4 Privileges and immunities

Two justifications are offered, and they lead to different limits. The representational theory says the diplomat embodies the sovereign and so cannot be judged by the receiving state. The functional theory says immunity exists only so far as the mission's work requires. The Convention follows the functional view but grants broad protection in practice. ItemPosition Mission premisesInviolable; officers of the receiving state may not enter without consent Archives and documentsInviolable at all times and wherever they are Person of the diplomatInviolable; no arrest or detention Criminal jurisdictionComplete immunity Civil and administrative jurisdictionImmunity, with limited exceptions (private immovable property held personally, succession in a personal capacity, professional or commercial activity outside official functions) DutiesRespect the laws of the receiving state; not interfere in its internal affairs; not use the premises for purposes incompatible with the mission