Although general exemptions were intended to benefit the organization, not the individual, some argued that the opposite happened. Council of Europe, AJ div. See Council of Europe, AJ, Div 2 (4), Legal Committee of Consultative Assembly, AS Jur (17) 36, 8 March 1966 and Council of Europe, 2202 vol. Although many have grappled with the question of what privileges and immunities international officials should enjoy, no satisfactory theoretical framework has evolved. These privileges and immunities are given to diplomats on the basis of reciprocity. In Brussels alone in 1966 there were purportedly twenty-three thousand who enjoyed such privileges.(19). Please, Members of the Family of a Diplomatic Agent, International law and international relations, Relationship between international and domestic law, Sources, foundations and principles of international law, Statehood, jurisdiction of states, organs of states, Middle Eastern Organizations/Institutions, Members of the family forming part of the household, The successive stages of the diplomatic embrace, Other limits to the functions of a diplomatic mission, 1 Where a distinction is to be drawn between functions of a mission and personal activities of its members, 2 Where a distinction is to be drawn between diplomatic functions and commercial activities, 3 Where the function in question is a novel one, ‘protecting in the receiving State the interests of the sending State and of its nationals’, Special rights of citizens of the European Union, Appointment of employees of independent contractors, Involvement in terrorist or subversive activities, Notification of Staff Appointments and Movements, Offices away from the Seat of the Mission, Commencement of Functions and Precedence of Heads of Mission, Reduction in the classes of head of mission, Precedence of the representative of the Holy See, Functions of the doyen of the diplomatic corps, Precedence among members of the diplomatic staff, Need for appointment of a chargé d’affaires, Notification of the appointment of a chargé d’affaires, Negotiating history: emergency on the premises of the mission, Subsequent practice: abstention from enforcement on premises, Immunity from jurisdiction of the sending State, Protection by forces or contractors of the sending State, Prevention of disturbance of the peace of the mission or impairment of its dignity: demonstrations, Commencement and termination of inviolability of premises, Exemption of Mission Premises from Taxation, Taxes which ‘represent payment for specific services rendered’. Adatcide Visscher report quoted in Kunz, "Privileges and Immunities of International Organizations," p. 854, fn.
The ever-increasing numbers enjoying such status coupled with the modern rejection of such privileges generated ever more frequent parliamentary and public criticism of both. See Perrenound, Regimes des privileges, p. 242. One of the issues raised at that time and still controversial today is exemption from taxation, especially income taxes.
2, 5 November 1980, committee of experts on privileges and immunities, Prof. Dr. Maximiliano Bernad y Alvarez de Eulate, of the University of Saragossa. Council of Europe, 2202 vol.
Council of Europe, AJ. In 1980 the Council of Europe estimated that there were approximately ninety thousand employed by more than two hundred international organizations.
Michaels, International Privileges and Immunities, p. 27. In some cases, they advised, no privileges and immunities should be granted; the organization should function exclusively "as a legal person under the national law of the host state."
(27) The legal rapporteur thought it was neither possible nor desirable to "harmonize" the privileges and immunities of international organizations because the criterion to be employed, functional necessity, meant that such privileges and immunities should by definition vary with the needs of the organization. Yearbook of the International Law Commission, (1971) 2, part 1: 152. The U.N. and its affiliated and specialized agencies grew tremendously since World War II as did regional organizations and their subsidiaries. Council of Europe, 2201 vol. Historically, international privileges and immunities, namely those bestowed on international functionaries, have influenced and become entwined with their diplomatic counterparts.
(3) Moreover, so-called "international" diplomacy followed the same evolutionary path as did traditional diplomacy from ad hoc temporary conferences to permanent international organizations just as traditional diplomacy moved from ad hoc representatives to permanent legations.(4). (26) In 1967 the legal rapporteur of the European Committee on Legal Cooperation, Mr. von Merkatz, summed up the report from the Council of Europe and drew attention to some of the problems caused by international privileges and immunities. Div. Ibid., 718 AJ, 26 March 1970, ad hoc committee concerning relations between states and international organizations. Third, certain principles which have been employed to justify diplomatic privilege, namely the sovereignty of the sending state and reciprocity, have not been used to justify international privileges. (38) These reservations were not dealt with at that time and came back to haunt the participants later.
From: Oxford Public International Law (http://opil.ouplaw.com). In Geneva as of February 1995 the total reported indebtedness of both missions and personnel was more than five million Swiss francs.
Parry, "International Government and Diplomatic Privilege," p. 112. Ibid., 718 AJ, Strasbourg, GR/REO (71), pp. (6) As international organizations increasingly played an integral role in the twentieth-century state system, the line between diplomatic and international functions became blurred. The premises and diplomatic bags of the mission are inviolable and cannot be entered unless privilege is waived. International functionaries, unlike diplomats, do not possess special prerogatives unless specifically invested with them. Diplomacy in a Dangerous World pp. Before World War I one of the largest international organizations, the International Institute of Agriculture, employed one hundred permanent staff in addition to its committee which contained one representative from every member state small by the standards of the 1990s. 16. 42. International Law Commission, 1978 vol. Tax relief was designed to reduce the financial burden of the organization and the possibility of local interference, to establish uniform salaries (equal pay for equal work), and to ensure that the host state did not benefit at the expense of the other states. Council of Europe, Strasbourg, 22020, 19 December 1980), CB/De/Concl(80) 327, p. 120, par. (32) Instead the draft "departed substantially from existing practice and existing agreements," by expanding the number of privileges and immunities and those entitled to them. 2, (CCJ (69), 4, 12 March 1969, p. 5.
10. "(7) No doubt some international officials were disappointed with this rejoinder. (37) The representative from the United Kingdom quoted with approval the report of the European Committee on Legal Co-operation that opposed the establishment of a general scale of privileges and immunities and suggested that privileges and immunities should be tailored to the needs of the organization. (23) As of 1967 the U.S. recognized forty-one which ranged from the Asian Development Bank to the World Meteorological Organization and which included the Coffee Study Group, the Great Lakes Fishery Commission, Inter-American Tuna Commission, the International Pacific Halibut Commission, the International Wheat Advisory Committee, and the International Hydrographic Bureau. 2, part 1, p. 271. 45. Vol. 2 Documents of the Conference, final document pp. Practice: permitted contents of the diplomatic bag, Practice: the scanning of diplomatic bags, Practice: manifest abuse or threat to human life, Work of the International Law Commission on the diplomatic bag, Work of the International Law Commission on diplomatic couriers, Subsequent practice: protection against attack, UN Convention on Crimes against Diplomatic Agents, Subsequent practice: liability to arrest or detention, Modern practice: scope of immunity from jurisdiction, Modern practice: diplomatic immunity and State immunity, Modern practice: effect of immunity on insurance.
Yearbook of International Law Commission, 1978, vol. Diplo is a non-profit foundation established by the governments of Malta and Switzerland. The immunity given to members of diplomatic missions and diplomatic couriers from arrest and prosecution for any criminal offence. (25), The issue of privileges and immunities for such groups came under intense scrutiny by two groups simultaneously, the International Law Commission, which moved to expand them, and the Council of Europe, which moved to contract them. The large number of international officials within the U.S. caused considerable problems ranging from the annoying to the criminal.
41. U.S., House of Representatives, 95th Congress, 1st session, Hearings and Markup before the Subcommittee on International Operations of the Committee on International Relations House of Representatives, p. 4. With these issues in mind, the committee of experts in its draft resolution advocated restricting the privileges and immunities which international organizations and their officials enjoyed. Council of Europe, AJ Div 2 (4), 10 November 1966, report of subcommittee of experts on privileges and immunities of international organizations and persons connected with them, pp. 3 ff. In 1972 at an international conference sponsored by the United Nations General Assembly, a number of delegates expressed some of the same reservations about the draft on international privileges and immunities presented by the International Law Commission. 11. U.N., DAG13, 2.0.14, Box 44, letter of 9 April 1965. PRINTED FROM OXFORD REFERENCE (www.oxfordreference.com). The question is what new vision, if any, will emerge.
"(33) Those injunctions were ignored.
The report underlined the duty to respect the laws and regulations of the states, the necessity and responsibility of all parties to avoid abuse, the importance of safeguards to protect third parties, and the dictates of state security. The Minister of State, Mr. Richard Law, protested that no foreign secretary would "create a vast class of privileged persons, who would devote their leisure, and probably their working hours as well, to careening incontinently about the King’s highway massacring the King’s lieges with absolute impunity, having first fortified themselves with unlimited quantities of duty-free wine and spirits, purchased out of tax-free incomes. The "psychology of privilege" which sets a diplomat apart is even more invidious for international officials who are not replaced as quickly as diplomats.
(12) Even more publicized has been the problem of uncontested defaulted debts to local creditors that have continued to escalate.
One could ask whether law still serves as a metaphor for the international community or incarnates the community’s vision of itself. "(47) "A subservient international civil service," he agreed, "would be pernicious," but "one functioning in a vacuum insulated by privileges and immunities [would be] scarcely less so.".
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