5 Privileges and Immunities of Diplomatic Missions and Diplomatic Agents

Rationale (state it first): not personal privilege but functional necessity — the VCDR's own Preamble: privileges ensure "the efficient performance of the functions of diplomatic missions as representing States," not the benefit of individuals. (The old personal-representative theory has yielded to functional necessity — but note the immunities exceed strict function, reflecting also the representative character theory; the exam wants both bases.)Mission-level immunities:• Inviolability of premises (Article 22): the receiving state may not enter them (the Iran–US hostage crisis of 1979–81 being the emblematic breach; the UK's 1977? breach cases aside); a duty to protect; premises immune from search, requisition, execution;• Inviolability of archives and documents (Article 24) — at all times, everywhere;• Freedom of movement (Article 26) — subject to security zones;• Freedom of communication (Article 27) — including the diplomatic bag ("packages containing only diplomatic documents or articles intended for official use" — not to be opened or detained), the courier, and (Article 27(1) even) radio transmitter with consent;• Exemption of premises from taxation and national service burdens (Articles 23, 28,34–36).Agent-level immunities:• Personal inviolability (Article 29): no arrest or detention; a duty of protection (the receiving state must treat the diplomat with due respect and prevent any attack);• Immunity from criminal jurisdiction (Article 31(1)) — total, plus civil/administrative immunity subject to three exceptions (Article 31(1)(a)-(c)): (i) a real…