Introduction and Background
Diplomacy
is one of the most essential tools of foreign policy and international
relations. Diplomacy is the art and practice of conducting relations between
representatives of states through accredited and officially recognized
instruments or agents. In its true form, diplomacy is a form of contact or
communication between two or more states with the sole aim of influencing,
deterring, altering or reinforcing the views, actions, perceptions and
behaviour of others. Communication is very vital in diplomacy and this is
carried out through many ways and means. This may include press conferences,
banquets, political rallies, round table conference, lectures and seminars and
closed door meetings between officials and delegates.
The
world diplomat originated from the Greek word “diplum” which means a “message”
that has to be taken from one independent city state to anther. The emergence
of diplomatic heads led to the establishment of diplomatic missions. The
congress of Vienna, 1815 settled the disagreement in the diplomatic community
over the issue of recognition, protocols, privileges and precedence. The 1815
congress among other things recognised the equality of Ambassadors. There
forth, diplomats became more and more professionalized in the conduct of
international relations on a wide range of issues covering the areas of peace
making, treaties and agreements, trade and economics, wars, politics,
humanitarian issues and cultural matters. In both informal and social sense
diplomacy involve to gain strategic advantage on one hand to find mutually
acceptable solutions to common challenges facing states, on the other.
States
have many strategies and designs through which its facilitates its diplomatic
activities in order to achieve the expected results. These are referred to as
instruments of diplomacy. These instruments are many and varied and states
employ them depending on their ability and resources in the international
system. These instruments include political economic, military, psychological
and information gathering/management.
Functions of Diplomats
Diplomacy have become so vital in modern international
relations that according to John Rourke, nations and states have developed
vested interest in diplomacy as the hallmark of international harmony,
understanding, co-operation and global peace and security. The role of
diplomacy in the international system involves a large measure of systematic
intuitiveness and creativity. This extent, diplomacy is not a game for nitwits
or the quermis. According to Alaba Ogunsanwo, a diplomat must possess
extraordinary qualities to enable him succeed. A diplomatic must have a sharp
mind, must be witty, knowledgeable, suave, urbane, intuitive and adaptable. He
must have a sense of humour, ability to read and interpret data and reasonable
communication skill.
The
principal function of the diplomat centres on negotiation, bargaining,
lobbying, communication between governments and providing vital intelligence.
However, the functions of the diplomat in the modern era have gone far beyond
these traditional demands. Diplomats perform a feed back function between the
home government and the host community. His duty also include the protection of
his nationals and their property to ensure that they are not unduely
disadvantaged. Diplomats also represent their home government at court
ceremonies, social gatherings and other occasions that demanded the presence of
their home governments. Naturally, diplomats act as conveyors of peace. When
relations are strained, diplomats work round the clock to untie the knotty
issues and provide reasonable avenue for contact. Diplomats also perform this
function for third parties when their home states are not directly involved in
the conflict.
Characteristics of a Diplomat
Types/ variant of Diplomacy
Evolution and growth of modern diplomacy
The origin of diplomacy has a long and
chequered history. It is not an entirely modern development, could be traced
back to the Greek city states, the Roman empire, the Byzantine empire to the
Italian empires of the renaissance. The first embassy was established in the
renaissance Italy in the 13th century. Milan played a leading role
in establishing the root of modern diplomacy under Francesco Storza who
established permanent embassies to the other city states of northern Italy.
Tuscany and Vanice also became flourishing centres of diplomacy from the 1300s
onwards. In the Roman emires, Ambassadorial appointment and terms of diplomacy
were formalised. After the collapse of the Roman Empire, the Byzantine empire
advanced to the extent of providing formal training for diplomats. It was in
the Italian peninsula that many of the traditions of modern diplomacy began to
take shape such as the formal presentation of Ambassador Credentials to the
head of state.
From
Italy, the practice spread to other European regions. Milan was the first
sovereign to send a representative to France in 1455. Milan however refused to
host French representatives for fear of espionage and the feeling that the
French representatives may interfere in its internal affairs. As foreign powers
such as France and Spain became increasingly involved in Italian politics, the
need to accept emissaries and envoys was recognized. Summit meetings were also
introduced as a form of diplomatic practice. Soon, the major European powers
began to exchange representatives. Spain was the first to send a permanent
representative when it appointed an Ambassador to the court of England in 1487.
By the late 16th century, permanent missions became customary in
most of Europe. The Holy Roman Emperor however did not regularly send permanent
legates as they could not represent the interests of all the German Princes
(who were in theory subordinate to the Emperor but in practice each
independent).
During
this period the rules of modern diplomacy were further developed. The top rank
of representatives was the Ambassador. At the time, an Ambassador must be an
Aristocrat, and the rank of the noble was assigned varying with the prestige of
the country he was delegated to. Strict standards were developed for
Ambassadors requiring them to have large residence who lavished parties and
play an important role in the court life of their host nations.
Diplomacy
was more complex affair then than it is now. The ambassador form each state
ranked by complex levels of precedence and protocol which were often very much
in dispute. States were normally ranked by the title “Sovereign”. For the
Catholic nations, envoys from the Vatican were paramount, followed by those
form the kingdoms, then those form the duchies and principalities. Representatives form republics were ranked
the lowest. This was a source of serious umbrage to the leaders of the numerous
German Scandinavian and Italian republics. Determining precedence between two
kingdom depended on a number of factors that often fluctuated leading to constant
squabbling.
Ambassadors
and Nobles with little experience and no expectations of career in diplomacy
had to be supported by large embassy staff. These professional undertook
serious diplomatic assignments since they were far more knowledgeable than the high
ranking officials about matters concerning the host country. Embassy staff
would comprise a wide range of personnel some of them dedicated to espionage.
The need for skilled individuals to staff embassies was met by graduates from
universities and colleges creating a boost to the study of international law
and related maters through out Europe.
The
elements of modern diplomacy slowly spread to eastern Europe and Russia by the
early 18th century. The entire diplomatic structure was severely
disrupted by the French revolution and the subsequent years of warfare. The
revolution allowed for commoners to take over the diplomacy of the French state
and those conquered by the revolutionary armies. Ranks and precedence became
irrelevant. Napoleon also refused to acknowledge the principle of diplomatic
immunity and imprisoned several British diplomats whom he accused of plotting
against France. After the fall of Napoleon, the congress of Vienna, 1815 took
far reaching measures to establish an effective and enduring international
system of diplomatic relations.
Diplomatic Immunity
Diplomatic immunity is a sort of legal
protection which largely exempts the diplomatic mission and personnel form the
jurisdiction of the host state. Diplomatic immunity is a legal protective
measure woven around the diplomatic persons and properties to shield them from
undue interference from the host country and its agent. The aim is to guarantee
the diplomats extensive privileges in the discharge of their responsibilities
as long as such duties remain within an acceptable framework and the bounds of
international law. Diplomatic immunity draws its strength on the basis of
reciprocity because it is in the interest of every state to ensure the
independence and security of her diplomatic institutions by guaranteeing same
to others. This explains why the issue of diplomatic immunities has been one of
the most successful and generally accepted aspects of international law.
During
the evolution stages of international justice, many wars were considered
rebellions or unlawful by one or more combatant side. In such cases, the
servant of the criminal sovereign were often considered accomplices and their
persons violated. In other circumstances harbingers of inconsiderable demands
were killed as a declaration of war. When Davies the Great, the king of Persia
demanded “earth and water” from various cities, the Athenians threw the
messengers into a pit while the Spartans threw than down a well stating that
they would find both earth and water at the bottom. In 1538, king Francis I of
France threatened Edmund Banner, the British Ambassador to the French court
with a hundred strokes of harberd as punishment for Banner’s “insolent
behaviour”.
Modern
diplomatic immunity evolved parallel to the development of modern diplomacy. In
the 17th century, European diplomats realised that protection from
prosecution and other distractions was essential to the successful performance
of their duties. Thus, a set of rules were evolved aimed at guaranteeing the
rights and privileges of diplomats. These rights however were still confined to
western Europe and were closely tied to the prerogatives of nobility.
The
British parliament first guaranteed diplomatic immunity to foreign ambassadors
in 1709 after Count Andrey Mativeyer, a Russian resident in London had been
subjected to verbal and physical abuse by British bailiffs. Diplomats are
received into the host country under safe conduct and violations of any type is
normally viewed as a great breach of honour, even though there have been cases,
most of them accidental, where diplomats had been subjected to undignified
treatment or even killed.
Genghins
Khan and the Mongols were known for strongly insisting on the rights of
diplomats. Often, they would take extreme measures to punish any state or group
of that violated these rights. The Mongols have been known to raze entire
cities to the ground in retaliation for the execution of their Ambassadors. In
Islamic tradition, a messenger is not to be harmed even if coming from an enemy
or bearing a high provocative and offensive message.
The
French revolution brought major set back to the growth of the diplomatic
system. The revolutionary state under the leadership of Napoleon disputed the
legitimacy and usefulness of diplomatic rights and privileges. Napoleon
imprisoned a number of diplomats whom he accused of working against France.
In
the 19th century, the congress of Vienna reasserted the rights of
diplomats and laid the foundation for modern diplomatic immunities and privileges.
The congress of Vienna, 1814-1815 dealt on issues such as the French
revolution, the Napoleonic wars, the dissolution of the Holy Roman Empire. The
conference, which was attended by the Ambassadors of European states, dominated
by the big four – Britain, Russia, Prussia, Austria became a model for the
League of Nations and later the UN. The foundations of diplomatic practices
established by the Congress of Vienna became largely accepted and respected far
beyond Europe, as the principle and model spread throughout the world.
Today,
diplomatic immunity and other numerous issues concerning diplomatic relations
as a whole are governed internationally by the Vienna convention (1961) on
diplomatic relations. This convention has been ratified by almost every country
in the world. Originally, diplomatic privileges and immunities were granted on
a bilateral and adhoc basis, which led to misunderstanding and conflict. It
brought pressure on weaker states and an inability for other states to judge
which party was at fault.
Many
principles of diplomatic immunity are now considered to be customary law.
Diplomatic immunity as an institution developed to allow for the maintenance of
government relations, including during periods of difficulty and even armed
conflict. During the Second World War, diplomatic immunity was upheld and the
embassies evacuated through neutral countries. In periods of hostility and war,
it is practicable to accept that some persons were immuned to the law. However,
they were still bound by strict requirements of honour and custom.
In
modern times, diplomatic immunity continues to provide means to safeguard
diplomatic personnel from any animosity that might arise between nations. The
underlying principles has been and will continue to be this “we depend on other
countries to honour our own diplomats immunity just as scrupulously as we
hounour theirs”.
The Vienna Convention on Diplomatic
Immunity
The Vienna convention, which came in force in 1964
emphasises the functional necessity of diplomatic principles and immunities in
achieving efficiency in the conduct of international relations. These
immunities also aim at underscoring the character and value of the diplomatic
mission in representing its sovereign state. The Vienna convention is a set of
international agreement codified into rules to provide standards and privileges
to all states. Some of the privileges contained in the convention include the
following;
a. The
premises of diplomatic mission are inviolate and agents of the host states are
not to enter them without permission.
b. The
host state is under special obligation to protect the mission from intrusion,
damage or assault to its dignity.
c. The
embassy car and other vehicles appropriately designated are inviolate. They are
immunet from search, requisition.
d. The
diplomatic ponch is inviolate – diplomatic bags and packages cannot be opened,
searched or detained at ports of entry or departure. Care must be taken here to
balance between abuse and confidentiality.
e. The
person of the diplomatic courier is inviolate. He cannot be subjected to any
form of arrest, detention or criminal prosecution in the exercise of his
function.
f. The
mission premises is exempt from taxation.
g. The
archives and documents of the mission are inviolate at any time and wherever
they may be.
h. The
person of the diplomatic agent is inviolable. He cannot be detained or
arrested. This principle is the oldest established rule of diplomatic law and
the most fundamental. The host state is under an obligation to “take all
appropriate steps” to prevent any attach on the person, freedom or dignity of
diplomatic agents. In exceptional cases however, a diplomat may be arrested or
detained on the basis of self defence or in order to protect human life.
i. The
private residence of a diplomatic agent, his papers, correspondence and
property are inviolate.
j. Diplomatic
agents enjoy complete immunity from the legal system of the host state in the
area of criminal jurisdiction. The only course of action let to the host state
in criminal maters is to declare the offending agent persona non grata. The
agent may be recalled and prosecuted by his home government or have his
immunity stripped, paving way for prosecution by the host state.
k. Diplomatic
agents are generally exempt from the social security provisions of the
receiving state – all dues, taxes, personal regional or municipal, form
personal and public services and from custom duties and inspection.
l. Family
members of the diplomatic agent enjoy similar privileges and immunities,
including members of his administrative and technical staff.
Abuse of Diplomatic Immunity
Most diplomats are well trained and seasoned public
servants representing nations with well established traditions of democracy,
rule of law and professional civil service. They are expected to obey
regulations governing their behaviour and observe strictly the rule of
diplomatic eliquette, knowing that various forms of sanctions and disciplinary
actions may be imposed for acts of blatant misbehaviour or for flonting local
laws with impunity.
In
many nations, the carrer of a professional diplomat may be compromised if he or
members of his family disobey local authorities or causes embarrassment to
himself or his home government. Such acts of impurity may on their own
constitute violation of the spirit of the Vienna convention. The Vienna
convention is explicit that without prejudice to their privileges and
immunities, it is the duty of all persons enjoying such privileges and
immunities to respect the laws and regulations of the receiving state. In many
instance, diplomatic immunity have led to serious and very reckless abuses by
diplomatic personnel. Such abuses include involvement in criminal activities,
disregard for the traditions and culture of the host communities reckless
driving and drunkenness. Other aspect of abuses include providing aid to
political dissidents and insurgents, engaging.