Abstract
The traditional concept of diplomatic immunities is ancient in origin and well established in international law and practice. The legal basis for the extension of this concept to the international civil servant and other functionaries of international organizations is fairly modern, lacking universality and, in some cases, also definition. In this Chapter an attempt is made to link traditional concepts with the evolving law of international privileges and immunities. It is intended to demonstrate the interactions of the traditional and modern laws dealing with the privileges and immunities of the diplomatic agent on the one hand, and those of the international functionary on the other.
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Reference
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Principally Articles 36, 2; 41, 3; and 42.
The Schooner Exchange v. McFadden, 7 Cranch 116, 135 (1812).
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The Government of Venezuela filed and confirmed a reservation to this Article as follows:
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Later renamed: International Bureau of the American Republics; and subsequently, the Pan-American Union.
Later Constituted as the Universal Postal Union.
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Examples of cases in point include: Un United States v. Kenney, iii F. Supp. 233 (D.D.C. 1953), reversed, 218 F. 2d 843 (D.C.Cir. 1954) the court sustained a citation for contempt, reversed on appeal on the grounds that certain prejudicial evidence had been introduced. In Essayau v. Jouve (France, Lower Court of the Seine, October i, 1962), United Nations Juridical Yearbook, 1962, p. 290, court held that immunity from legal process of United Nations officials was restricted to official acts and not all inclusive as accorded envoys of foreign governments. People v. Coumatas, 32 Misc. 2d. 1085, 224 N.Y.S. 2d 507, 509. “Blanket immunity was not conferred upon officers and employees of the United Nations [by the Headquarters Agreement] but their immunity is defined in the International Organizations Immunities Act of 1945” (PL 291 — 79th Cong.; 59 Stat. 669; 22 U.S.C. ann. 288).
An unusual variation appears in Article 30 of the General Regulations of the International Criminal Police Organization which specifies the exclusively international character of the Secretariat but Article 43 specifies that the Secretary General “should preferably be a national of the country in which the seat of the Organization is situated.”
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Langrod, Civil Service, p. 56.
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© 1971 Martinus Nijhoff, The Hague, Netherlands
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Michaels, D.B. (1971). Evolutionary Perspectives. In: International Privileges and Immunities. Springer, Dordrecht. https://doi.org/10.1007/978-94-011-9220-0_2
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