CYIL vol. 12 (2021)

CYIL 12 (2021) RESTRICTING DIPLOMATIC PRIVILEGES IN THE PROTECTION OF PUBLIC HEALTH?… latter to ensure the efficient performance of the mission’s functions without prejudice to its immunities. These customary duties, reflected in the Article 41 (1) of the Convention, are not to be interpreted autonomously, without an overall context or disregarding the other applicable norms of international law. Therefore, a functional necessity of immunities, anchored in the Preamble, together with an obligation to accord full facilities, have to be borne in mind while approaching the possible restriction. A balanced relation between receiving and sending sovereigns is tangible throughout the whole Convention. And the balance as such is equally crucial for setting the threshold which measures are acceptable under international law and which are not. Thus, the reply on the question whether diplomats are obliged to comply with rules and laws of the receiving State, should simply be affirmative. On the other hand, these rules and laws, including pandemic measures, cannot be forcibly imposed on them and cannot be enforced. Yet, they should not hinder the functioning of the mission – in such a case, any restriction must be justified by reasonable ground of necessity and must be proportionate, in terms of scale and time, to the context of situation and to the interests under protection. This is why the general criteria of lawfulness must always be assessed on a case-by-case basis.


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