Practice question
Compare the receiving-State criminal-jurisdiction protection of a qualifying diplomatic agent under the VCDR with a career consular officer's functional immunity under the VCCR. Assume neither is a national or permanent resident of that State, no waiver or additional agreement exists, and the alleged acts are private. Also discuss pretrial detention of the consul for a grave crime pursuant to a competent judicial decision.
Legal references
- Vienna Convention on Diplomatic Relations (1961), Articles 22, 29, 31–32, https://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf
- Vienna Convention on Consular Relations (1963), Articles 36, 41 and 43, https://legal.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf
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