Diplomatic status

The Chinese Emperor receives the Diplomatic Corps (around 1900)

The Polish Diplomatic Corps, chaired by Apostolic Nuncio Jozef Kowalczyk, at the 2007 New Year's reception of the Polish President

The term diplomatic status is generally understood to mean certain privileges and exemptions that members of diplomatic missions and consular representations as well as employees of international organizations enjoy during their stay in the host country. The privileges include protection from sovereign measures by the receiving state, exemption from its jurisdiction and exemption from all direct and, in some cases, indirect taxes.

Diplomatic status is not a legal term and is generally not used in national and international legislation. The privileges and immunities, often referred to as diplomatic privileges or diplomatic immunity , are based on customary international law that has been practiced among states for centuries . It is only in international organizations that customary international law has not yet emerged, as these only arose after the First World War (e.g. the League of Nations founded in 1919 ). For international organizations, diplomatic privileges and exemptions are only established in a constitutive way through the corresponding agreements ( agreements , conventions ) .

The customary international law practices were based on a draft of the International Law Commission (ILC) from the years 1954-1958 and a resolution of the XIV General Assembly of the United Nations at the conference in Vienna from March 2 to April 18, 1961 in the Vienna Convention on Diplomatic Relations (WÜD) of April 18, 1961 ( BGBl. 1964 II p. 957 ). The same procedure was followed with regard to the rights of consular officers: their status today results from the Vienna Convention on Consular Relations (WÜK) of April 24, 1963 ( Federal Law Gazette 1969 II p. 1585 ).

Both conventions have been ratified by almost every country in the world . In relation to non-acceding states, the conventions are applied accordingly in Germany, for example, by virtue of national law ( Section 18 sentence 2 and Section 19 paragraph 1 sentence 2 GVG ).

Purposes of privileges and immunities

Diplomats' privileges and immunities have several purposes:

• On the one hand, they should enable the diplomat to effectively represent the interests of his state (the sending state) in the receiving state without having to fear punishment . They are also intended to generally protect him from arbitrary state decisions or foreign legal practice in his host country.
• On the other hand, it should not be possible for the receiving state to make the diplomat the object of revenge on the sending state for its unfriendly behavior; Therefore, the diplomat enjoys exemption from any criminal prosecution by the receiving state, even in the off-duty sector . This also applies if there is clearly no political conflict between the sending state and the receiving state and appropriate punishment for the diplomat's misconduct appears legitimate.
• Tax and customs exemptions and the comprehensive exemption from the jurisdiction of the receiving state are an expression of the existing equitable relationship between sovereigns and the equality of all subjects of international law in the international community. The diplomat as a representative of a sovereign state should not be subject to the sovereignty of another, but only to that of his own state.

According to the fourth recital in the preamble to the VCDR, privileges and immunities do not serve the purpose of preferring individuals, but rather aim to ensure that the diplomatic missions' tasks as representations of states are carried out effectively.

principle

Without prejudice to their special status, diplomats are obliged to observe the laws and other legal provisions applicable in the receiving state and not to interfere in internal affairs of the receiving state ( Art. 41 Para. 1 VÜD, Art. 55 Para. 1 WÜK). The premises of a diplomatic and consular mission may not be used in a way that is incompatible with the performance of diplomatic or consular tasks (Art. 41 Para. 3 WÜD, Art. 55 Para. 2 WÜK). Any violations of general obligations of conduct can, however, only be punished by the receiving state as long as the special privileges and exemptions of the diplomat do not conflict with this.

Scope of privileges and immunities

Inviolability of the mission building

Spanish embassy in Berlin-Tiergarten

The ambassador's residence (here: the Icelandic ambassador in Berlin , whose national emblem is clearly visible on the building) enjoys the same protection as the embassy chancellery.

The premises of the diplomatic mission (property, building, garden, stairs to the building) are inviolable. Representatives of the receiving state may only enter the property and the premises with the consent of the head of mission. The receiving state has a special duty to take all appropriate measures to protect the premises of the mission from any intrusion or damage and to prevent the peace of the mission from being disturbed or its dignity from being impaired ( Art. 22 para. 1 and 2 VUD). On the occasion of the storm on the US embassy in Tehran ( Iran ) in November 1979 and a similar incident in November 2011 that was directed against the British embassy in Tehran , the Iranian government was obliged to protect the embassies from any attack by private individuals to prevent the occupations.

The dignity of the mission or its employees is not yet impaired when demonstrators peacefully express criticism of the sending state in front of the building. However, access to and from the mission must be guaranteed, which can mean that demonstrations may be restricted to the sidewalk opposite the mission building. Whether insults and insults against representatives of the sending state are permissible from such demonstrations requires individual consideration under the validity of the freedom of assembly and freedom of expression, but this is often denied in the literature. In Germany, insulting foreign heads of state , heads of diplomatic missions or foreign government members residing in Germany was threatened with punishment until 2017 ( Section 103 StGB ), even if the prosecution of such offenses was only possible to a limited extent ( Section 104a StGB). However , this was abolished in the course of the Böhmermann affair .

The premises of the mission, its furnishings and the other objects located therein as well as the mission's means of transport enjoy immunity from any search , seizure , seizure or enforcement (Art. 22 Para. 3 VCDA). Bailiffs , police and law enforcement officers of the receiving state are not allowed to carry out any official acts there if the head of mission does not agree.

The formal delivery of a document to the diplomatic mission by means of a postal service certificate is also considered an official act , since such delivery by post is to be regarded as an act of sovereignty of the receiving state vis-à-vis the diplomatic mission. Notices that have been made are void . However, it is still possible to send documents informally.

The inviolability of the diplomatic mission is not based on the extraterritoriality of the site, because the diplomatic purpose of the property does not change its assignment to the territory of the receiving state. The inviolability of the diplomatic mission does not limit the validity, but only the enforcement of national law. Therefore, the criminal law of the receiving state applies to the punishment of criminal offenses on the mission site. The Supreme Court has, for this reason the murder of the Afghan ambassador in the building of the Afghan Embassy in Berlin not considered in 1933 as a foreign state. Conversely, the diplomat who works abroad for a diplomatic mission abroad, on the grounds that he lives and works in places where the sending state exercises sovereignty, has no entitlement to public services that are only granted domestically.

According to international treaties, the premises of the mission also include the residence of the ambassador or the head of the mission ( Art. 1 letter i VÜD).

In the event of accidents on the mission's property (e.g. fire), the fire brigade must always obtain permission from the head of the mission or his representative to enter. There is only an exception if immediate action is required due to the urgency of the measures (e.g. because of the risk to human life). In this case, the responsible head of operations is entitled to order entry according to his due discretion. The relief measures have to be limited to what is necessary to avert the danger.

Inviolability of the person of the diplomat

The hostage-taking of the members of the US embassy in Tehran ( Iran ) was a serious violation of international law

The diplomat is inviolable. He is not subject to arrest or detention of any kind. The receiving state treats him with due respect and takes all appropriate measures to prevent any attack on his person, his freedom or his dignity ( Art. 29 VCDR). This not only results in obligations to cease and desist, but also to act actively if third parties attack the diplomat. Germany was (also) obliged under international law to free the Iraqi Chargé d' Affaires , whom five perpetrators had taken hostage at the Iraqi embassy in Berlin in August 2002 ; for this purpose - in coordination with the sending state - the mission building could be entered by the police.

The 444 day detention of 52 American diplomats in Iran in 1979 and 1980 was a particularly serious violation of Art. 29 VCDR; The International Court of Justice ruled on May 24, 1980 that Iran had violated its obligations under international law and had to release the embassy staff immediately.

No measures may be taken against the diplomat that in any way amount to sovereign coercion. Criminal Procedural measures are prohibited (for example, the provisional arrest , detention , search , seizure , even a driving license, ensuring , interrogation against the will of the person concerned, Wiretapping , taking blood samples to determine the blood alcohol content for drunk driving suspicion ). Likewise, the imposition of warnings or fines (e.g. for traffic offenses ) is not permitted. Even the pinning of notices to the windshield of vehicles with diplomatic license plates or the attachment of parking claws to the vehicle of a diplomat has to be avoided. Simple - also written - to the diplomats about the traffic violation are possible, as long as they do not have a sovereign-authoritative character.

For German administrative practice, it was agreed between the federal government and the federal states to notify the diplomats in writing (note on the windshield or letter to the residential address) of the traffic violation committed. The letter contains information on the crime scene and the time of the crime and describes the traffic violation according to the federal standard catalog of traffic offenses . However, no fine or warning is imposed, nor is its amount communicated. Instead, the diplomat is politely asked to comply with the applicable legal provisions in future. At the same time, he is advised that the traffic offense committed has been saved by the German authorities and that it can be reported to the Foreign Office if it occurs again.

Measures in the area of ​​security, such as the threat, determination and implementation of administrative coercive measures, may not be taken against diplomats. Standard measures due to the police laws of countries (such as the police detention or police search and securing of objects in the property are the diplomats, such as his motor vehicle) are not permitted. Also the towing of the vehicle is strictly prohibited. As an exception, diplomatic vehicles parked in violation of the prohibition may be towed away if they endanger the life and limb of other people. The Federal Foreign Office assumes the diplomat's implied consent to move his vehicle if it blocks tram tracks or hospital entrances.

A brief detention of the diplomat may be permissible in order to establish his identity and thus his privileges. If a person invokes privileges and immunities, it can be requested that proof be provided by presenting a diplomatic ID. Measures to protect the diplomat are also permitted. For example, if a diplomat was injured in a traffic accident and cannot be contacted, he can be taken to hospital without his consent. In this case, the sending state must be informed as soon as possible. If there is an acute risk of self-endangerment (e.g. through heavy alcohol consumption), it is permissible to prevent the diplomat from continuing his journey by removing his car keys and to bring him home or to his mission for his protection. However, it is inadmissible to prevent the diplomat from taking a taxi or from leaving.

According to the case law of the International Court of Justice , the VCDR is a self-contained regime , according to which, in the event of violations, only the measures provided for in the VCD can be used.

Protection against a search of a diplomat's motor vehicle continues in the event of presumption of use or theft . Protection continues even if a vehicle is handed over to a non-privileged person (e.g. the German wife of a diplomat accredited in Germany). It can then be assumed that privileges have been abused that the receiving state does not have to accept.

In principle, diplomats must comply with the infection control regulations (e.g. vaccinations) and comply with animal disease protection regulations on the mission site and in their private homes (e.g. with regard to necessary vaccinations for domestic animals living in the diplomat's household). Whether official measures can be enforced against the will of the diplomat (e.g. compulsory vaccinations) is controversial: the Federal Foreign Office denies this in principle, an expert opinion by the Federal Department of Foreign Affairs affirms it.

In Germany, the Foreign Office has pointed out that it is essential to treat the diplomat with particular courtesy in every possible case. A circular on the treatment of diplomats and other privileged persons states:

“Measures should be the absolute exception; political consequences have to be considered. As a rule, the application of measures leads to tensions at the political level. Since compliance with the rules of custom, courtesy and decency is based on the principle of reciprocity, a violation in the Federal Republic of Germany often falls back on German diplomats abroad. "

Situation in Austria

The Austrian authorities have been asking diplomats to voluntarily pay the administrative fine since 2009

In Austria , complaints about violations of the Road Traffic Act and in Vienna the Parkometer Act have so far been established, but the corresponding proceedings in the years 2006 to 2009 have all been discontinued as not being prosecutable . Since then, embassies and international organizations have been contacted for the purpose of a driver survey, asking whether any penalties would be paid voluntarily. In about a third of the cases, these requests are successful.

Situation in Switzerland

The Switzerland differs from the above provisions from the extent that it generally pursues since 2005 traffic violations and diplomats order buses delivered. If no payment is made, the embassy will be informed. However, diplomats should not expect sanctions. The chief of protocol could quote them to himself; a reference to the country as a last resort would appear disproportionate in the case of administrative offenses. In addition, the Federal Department of Foreign Affairs (FDFA) occasionally turns a blind eye to protect bilateral relations. The diplomats based in Bern consider the practice of setting fines to be contrary to international law and have protested against it through the doyen of the diplomatic corps , the apostolic nuncio in Switzerland.

Inviolability of the diplomat's private residence

The diplomat's private home enjoys the same inviolability and protection as the mission's premises. His papers, his correspondence and his property (e.g. his private motor vehicle ) are also inviolable ( Art. 30 VCDR). Second homes such as holiday homes also count as private homes if they are used regularly and the receiving state is able to effectively meet its protection obligations there.

Freedom of movement

Subject to the laws and regulations governing zones which entry is prohibited or regulated for reasons of national security, the diplomat has full freedom of movement and travel in the receiving state ( Art. 26 VCDR).

Exemption from the jurisdiction of the receiving state

According to Art. 31 VÜD the diplomat enjoys unrestricted immunity from the criminal jurisdiction of the receiving state. Under no circumstances may criminal proceedings or administrative offense proceedings be carried out against a diplomat . He may not be summoned to a court hearing , except to clarify his diplomatic status, if no other clarification is possible. It is irrelevant whether the offense that is the subject of the proceedings was committed while on duty or during leisure time. Any judgments made are null and void .

The diplomat also enjoys immunity from civil and administrative jurisdiction and from related enforcement measures; but there are some exceptions (Art. 31 Para. 1 VCDR).

There is no exemption from jurisdiction

• in real actions relating to private immovable property (e.g. property belonging to the diplomat, but not an apartment rented by him), unless the diplomat has this in possession on behalf of the sending state for the purposes of the mission,
• in litigation in inheritance matters in which the diplomat is involved as executor , administrator , heir or legatee in a private capacity and not as a representative of the sending state and
• in the case of lawsuits in connection with a free occupation or a commercial activity which the diplomat carries out in the receiving state in addition to his official activity (which, however , is prohibited to him according to Art. 42 VCDR). This includes transactions that are not commonplace, such as speculating on the stock exchange or participating in an insolvent company.

If judgments are made in such cases, enforcement may be made against the diplomat's assets that are outside the private home, e.g. B. in bank accounts.

The immunity from the jurisdiction of the receiving state does not prevent a diplomat from voluntarily using the courts of the receiving state, e.g. B. if he tries to have a foreign divorce decree recognized or if he applies for social assistance because the sending state has not paid wages. If a diplomat initiates legal proceedings, he can not invoke the immunity from jurisdiction in relation to a counterclaim that is directly related to the main claim ( Art. 32 Para. 3 VCDR, Art. 45 Para. 3 WÜK).

The diplomat has the right to refuse to give evidence in official as well as in all private matters (Art. 31 Para. 2 VÜD). Only the sending state can waive the right to refuse to testify (Art. 32 para. 1 VCDR).

Tax exemption

According to Articles 23 and 34 VUD, the diplomat is exempt from taxation in the receiving state. The sending state and the head of the mission are exempt from all state, regional and communal taxes or other charges with regard to the premises of the mission owned by them and rented or leased by them , unless these are levied as remuneration for certain services (Art. 23 Paragraph 1 VÜD). The diplomat is exempt from all state, regional and communal personal and real taxes or charges (Art. 34 VCDR). This does not apply

• indirect taxes (e.g. VAT) normally included in the price of goods or services ; Here, however, contrary to Art. 34 VCDR, a state practice has developed according to which most states also grant relief from indirect taxes ( value added tax , energy tax , motor vehicle tax , insurance tax ) on the basis of reciprocity ,
• Taxes and other duties on private immovable property located in the territory of the receiving state, unless the diplomat has it in possession for the purposes of the mission on behalf of the sending state,
• Inheritance taxes levied by the receiving state, but not in relation to the property of a deceased diplomat ( Art. 39 para. 4 VCDR),
• Taxes and other levies on private income, the source of which is in the receiving country, as well as property taxes on capital investments in commercial companies that are located in the receiving country,
• Taxes, fees and other charges that are levied as compensation for certain services,
• Registration, judicial, deed, notarization, mortgage and stamp fees relating to immovable property.

In Switzerland , members of the diplomatic corps receive duty-free fuel at certain Shell (Switzerland) petrol stations on presentation of the petrol card issued by the Federal Customs Administration .

There is no exemption for parking fees at parking ticket machines for the use of public transport , because they are a consideration for a specific service. However, the payment of parking fees cannot be enforced with administrative constraints.

Duty exemption, personal baggage control, flight security checks

Objects for the official use of the mission and objects for the personal use of the diplomat or a family member belonging to his household, including the objects intended for his institution, are exempt from all duties, taxes and similar charges with the exception of fees for storage, transport and similar services ( Art. 36 Abs. 1 VÜD).

The diplomat also enjoys exemption from the customs control of his personal luggage, unless there are good reasons to suspect that it contains objects for which the customs and tax exemptions do not apply or the import or export of which is prohibited by the law of the receiving state or by quarantine regulations is regulated. In such cases, the control may only take place in the presence of the diplomat or his authorized representative (Art. 36 para. 2 VCDR).

A valid reason is only given if there are objectively existing, as it were "eye-catching" indications of improper use.

At the airport , the diplomat is entitled to refuse the body search and control of his personal luggage as part of the flight security checks. In this case, he is informed in Germany "with exquisite courtesy" (original wording from the Foreign Office) that he will be excluded from carriage if he does not voluntarily submit to the identity check. He has no right to be let through uncontrolled on the basis of his diplomatic status.

Further privileges

The diplomat is not subject to the regulations on social security ( Art. 33 Para. 1 and 3 VÜD) and is exempt from personal services ( Art. 35 VÜD) and the obligation to register and obtain a residence permit in accordance with the Registration Act (arg. Art. 10 Paragraph 1 Letter a WÜD, implemented in Germany in Section 1 Paragraph 2 Nos. 2 and 3 AufenthG and in Section 26 BMG)

Holders of privileges and immunities

The beneficiaries of diplomatic privileges and immunities are in principle all staff members of a mission and the family members living in the staff member's household as well as domestic staff. However, not every member of the diplomatic staff and in some cases not all members of the mission are entitled to the full extent of the privileges and immunities listed above. The scope of the respective rights is determined by the rank and position of the respective employee in the diplomatic service of the sending state.

In Germany, the Foreign Ministry has divided the diplomatic staff in accordance with the definitions in Article 1 WÜD in a total of 11 groups for which the. Chief of Protocol issues of the Foreign Office special passes:

Diplomatic missions

Diplomats

Red protocol ID in Germany for members of foreign representations and international organizations (laminated plastic card in the format 110 mm × 80 mm); here with the code letter "D". The last exhibition in this form was on October 14, 2019, now credit card format.

Diplomats in the strict sense are the heads of mission ( ambassadors , Apostolic Nuncio, chargé d'affaires ) and other members of the diplomatic staff as ambassadors , embassy councils , Embassy secretaries and attachés of the embassies and the Apostolic Nunciature and the special attachés of the embassies z. B. Economic, commercial, financial, agricultural, cultural, press, military attachés and the embassy chaplains and doctors.

Family members are the spouse and unmarried children who are not older than 27 years and who live in common with the diplomat. Same-sex partners can also be family members of a diplomat under certain conditions, but not the parents or in -laws of the diplomat.

Diplomats in the above sense enjoy all diplomatic privileges and exemptions, both for official and private purposes. The family members of a diplomat are entitled to the same comprehensive protection ( Art. 37 Para. 1 VCDR). This form of protection is also called personal immunity because, in contrast to functional immunity, it also includes the off-duty area.

This group of people will receive a special red pass from the Foreign Office with the code letter "D" (see figure opposite).

Vehicle of the Cypriot ambassador in Germany with a special registration

Official and private vehicles of the diplomats and their family members are given special license plates in Germany that begin with a zero to identify their status. An elongated-oval additional sign is to be attached to passenger cars . For technical details →  main article diplomatic license plate (Germany) .

Administrative and technical staff at embassies

This group includes clerks , ciphers , translators and typists and their family members. In Germany, this group of people receives a diplomatic ID with the code letter "VB".

Employees of the administrative and technical staff of an embassy enjoy the diplomatic privileges and exemptions in principle like the diplomat, exemption from civil and administrative jurisdiction, however, only with regard to acts that were carried out in the course of their official activities (Art. 37 para. 2 VCDR , § 18 GVG). These are actions that are unavoidable for duty or official events, including trips to and from daily duty. In this respect, we speak of functional immunity .

Since the family members of the administrative and technical staff - the group is the same as that of the family members of diplomats - are not allowed to perform official acts, they - unlike family members of diplomats - enjoy no exemption from civil and administrative jurisdiction.

Service and private vehicles of the administrative and technical staff at embassies and vehicles of family members are given special license plates in Germany to identify their status, which start with the letter “B” or “BN” and are immediately followed by a number as a country code. An additional CD label must not be attached to these vehicles. For technical details → main article diplomatic license plate (Germany) .

Official domestic staff at embassies

This includes, for example, drivers , porters , messengers , gardeners , cooks and night watchmen for the diplomatic mission. This group of people - including family members - receives a diplomatic ID with the code letter "DP" in Germany.

Members of this group of people enjoy diplomatic privileges and exemptions with the following restrictions: These people only enjoy exemption from criminal, civil and administrative jurisdiction in relation to acts that are carried out in the course of their official work (Art. 37 Para. 3 WÜD, § 18 GVG). This includes activities that are unavoidable for the service or officially arranged events. It is unclear whether this also includes trips to and from daily duty.

This group of people does not have to pay any taxes or other charges on the salary received . In addition, such an employee is exempt from the provisions on social security (Art. 37 Para. 3 VÜD) and from the obligation to register under the Registration Act and obtain a residence permit (arg. Art. 10 Para. 1 Letter a) WÜD, § 1 Abs. 2 Nr. 2 and 3 AufenthG, § 23 Hess. Reporting Act and the corresponding provisions of the reporting laws of the other countries).

Family members of the service staff enjoy no privileges. Because of their close contact with a privileged person, however, they should be treated with extreme courtesy; any action against them should not be taken prematurely. In Germany, they are exempt from the requirement to obtain a residence permit ( Section 27 subs. 1 no. 2 AufenthV).

The private vehicles of the official house staff do not receive any special license plates, but ordinary civil license plates. However, you are to be assigned the license plate groups B-FA 1000 to B-FA 9999 for the seat in Berlin and the license plate groups BN-AA 1000 to BN-AA 9999 for the seat in Bonn.

Consular missions

Russian General Consulate in Munich

French general consulate in Frankfurt am Main

Sign of the Italian Consulate General in Cologne

Consular section of the US Embassy in Skopje , North Macedonia

French General Consulate in Houston , USA

Sign of the Danish Consulate in Munich

Originally, consuls were not primarily responsible for maintaining relations between the country of origin and the country of destination. In the Middle Ages, the merchants of a country of origin lived together abroad in large merchant colonies. Because of the personality principle still in force at the time, they were subject to the legal system of their home country. The consul was chosen by these merchants to settle disputes among themselves. For centuries, consuls exercised criminal and civil jurisdiction over their compatriots. However, a gradual change began in the 16th century. The consuls were no longer elected, but sent as official representatives of their rulers. Since the overriding principle of territoriality in the exercise of jurisdiction was seen as an inadmissible interference with the sovereignty of the host country, the tasks of the consul were shifted to representing the economic and commercial interests of the home country in the host country.

While the professional consular representations are increasingly approaching the status of diplomatic missions and diplomats from the sending state are deployed there, the old tradition of the merchant, who is endowed with sovereign functions, lives on in the honorary consulates: the office of honorary consul usually leads to serious ones Entrusted to business people who have made an outstanding contribution to the economic development of the relations between the sending state and the receiving state. The office is awarded on an honorary basis and is not remunerated by the country of origin. It is not uncommon for the honorary consulate to be housed in the business premises of the company that the honorary consul heads in his main occupation. Most honorary consuls, however, are - which is accepted under international law - nationals of the receiving state.

Consular officers traditionally have only limited privileges and immunities vis-à-vis the receiving state; they are usually limited to the official area of ​​activity.

Consular officers

Consular officers within the meaning of this section are consuls general , consuls , vice consuls , consular agents and other persons entrusted with the full-time performance of consular tasks (so-called professional consular officers ). Special regulations apply to honorary consular officers (see section Honorary consular officers ).

Career consular officers are not allowed to pursue any free occupation or commercial activity aimed at personal gain in the receiving state ( Art. 57 (1) WÜK). In Germany, this group of people receives a diplomatic ID with the code letter "K".

Career consular officers enjoy many of the privileges and privileges that diplomats have:

Inviolability of the mission building

The mission building of a career consulate ( consulate general , consulate ) is inviolable ( Art. 31 Para. 1 WÜK). The authorities of the receiving State may only enter the part of the consular premises used by the consular post for official purposes with the consent of the head of the consular post or a person appointed by him or the head of the diplomatic mission in the sending country. However, in the event of a fire or other disaster, if immediate protective measures are required, the consent of the head of the consular post can be presumed (Art. 31 para. 2 WÜK).

The inviolability of the consular post also includes the telephone connections used for work in the consulate, which may not be monitored even if the underlying suspicion relates to private acts that the sending state does not approve. The minutes of the conversations between two consular officers, which were conducted from a telephone line of the Consulate General with a social worker employed in a detention center , in order to spy out the confidential data of their own nationals imprisoned there, were not allowed to be used in criminal proceedings because eavesdropping on the telephone calls was contrary to Art. 31 para. 2 WÜK violated.

The receiving state has the special duty to take all appropriate measures to protect the consular premises from any intrusion or damage and to prevent the peace of the consular post from being disturbed or its dignity from being impaired (Art. 31 Para. 3 WÜK ).

According to the WÜK, the consular premises, their facilities, the property of the consular mission and their means of transport are only immune from any confiscation for purposes of national defense or the public good. If expropriation is necessary for such purposes , all appropriate measures will be taken so that the performance of consular duties is not hindered; adequate and effective compensation is paid immediately to the sending state (Art. 31 para. 4 WÜK). Despite the restrictive wording of Art. 31 Para. 4 WÜK, the prohibition of search , seizure, seizure or enforcement ( Art. 22 WÜD) applicable to diplomatic missions also applies accordingly to consulates .

Tax exemption for the consular post

The consular premises and the residence of the professional consular officer in charge of a consular post, which are owned, rented or leased by the sending State or a person acting for it, are exempt from all state, regional and municipal taxes or other charges , unless these are not are charged as remuneration for certain services ( Art. 32 Para. 1 WÜK). The tax exemption does not apply to taxes and duties that are payable by a person who has concluded contracts with the sending state or the person acting on its behalf (Art. 32 para. 2 WÜK).

Inviolability of the consular archives

The consular archives and documents are inviolable at all times, wherever they are ( Art. 33 WÜK).

Privileges and Immunities of Career Consular Officers

In addition, the following privileges and exemptions apply to career consular officers:

• Exemption from taxation ( Art. 49 Para. 1 WÜK),
• Measures to protect the health of the diplomat and the population,
• Exemption from customs duties and similar charges with regard to the import of personal items and customs controls ( Art. 50 Para. 1 WÜK),
• Freedom of movement ( Art. 34 WÜK),
• Exemption from the regulations on social security ( Art. 48 Para. 1 WÜK),
• Exemption from personal and public services ( Art. 52 WÜK),
• Exemption from the obligation to register a foreigner and a residence permit ( Art. 46 Para. 1 WÜK).

The following restrictions apply:

Exemption from jurisdiction in the official area

Professional consular officers only enjoy exemption from criminal, civil and administrative jurisdiction with regard to actions that they have undertaken in the performance of consular tasks ( Art. 43 WÜK; Section 19 GVG; so-called official immunity or functional immunity ). The term is to be understood broadly. It not only includes the actual official act, but also acts that are closely related to the official act in terms of subject matter and timing, e.g. B. trips to and from daily duty, trips to the airport to collect courier baggage, or trips to needy nationals of the sending country. There is no reference to the service on vacation or weekend trips.

Consular officers are not exempt from civil jurisdiction if the action was brought on the basis of a contract that the consular officer concluded without clearly acting on behalf of the sending state (so-called legal liability) or if the action is brought by a third party due to damage, which resulted from an accident caused by a land, water or air vehicle in the receiving country (e.g. traffic accident ) (Art. 43 para. 2 WÜK).

For acts that are officially carried out, the consular officer enjoys comprehensive protection from state interference. Consular officers are neither subject to the jurisdiction of the receiving state nor to interference by its administrative authorities due to acts that have been carried out in the performance of consular tasks (Art. 43 para. 1 WÜK). In the case of serious criminal acts and if there is a decision by the competent judicial authority, a proportionate coercive act can be justified, since the personal protection of the consular officer is not as comprehensive under international law as it is for diplomats (cf. Art. 41 Para. 1 WÜK).

Limited jurisdiction in the private sector

In the private sector, career consular officers are generally less protected than embassy staff. Except in the case of a serious criminal act , consular officers may neither be detained nor restricted in their personal freedom in any other way, unless in the enforcement of a legally binding judicial decision (Art. 41 para. 2 WÜK). If criminal proceedings are initiated against a consular officer , he must appear before the competent authorities. However, the proceedings are to be conducted with the consideration due to his official position and, except in the case of a serious criminal offense , in a manner that interferes with the performance of consular duties as little as possible. Has it become necessary in the case of a serious offense, a consular officer in custody to take, as is the case against him in the shortest possible time to initiate (Art. 41 para. 3 VCCR).

The court dealing with the detention review decides what a serious criminal act is .

If a member of the consular staff is arrested, taken into custody or if criminal proceedings are initiated against this member, the receiving State must immediately notify the head of the consular post. If the latter himself is affected by one of the measures mentioned, the receiving state must notify the sending state through diplomatic channels ( Art. 42 WÜK).

When driving off-duty in road traffic, the consular officer is subject to criminal prosecution or fine proceedings. However, alcohol tests can only be carried out if there is a serious criminal offense . In the case of unconsequential drunk driving , which is punished with a moderate fine in the case of first access in Germany, this is generally not to be assumed. However, a different assessment may be required in other countries. The disqualifications associated with a private journey inevitably affects the official's responsibilities and is therefore not permitted.

In state practice, the status of consular officers in non-official behavior approaches the status of diplomats despite the WÜK's lagging behind diplomatic protection. In any case, coercive measures are not allowed if the custodial measure is not allowed, i.e. if there is no serious criminal act. In any case, the consular officer must be treated with particular courtesy.

No inviolability of a consular officer's private home

The private homes of members of the consular posts, including the head, do not enjoy the privilege of inviolability.

Testimony in court

Company vehicle of a professional consulate in Frankfurt am Main

Members of a consular post can be summoned as witnesses in court or administrative proceedings ( Art. 44 Para. 1 WÜK). However, they are not obliged to give testimony on matters related to the performance of their duties or to submit the relevant official correspondence and documents (Art. 44 Para. 3 WÜK). In addition, the consular officer can also refuse to give a certificate in the private sphere (arg. Art. 44 Paragraph 1 Sentence 2 WÜK). If a consular officer refuses to testify, no coercive or punitive measures may be taken against him.

Family members of career consular officers

The family members of career consular officers enjoy exemption from taxation and customs duties ( Art. 50 Para. 1 Letter b WÜK), from personal services and requirements, as well as from the obligation to register foreigners and residence permits ( Art. 46 Para. 1 WÜK) and from the social regulations Security (Art. 48 Para. 1 WÜK). In contrast to the career consular officer ( Art. 57 para. 1 WÜK), family members may pursue private gainful employment, but in this respect do not enjoy any privileges (Art. 57 para. 2 WÜK).

Family members have no further privileges. Political diplomacy in an embassy, ​​however, may require - even if there is no claim under international law - to grant family members the same personal inviolability in their private sphere as the consular officer himself.

Family members of consular officers in Germany receive a diplomatic ID with the code letter "KF".

In Germany, the service and private vehicles of the career consular officers are to be registered at the headquarters of the representation. You will receive a label with the distinctive sign of the registration area. This distinguishing sign is immediately followed by a three to five-digit number (e.g. F-9250 for a vehicle registered in Frankfurt am Main). Passenger cars must also be equipped with an elongated oval additional sign. For technical details →  main article diplomatic license plate (Germany) . The family members' private vehicles do not have any special license plates.

Administrative and technical staff at consulates

The radio telex device Piccolo, used until 1993 in the diplomatic service of the Foreign Office of Great Britain

Members of this group of people are clerks , ciphers , translators and typists from the consular institution. In Germany, this group of people receives a diplomatic ID with the code letter "VK".

Administrative and technical staff enjoy the same immunity (limited vis-à-vis diplomats) as consular officers with regard to their official duties. There is no immunity with regard to private employment of administrative and technical staff (Art. 57 Para. 2 WÜK).

In the private sphere, they are also not entitled to any privileges, so that coercive measures may generally be carried out. The Foreign Office advises, however, to assume the same personal inviolability in the private sphere as consular officials, also for family members, out of diplomatic political considerations.

With regard to the other freedoms, the regulations applicable to consular officers apply with the following exceptions:

• Duty-free applies provided that only the first import of personal items is exempt from customs duties, taxes and similar charges (Art. 50 Para. 2 WÜK),
• In contrast to consular officers, personal luggage is subject to control (arg. Art. 50 Para. 3 WÜK).
• The right to refuse to testify does not exist for the private sector; In this respect, coercive measures can be carried out (arg. Art. 44 Paragraph 1 and Paragraph 3 WÜK).

The family members of the administrative and technical staff enjoy the same privileges and exemptions as the family members of the consular officers with the restriction that they are not granted duty-free exemption for imported private items (arg. Art. 50 para. 2 WÜK) and their luggage is subject to customs control ( arg. Art. 50 para. 3 WÜK). They do not have the right to refuse to testify in court. Family members of administrative and technical staff in Germany receive a diplomatic card with the code letter "KF".

Private vehicles of the administrative and technical staff are to be registered in Germany at the seat of the representation and are given a registration number with the distinguishing mark of the registration area. This distinguishing sign is immediately followed by a three to five-digit number (e.g. F-9250 for a vehicle registered in Frankfurt am Main). No elongated oval CC additional plate may be attached to these vehicles. For technical details → main article diplomatic license plate (Germany) . The family members' private vehicles do not have any special license plates.

Domestic staff at consulates

Driver in the diplomatic service of Chile in Poland.

Members of the official house staff are z. B. drivers , porters , messengers , gardeners , cooks and night watchmen . In Germany, this group of people receives a diplomatic ID with the code letter "DH".

This group of people is exempt from the obligation to obtain a work permit , social security regulations , taxes and other charges on their salaries, and personal and public services. However, the privileges cannot be used in relation to private employment ( Art. 57 Para. 2 WÜK). With regard to a right to refuse to testify , the same applies as for consular officers; If the member of the domestic staff refuses to give a statement, coercive measures can be carried out (Art. 44 Paragraph 1 and Paragraph 3 WÜK).

The domestic staff of consular representations do not enjoy any more privileges. But out of political considerations in the diplomatic mission, the Federal Foreign Office recommends protecting the personal inviolability of domestic staff and their family members in the private sphere as well as that of consular officers. However, there is no entitlement to this.

The obligation to obtain a residence permit can be waived if reciprocity exists ( Section 27, Subsection 1, No. 1 or 2 of the Residence Ordinance).

Family members of the service staff enjoy no privileges, but due to their close relationship with a privileged person, they are to be treated with special courtesy and measures should not be taken hastily. Family members of domestic staff at consulates in Germany receive a diplomatic ID with the code letter "KF". In Germany, they are also exempt from the requirement to obtain a residence permit if reciprocity exists (Section 27 subs. 1 no. 1 or 2 AufenthV).

In Germany, the regulations applicable to administrative and technical staff (see above) must be applied to the labeling of private vehicles used by domestic staff.

Assistants at embassies and consulates

Local staff

These are employees of a foreign representation ( embassy or consulate ) who are recruited on the local labor market and who are not subject to rotation, i.e. who are generally not replaced by other people after a certain period of time. You either have the nationality of the receiving country or have a national residence permit that allows employment. Personnel who have the nationality of the sending country can also be local employees (so-called fake local employees ). In Germany, this group of people and their family members receive a diplomatic ID with the code letter "OK".

The WÜD and the WÜK do not mention the concept of local force. Therefore, neither real nor fake local workers have any privileges as they are legally regarded as permanent residents in the receiving state. However, the receiving state may not exercise its powers vis-à-vis local staff in such a way that it unduly hinders the mission in the performance of its tasks ( Art. 38 Para. 2 VÜD and Art. 71 Para. 2 WÜK). The receiving state determines the scope of the privileges of employees who either have the nationality of the receiving state or who are permanently resident there.

The private motor vehicles of local staff in Germany receive normal civilian license plates.

Private domestic staff

This includes personal domestic workers , drivers , educators and other staff. In Germany, this group of people receives a diplomatic ID with the code letter "PP". The private domestic staff of members of diplomatic missions do not have to pay any taxes or duties on their salaries (Art. 37 Para. 4 VCDR). It is exempt from the work permit requirement as well as the regulations on social security insofar as it is subject to the regulations on social security applicable in the sending state or in a third state (Art. 33 para. 2 VÜD). As far as reciprocity exists, it is also exempt from the residence permit requirement (in Germany according to Section 27 Paragraph 1 No. 3 of the Residence Ordinance). He is not entitled to any further privileges. However, the receiving state may only exercise its sovereignty over these persons in such a way that it does not unduly obstruct the mission in the performance of its tasks (Art. 37, Paragraph 4, Sentence 3, VCDR).

The private domestic staff of members of consular missions are subject to tax exemption - not under the WÜK, but under national law (in Germany under Section 3 No. 29 EStG) - with regard to their salaries , provided they are citizens of the sending state. This does not apply to persons who are permanently resident in Germany or who exercise a profession, trade or other profitable activity outside of their office or service. The private domestic staff of members of consular posts do not need a work permit for their work . However, this does not apply to legitimate private employment ( Art. 47 Para. 2 WÜK). Private domestic staff is also exempt from the social security regulations, provided that they are subject to the social security regulations applicable in the sending state or a third state ( Art. 48 (2) WÜK). It is exempt from the residence permit requirement if reciprocity exists (in Germany according to Section 27 Paragraph 1 No. 3 AufenthV).

In Germany, family members are not allowed to join private household staff.

In Germany, the motor vehicles of private domestic staff are given normal civil license plates.

Other household members

This group of people includes other people who live in the household of a member of a diplomatic or professional consular mission and who have already done so before his or her posting to the receiving state or who do so now with consideration of a legal or moral obligation. The consent of the receiving state is required for this status to be granted.

This includes, above all, the foreign companions of the diplomatic or professional consular staff posted, as well as male relatives of female diplomats or consular officers who, in accordance with the societal propriety of Islamic countries, tend to accompany these female delegates.

In Germany, this group of people receives a diplomatic ID with the code letter "S". There are no diplomatic privileges associated with this status; However, this group of people is exempt from the residence permit requirement in Germany according to Section 27 Paragraph 1 No. 5 AufenthV. The ID entitles you to travel up to 90 days to the rest of the Schengen area . If reciprocity has been agreed, this group of people can also take up self-employed or salaried employment in Germany (Section 27 subs. 2 Residence Ordinance).

Honorary Consular Officers

Honorary Consulate of Uruguay in Frankfurt am Main

In Germany, the state and senate chancelleries issue white special ID cards in credit card format for honorary consular officers.

Honorary consular officers include honorary consuls general and honorary consuls . The honorary consular officers usually have the nationality of the receiving state or are permanently resident there. They only enjoy exemption from jurisdiction (immunity) and protection from sovereign measures (personal inviolability) because of their official acts carried out in the performance of consular tasks ( Art. 71 Para. 1 WÜK). This so-called official immunity is closer than the official immunity due to the career consular officer and includes only the official act itself, but not other actions - still covered by the official immunity - that are only closely related to the actual official act (e.g. trips to and from service).

The foreign honorary consular officer who is not already resident in the receiving state when taking over the office, on the other hand, enjoys official immunity like a career consular officer. He will be delivered from

• the obligation to register for foreign nationals and a residence permit, insofar as the honorary consul does not exercise a professional or commercial activity in the receiving country that is aimed at personal gain (see Art. 65 WÜK)
• the taxation with regard to his remuneration, which he receives for his official activity ( Art. 66 WÜK),
• personal services and requirements ( Art. 67 WÜK).

granted.

Honorary consuls (foreign as well as German) enjoy neither exemption from jurisdiction nor protection from sovereign measures for unofficial acts. However, it is advisable to conduct criminal proceedings in such a way that the performance of consular tasks is as little as possible ( Art. 63 and Art. 71, Paragraph 1, Clause 3 WÜK).

The premises of an honorary consular representation - this is often in the business premises of the private company in which the honorary consul works full time - do not enjoy the privilege of inviolability; it can therefore be entered by the authorities of the receiving state. Honorary consular archives and documents in a consular post run by an honorary consular officer are only inviolable insofar as they are kept separate from other papers and documents, in particular from private correspondence as well as from objects, books or documents relating to the profession or trade refer to ( Art. 61 WÜK).

With regard to the right to refuse to testify in court, the same applies as for consular officers (Art. 58 Paragraph 2 and 71 Paragraph 1 Clause 1 in conjunction with Art. 44 Paragraph 3 WÜK).

The family members of honorary consular officers do not enjoy any privileges ( Art. 58 Para. 3 WÜK).

Honorary consular officers are accredited by the Federal Foreign Office in Germany, but do not receive a diplomatic card. You will be issued with a special ID by the state and senate chancelleries of the federal states (see adjacent figure).

The vehicles of honorary consular officers in Germany are given the usual civil registration numbers. On the basis of Section 10, Paragraph 11 of the Vehicle Registration Ordinance (FZV), an honorary consul can be authorized to use the additional plate on a single passenger vehicle that is personally registered or used exclusively by him. This regulation applies to all honorary consuls regardless of nationality.

Couriers and courier luggage

Specially marked diplomatic baggage may not be opened by the authorities of the receiving country.

According to Art. 27 VÜD and Art. 35 WÜK, the receiving state must allow and protect the free movement of the mission and the representation for all official purposes. The Mission is permitted to use diplomatic couriers in communication with its government and its other missions and consulates in addition to sending encrypted messages. All official correspondence from the Mission and the Consulate is inviolable.

Items of luggage that make up courier luggage must be clearly marked as such on the outside; they may only contain diplomatic or consular documents or items intended for official use (Art. 27 Para. 4 VÜD, Art. 35 Para. 4 WÜK).

Control of courier and courier baggage

The diplomatic bag (this includes not only items of luggage such as suitcases and bags, but also larger cargo such as boxes) may not be opened or detained. Screening and identification of the content by electronic means are also not permitted. In the international community, however, there seems to be agreement on the use of dogs in suspected drug smuggling with diplomatic luggage. Only in cases of urgent suspicion of particularly serious misuse of the courier baggage may an examination ( screening ) be requested in extreme emergencies in the presence of an embassy member . In Germany, instructions from the Foreign Office must have been obtained beforehand and a comprehensive weighing of interests must have been made with the result that it is a justifiable state of emergency . If the sending state refuses to check, only a return to the place of origin is possible. A different reaction is only possible in the case of life-threatening threats.

In the Dikko case , the former Nigerian Transport Minister Umaru Dikko , who lived in exile in London, was kidnapped on July 5, 1984. He was supposed to be brought back to his home country in a wooden box that was handed out as diplomatic baggage , where he was awaiting criminal proceedings for accepting bribes and manipulating elections . The British authorities suspected that the box was opened at London Stansted Airport in the presence of an attaché from the Nigerian embassy . Inside were the unconscious Dikko and another man who was supposed to permanently anaesthetize him with syringes during the flight. Great Britain took the position that the paramount protection of human life took precedence over the inviolability of diplomatic baggage.

In the case of consular courier baggage , however, it can be opened by an authorized, i. H. Appropriately designated representatives of the sending state are required in the presence of a representative of the authorities of the receiving state if there are valid reasons to assume that the consular courier baggage does not only contain official correspondence or documents or objects intended for official use. If the authorities of the sending country refuse this request, the luggage must be returned. Forced opening is not permitted.

Couriers

The diplomatic courier must carry an official document with him, from which his position ("courier ID") and the number of pieces of baggage that make up the diplomatic baggage can be seen; he is protected by the receiving state in the performance of its tasks. He enjoys personal inviolability and is not subject to arrest or detention of any kind (Art. 27 Paragraph 5 VCDR, Art. 35 Paragraph 5 WÜK). The privilege begins with the arrival, extends to intermediate stays in third countries in accordance with Art. 40 Paragraph 3 VCDR , remains in place during the stay in the receiving country and only ends with the return to the sending country.

The inviolability of his person gives the courier a right to refuse a body search during security checks at airports . However, it is not possible for him to achieve an uncontrolled passage based on his special status. If the courier relies on his diplomatic status to justify his refusal, he will be advised that he will be excluded from carriage if he does not voluntarily submit to the identity control and the control of his personal baggage (but not the control of official courier baggage). If the courier maintains his refusal, he will not be allowed to pass the checkpoint.

If couriers are diplomats or consular officers, they enjoy an exemption from checking their personal luggage. This does not include the exemption from aviation security checks. An exemption from aviation security checks only applies to courier baggage.

Ad hoc couriers

The sending state or the mission or representation can appoint couriers on an ad hoc basis. In these cases, too, the ad hoc courier must be able to identify himself by means of a document and be able to present documents stating the number of items of luggage. The immunity expires as soon as the courier has handed over the luggage entrusted to him to the recipient (Art. 27 Para. 6 VÜD, Art. 35 Para. 6 WÜK).

Flight captains or ship captains as couriers

Courier baggage can also be entrusted to the commander of a commercial aircraft or the captain of a sea-going vessel whose destination is an approved airport or port of entry. The commanding officer and the captain must have an official document with them stating the number of pieces of baggage that make up the courier baggage; however, neither are considered diplomatic or consular couriers.

Handover modalities in the receiving country

The mission can send one of its members to receive the courier baggage directly and unhindered from the commander or captain. With regard to consular courier luggage, this only applies if an agreement has been made with the responsible local authorities in advance. The dispatched member of the mission must not be prevented from accepting the courier baggage (Art. 27 Para. 7 WÜD, Art. 35 Para. 7 WÜK).

Special ambassador

The 1969 Convention on Special Missions regulates the appointment of so-called special ambassadors , also known as ad hoc ambassadors , who are sent there by a state with the consent of the receiving state to negotiate special issues or to carry out a special assignment ( crisis management ) , which has so far only been ratified by around 40 countries, including Austria , Switzerland and Liechtenstein , but not by Germany . The overwhelming majority of states reject the convention, among other things because they fear that they will be covered with special ambassadors.

A special envoy and his companion enjoy diplomatic immunity and the other privileges of diplomats (Art. 27 ff. Of the Convention). Your accommodation enjoys the status of a mission site and is therefore inviolable (Art. 25 of the Convention). Special ambassadors can also be appointed for states with which the sending state does not have diplomatic relations (Article 7 of the Convention).

Whether the content of the convention also binds those states that have not yet ratified it depends on whether its content can be assigned to customary international law. This is assessed differently in the literature on international law. In the then sensational case of the Iranian special envoy Sadegh Tabatabai , in whose luggage drugs were found when entering Germany in January 1983 and who was subsequently declared a special envoy by Iran , the Federal Court of Justice ruled that ...

"[...] - regardless of the Convention - there would be a customary law rule based on state practice with legal conviction, according to which it is possible to send ad hoc ambassadors who have been given a special political task by the sending state through individual consultation with the receiving state about this task and about to grant immunity to their status and in this way to equate them to the members of the permanent missions of the states - protected under international treaty law. "

The example makes it clear that the prior consent requirement can easily be circumvented by creating a fait accompli and the receiving state is required to give consent retrospectively in order not to burden relations with the sending state.

Members of international organizations

International organizations and their servants enjoy privileges and immunities to varying degrees.

Employees of international organizations , supranational organizations and intergovernmental institutions and their family members are granted privileges and immunities in accordance with international agreements and the relevant domestic regulations (in Germany according to Section 20 (2) GVG). They are designed differently depending on the organization.

In Germany, this group of people receives a diplomatic ID with the code letter "IO". Those persons who also enjoy personal immunity (in some cases the heads of international organizations) receive a diplomatic card with the code letter "D".

As a rule, beneficiaries are

• Representatives of the Member States and their family members,
• Employees of international organizations and their family members,
• the experts working on behalf of the organizations concerned.

Under certain conditions, participants in congresses , seminars or similar events of the United Nations , its specialized agencies or the organizations created by intergovernmental agreements under the umbrella of the United Nations are also eligible. This also applies to a limited extent to participants who are citizens of the receiving country.

The service law of employees of international organizations, also known as international service law , is subject to the internal law of the respective organization ( see for example: the United Nations service law called the Common System and European service law ). The organization also enjoys immunity from its employees, international officials. International administrative courts were set up, including the administrative court of the International Labor Organization , so as not to render the employees unlawful .

The Federal Foreign Office has compiled an overview of some of the institutions accredited in Germany , which is regularly updated. There are similar - also incomplete - compilations of the international organizations for Austria and Switzerland.

United Nations, subsidiary bodies and specialized agencies

Entrance to the UN facilities in Bonn

The privileges and immunities for the representations of the United Nations are based on Article 105, Paragraph 1 of the Charter of the United Nations . In addition, the employees of the member states who are active in the permanent representations at the UN in New York , Geneva and Vienna enjoy privileges and immunities based on Art. 105 (2) of the Charter. On the basis of Article 105, Paragraph 3 of the Charter, several agreements have been adopted, but not all states have acceded to them. Above all, the Convention of February 13, 1946 on the privileges and immunities of the United Nations , which around 150 countries, including Germany , Liechtenstein , Austria and, since 2012, Switzerland , have ratified, should be mentioned here. This agreement regulates the immunities of the main organs of the United Nations and its subsidiary organs , e.g. B. UNHCR , UNICEF and UNU , but not their specialized agencies.

For the currently 17 specialized agencies of the United Nations -  FAO , IBRD , ICAO , IDA , IFAD, IFC , ILO , IMF , IMO , ITU , UNESCO , UNIDO , UPU , WHO , WIPO and WMO  - the agreement of November 21, 1947 on the Privileges and exemptions of the special organizations of the United Nations , which so far only around 115 states - and thus not always with validity for all of the 17 organizations - apply, including Germany, Austria and Switzerland, but not Liechtenstein.

In addition, several come headquarters agreement (also headquarters agreement , Eng. Headquarters agreement called) of the United Nations and its specialized agencies with the States in which each organization is located. Such agreements are particularly important for Switzerland, which does not apply the agreements of 1946 and 1947. In Germany, too, the seat state agreement for the UN volunteer program of November 10, 1995 , which specifies and expands the provisions of the 1946 agreement and the WÜD, has also existed for the increased settlements of the United Nations in Bonn since 1996 .

According to the 1946 agreement, UN assets enjoy immunity (Section 2). Their premises (section 3) and their archives (section 4) are inviolable and are not subject to search, confiscation, confiscation or expropriation. The UN enjoy the free movement of money and capital (Section 5). The UN enjoy tax and customs exemption and exemption from all import and export restrictions (Section 7). Indirect taxes are to be reimbursed to the UN by the host country if possible (Section 8). With regard to communications, the UN has the same rights as a foreign mission in the host state. Official communications are not subject to censorship (Sections 9 and 10).

The representatives of the members of the main and subsidiary organizations of the UN enjoy diplomatic immunity with regard to their official acts (Section 11), even after their activities have ended (Section 12). Your personal baggage is subject to the same immunities and exemptions as diplomatic baggage. They are only granted duty-free freedom with regard to their personal luggage; They are not entitled to exemption from consumption taxes and sales taxes. Easements with regard to currency and foreign exchange restrictions are to be granted to them to the same extent as to official representatives of foreign governments (Section 11).

Section 14 makes it clear that the privileges and immunities are granted to the representatives of the members not for their personal gain, but for the purpose of ensuring the independent performance of their duties in the organization. As a result, a member is not only entitled, but obliged, to waive his representative's immunity in all cases where in the member's opinion it would prevent justice from being served and in which it would do so without prejudice to the purpose for which it was granted , can be canceled. Section 15 makes it clear that immunity does not apply in the relationship of a representative to the authorities of the state of which he is a national. Crimes that are committed during official activity can therefore be prosecuted at any time by the state of which the perpetrator is a national.

In more recent agreements, a “ban on the granting of refuge” is increasingly agreed with regard to offenders fleeing to the mission site (sometimes also called diplomatic asylum ). The international organization may not grant refuge to third parties who have gone to the mission site to avoid persecution by the authorities of the country in which they are located.

The UN Secretary General determines which UN officials are covered by the Convention (Section 17). The UN staff

• enjoy immunity from jurisdiction with regard to the acts they perform in their official capacity,
• are exempt from all taxes on salaries paid by the UN,
• enjoy exemption from all immigration restrictions and the obligation to register foreigners for themselves, their spouses and the family members they support,
• enjoy the same privileges with regard to foreign exchange facilitation as employees of comparable rank who belong to diplomatic missions accredited to the government concerned,
• enjoy the same repatriation facilities for themselves, their spouses and the family members they support in times of international crisis as diplomatic representatives and
• are entitled to import their furniture and personal effects duty-free when they take office for the first time in the country concerned (Section 18).

The UN Secretary General and all assigned Secretary General also enjoy the privileges, immunities, exemptions and facilities granted to diplomatic representatives under international law for themselves, their spouses and minor children (Section 19). You thus enjoy personal immunity , also for actions outside of the official area.

Section 20 states that privileges and immunities are granted to servants only in the interests of the United Nations and not for their personal gain. The Secretary-General has the right and the obligation to waive the immunity granted to an official in any case where the Secretary-General believes it would prevent justice from being served and where it can be waived without prejudice to the interests of the Organization. The Security Council may waive the Secretary-General's immunity . According to Section 21, the UN is working with the authorities of the member states to facilitate the orderly administration of justice, ensure compliance with police regulations and prevent any abuse of privileges, immunities and facilities.

In addition to the UN employees, UN experts also enjoy privileges and exemptions (Section 22).

The 1947 Agreement grants comparable privileges, immunities and immunities to the UN specialized agencies. The agreement also grants the managers and their representatives personal immunity for off-duty activities (Section 21). In addition to the 1946 Agreement, it contains provisions on how to proceed in the event of abuse of privileges and exemptions (Sections 24 and 25).

However, in the case of the French diplomat Strauss-Kahn , arrested in New York on charges of sexual assault and attempted rape , who at the time was executive director of the International Monetary Fund in Washington, DC , a specialized agency of the United Nations, the 1947 agreement was not applicable as the USA is not a signatory. With regard to the USA, the earlier agreement on the International Monetary Fund from July 1 to 22, 1944 ( Federal Law Gazette 1952 II p. 637 ), to which the USA has acceded, applies to the employees of the IMF . Art. IX, Section 8 of this, only grants the officials and employees of the Fund immunity from the jurisdiction of the receiving state with regard to acts which they have carried out in their official position. The incident in the hotel room . happened in the private sphere of Strauss-Kahn on a private trip for which he was not entitled to immunity, so that the American authorities were allowed to investigate him and also to take Strauss-Kahn into custody.

The following institutions of the United Nations in Germany, including its specialized agencies, should be mentioned:

International Tribunal for the Law of the Sea in Hamburg

UNESCO Institute for Lifelong Learning in Hamburg

• The United Nations High Commissioner for Refugees - Representation for Germany and Austria (UNHCR) , Berlin,
• United Nations Volunteer Program (UNV), Bonn,
• International Labor Organization (ILO) - Representation in Germany, Berlin,
• International Finance Corporation - The World Bank Group (IFC) - Office in Germany , Frankfurt am Main,
• International Strategy for Disaster Risk Reduction of the United Nations - Platform for the Promotion of Early Warning (UN / ISDR-PPEW), Bonn,
• International Tribunal for the Law of the Sea (ISGH), Hamburg,
• International Center for Vocational Education and Training of UNESCO (UNESCO-UNEVOC), Bonn,
• United Nations platform for space-based information for disaster management and emergency response (UNOOSA / UN-SPIDER), Bonn
• Program for capacity development within the framework of the United Nations Water Decade (UNW-DPC), Bonn,
• United Nations Regional Information Center for Western Europe - Liaison Office in Germany (UNRIC), Bonn,
• Secretariat of the study "The Economics of Ecosystems and Biodiversity" (UNEP-TEEB), Bonn,
• Secretariat of the Agreement for the Conservation of African-Eurasian Migratory Waterfowl (UNEP / AEWA), Bonn,
• Secretariat of the Agreement for the Conservation of European Bat Populations (UNEP / EUROBATS), Bonn,
• Secretariat of the Agreement for the Conservation of Small Whales in the North and Baltic Seas, the Northeast Atlantic and the Irish Sea (UNEP / ASCOBANS), Bonn,
• Secretariat of the United Nations Framework Convention on Climate Change (UNFCCC), Bonn,
• Secretariat of the United Nations Convention to Combat Desertification (UNCCD), Bonn,
• Secretariat of the Convention for the Conservation of Migratory Wildlife Species (UNEP / CMS), Bonn,
• UNESCO Institute for Lifelong Learning (UNESCO-UIL), Hamburg,
• United Nations University - Institute for Environment and Human Security (UNU-EHS), Bonn,
• United Nations University - International Program on the Social Dimension of Global Environmental Change (UNU-IHDP), Bonn,
• United Nations University - Vice Rectorate in Europe (UNU-ViE), Bonn,
• World Bank , Berlin Office,
• United Nations World Food Program (WFP) - Berlin Liaison Office,
• World Health Organization - Regional Office for Europe, European Center for Environment and Health (WHO-ECEH), Bonn,
• World Tourism Organization - Advice Center for Biodiversity and Tourism for Countries Affected by the Tsunami (UNWTO), Bonn.

UN institutions in Austria are:

UN City in Vienna

• United Nations Office in Vienna (UNOV), Vienna,
• The High Commissioner for Refugees (UNHCR), Vienna,
• United Nations Conference on Trade and Development (World Trade Conference), Vienna,
• UNCITRAL , Vienna,
• United Nations Organization for Industrial Development (UNIDO), Vienna,
• Preparatory Commission for the Organization of the Comprehensive Nuclear-Test-Ban Treaty (CTBTO), Vienna,
• World Bank - International Bank for Reconstruction and Development (IBRD), Vienna,
• World Bank - Investment Climate Department of the World Bank Group (ICD), Vienna.

The following UN institutions exist in Switzerland :

United Nations Office in Geneva

• United Nations Office in Geneva (UNOG), Geneva ,
• International Labor Organization (ILO), Geneva,
• International Telecommunication Union (ITU), Geneva,
• International Bureau of Education / United Nations Organization for Education, Science and Culture (UNESCO-IBE), Geneva,
• World Health Organization (WHO), Geneva,
• World Intellectual Property Organization (WIPO), Geneva,
• World Meteorological Organization (WMO), Geneva,
• Universal Postal Union (UPU), Bern .

European Union

European Central Bank in Frankfurt am Main

For the activities of the employees of the European Union diplomatic privileges and exemptions according to Art. 343 of the Treaty on the Functioning of the European Union (TFEU) i. V. m. the seventh Protocol on the Privileges and Immunities of the European Union .

According to this, the premises of the Union are inviolable like an embassy (Art. 1). The same applies to their archives (Art. 2). The Union is exempt from all direct taxes of the Member States. In accordance with national law, indirect taxes paid are reimbursed by the Member States (Art. 3). With regard to the objects intended for official use, there is an exemption from all customs duties and import and export bans (Art. 4). The Union has the same rights as diplomatic missions for the transmission of communications (Art. 5).

Members of the European Parliament are not subject to travel restrictions to the meeting place. When it comes to customs clearance and exchange control, they receive the same privileges from their own country as senior officials who travel abroad on an official basis, and with regard to the host country the same facilities that are officially granted to foreign government representatives (Art. 7). They may not be investigated because of a statement or vote made in the exercise of their office, nor may they be arrested or prosecuted (Art. 8). During the session of the parliament, the members of parliament are entitled to the inviolability granted to the members of parliament there ( parliamentary immunity ) in their own state , whereas they cannot be detained or prosecuted in the host country (Art. 9).

The representatives of the member states of the Union who take part in the work of the institutions of the Union are entitled to the usual privileges, exemptions and facilities during the exercise of their duties and on the way to and from the venue (Art. 10).

Union officials are entitled to exemption from jurisdiction in the territory of each Member State in relation to the acts they perform in their official capacity, but not in relation to liability towards the Union or in relation to the jurisdiction of the European Court of Justice . The exemption continues to apply after the termination of their official duties. They may import their personal belongings, their home furnishings and their motor vehicle duty-free and export them again after their work has ended (Art. 11). Your salaries paid by the Union are only subject to taxation by the Union, not to taxation by the Member States (Art. 12).

The state in whose territory the seat of the Union is located (Belgium) grants the representatives of third countries certified by the Union the usual diplomatic privileges and immunities (Art. 16).

The privileges, immunities and facilities are granted to officials and other servants of the Union solely in the interests of the Union. Each institution of the Union must revoke the exemptions of a member of staff if it does not consider this to be contrary to the interests of the Union (Article 17).

The President of the European Council , Members of the Commission and the European Court of Justice have the same privileges and immunities as Union officials (Articles 19 and 20). The employees of the EIB and the ECB also enjoy privileges and immunities (Articles 21 and 22).

Permanent institutions of the European Union in Germany are:

• European Aviation Safety Agency (EASA), Cologne ,
• European Central Bank (ECB), Frankfurt am Main .

In Austria there are:

• European Union Agency for Fundamental Rights (FRA), Vienna,
• European Energy Community, Vienna,
• European Investment Bank (EIB), Vienna office.

Intergovernmental bodies

Festival of the Franco-German Youth Office in Berlin

ESOC / ESA main entrance in Darmstadt

OPEC building in Vienna

Headquarters of the OSCE in the Vienna Hofburg

International Federation of National Red Cross and Red Crescent Societies, Geneva

International Union for the Conservation of Nature and Natural Habitats, Gland

The prerogatives of the intergovernmental institutions and their employees are based on the respective international agreements, which are structured very differently. The spectrum ranges from equal treatment with diplomats to official immunity . In general, prerogatives are limited to the inviolability of the premises of the intergovernmental body, the freedom from customs and taxes of the body, and the immunity of its servants for acts carried out in the exercise of their official functions.

Examples of intergovernmental institutions based in Germany include:

• Asian Development Bank (ADB), European Office (ERO), Frankfurt am Main ,
• Office of the League of Arab States , Berlin ,
• Franco-German Youth Office (DFJW), office in Germany, Berlin,
• German-Polish Youth Office (DPJW), Potsdam office ,
• European Organization for the Use of Meteorological Satellites (EUMETSAT), Darmstadt ,
• European Organization for Astronomical Research in the Southern Hemisphere (ESO), Garching near Munich ,
• European Astronaut Center (ESA / EAC), Cologne,
• European Molecular Biology Laboratory (EMBL), Heidelberg ,
• European Patent Office (EPA), Munich and Berlin,
• European Operations Center for Space Research (ESA / ESOC), Darmstadt,
• Joint Organization for Armaments Cooperation (OCCAR), Bonn ,
• International Organization for Renewable Energies - Innovation and Technology Center (IRENA / IITC), Bonn,
• International Organization for Migration (IOM), liaison office at the government of the Federal Republic of Germany, Berlin and Nuremberg ,
• NATO EF 2000 and Tornado Development, Production and Logistics Management Agency (NETMA), Unterhaching ,
• Organization for Economic Cooperation and Development (OECD) Berlin Center, Berlin.

The following intergovernmental institutions exist in Austria :

• Alpine Convention , Innsbruck ,
• European Space Agency (ESA), Vienna,
• European Foreign Language Center (ECML), Graz ,
• European Patent Office (EPO) - Vienna Office,
• Council of Europe - Vienna Office,
• InterAction Council , Secretariat Vienna,
• International Anti-Corruption Academy (IACA), Laxenburg ,
• International Atomic Energy Agency (IAEA), Vienna,
• International Commission for the Protection of the Danube (ICPDR / IKSD), Vienna,
• International Institute for Applied Systems Analysis (IIASA), Laxenburg,
• International Center for Migration Policy Development (ICMPD), Vienna,
• Joint Vienna Institute (JVI), Vienna,
• OPEC Fund for International Development (OFID), Vienna,
• Organization of Petroleum Exporting Countries (OPEC), Vienna,
• Organization for Security and Cooperation in Europe (OSCE), Vienna,
• OSCE Parliamentary Assembly (OSCE PA), Vienna Liaison Office,
• Wassenaar Agreement for Export Controls of Conventional Weapons and Dual-Use Goods and Technologies (WA), Vienna.

In Switzerland , the status of international organizations is based on the agreements concluded with them. The National Host State Act (GSG) of June 22, 2007 lays down the domestic requirements under which Switzerland grants international institutions privileges, immunities and facilities and grants financial contributions. Based on this, an implementation ordinance (host state ordinance - V-GSG) was issued on December 7, 2007. Both standards came into force on January 1, 2008.

Switzerland is the seat of the following intergovernmental institutions:

• International Trade Information and Cooperation Agency (ACICI), Geneva ,
• Bank for International Settlements (BIZ), Basel ,
• Advisory Center for WTO Law (ACWL), Geneva,
• European Free Trade Association (EFTA), Geneva,
• European Organization for Nuclear Research ( CERN ), Geneva,
• Global Fund to Fight AIDS, Tuberculosis and Malaria (GFATM), Geneva,
• International Federation of National Red Cross and Red Crescent Societies (FISCR), Geneva,
• International Organization for Migration (IOM), Geneva,
• International Organization for Civil Protection (ICDO), Geneva,
• International Union for the Protection of New Varieties of Plants (UPOV), Geneva,
• International Office for Textiles and Clothing (BITH), Geneva,
• International Committee of the Red Cross (ICRC), Geneva,
• Inter-Parliamentary Union (IPU), Geneva,
• South Center, Geneva,
• Court of Conciliation and Arbitration within the OSCE (Cour OSCE), Geneva,
• World Trade Organization (WTO), Geneva,
• Intergovernmental Organization for International Rail Traffic (OTIF), Bern .

Switzerland has concluded a fiscal agreement with the following quasi-governmental organizations:

• International Electrotechnical Commission (IEC), Geneva,
• International Aviation Telecommunications Society (SITA), Geneva Office,
• International Organization for Standardization (ISO), Geneva,
• International Union for the Conservation of Nature and Natural Habitats (IUCN), Gland ,
• International Air Transport Association (IATA), Geneva Office,
• International Airport Council (ACI), Geneva,
• World Anti-Doping Agency (WADA), Lausanne office .

Heads of State and other officially invited representatives of other states

During a state visit, heads of state, government and ministers enjoy immunity, here the Russian President Dmitri Medvedev on the occasion of a state visit to Switzerland on September 21, 2009 in Bern .

Acting heads of state , on visits by official invitation, also the officially accompanying relatives and their other entourage (advisors, press reporters, drivers, security officers), are comprehensively protected not under the VÜD, but under general customary international law. They are exempt from the jurisdiction of the host country and enjoy the privilege of inviolability, so that no official coercive measures may be carried out against them. The same applies to incumbent heads of government and ministers of governments of other states and their officially accompanying relatives and their other entourage during visits in an official capacity (in Germany regulated for both groups in § 20 GVG). The group of protected persons results from the delegation list, which is presented to the inviting state.

In Germany, other representatives of foreign states who are in Germany on the basis of an official invitation also enjoy immunity (e.g. the foreign guests of a federal authority, see Section 20 (1) GVG).

The body search of a Swiss Federal Councilor carried out at a Russian airport as part of flight security checks met with heavy criticism in Switzerland. The Federal Councilor was booked on an ordinary scheduled flight and was not using an official machine from the Swiss government. The family members of heads of state enjoy no privileges and immunities, e.g. B. the son of a president studying in the receiving state.

The one in Munich u. a. Saif al-Arab al-Gaddafi , the son of the then Libyan head of state Muammar al-Gaddafi , who was suspected of the illegal arms trade and other crimes , did not enjoy diplomatic immunity. The fact that Gaddafi's Munich apartment was declared a guest house of the embassy by the Libyan embassy without the consent of the Foreign Office (cf. Art. 12 WÜD) and that he was temporarily given an embassy vehicle to use did not change this. Gaddafi's home was searched and he was prosecuted for driving without a license and drunk driving .

See also : State immunity

Diplomats from foreign countries in transit

A diplomatic passport alone does not provide immunity.

The basic rule is that only those persons who are accredited in the receiving country enjoy privileges . The possession of a foreign diplomatic passport alone does not confer any privileges.

However, if a diplomat, a consular officer, a member of the administrative and technical staff or the domestic staff (but not the private household staff) travels through a third country in order to take up his post in the receiving country or to return to his post or to his home country, stand grant him inviolability and all other privileges and exemptions necessary for his safe transit or return. This also applies if he goes on vacation at home or returns to his office from vacation. In principle, however, the transit must not be combined with unusually long tourist or other personal interruptions. This also applies to family members who accompany him or who travel separately from him to visit him or who return to their home country ( Art. 40 Para. 1 WÜD, Art. 54 Para. 1 and 2 WÜK).

Does the person concerned work, e.g. B. as a participant in a conference of an international organization represented in the receiving state, he only enjoys privileges if the corresponding trip was officially announced, took place at the official invitation of the receiving state or if a so-called conference agreement was made with the international organization responsible for holding the conference has been completed, which provides privileges. It is also possible that corresponding privilege agreements already exist with the relevant international organization (in Germany e.g. with the United Nations ).

Diplomats accredited to a third country do not enjoy immunity outside of these regulations (e.g. on a private vacation trip). For this reason, the former Syrian ambassador to the GDR had to answer before German courts after reunification for his involvement in an explosives attack against the Maison de France in West Berlin in August 1983. At the time, the ambassador allowed the explosives used in the attack to be temporarily stored in the embassy in East Berlin . The Federal Constitutional Court did not accept his objection that the Federal Republic was the legal successor of the GDR and had to respect its diplomatic immunity in the GDR , because the diplomatic immunity in the GDR had not precluded criminal prosecution before the Federal Republican courts even before the reunification. The reunification has not changed anything.

NATO soldiers stationed in Germany

Above all, NATO soldiers enjoy duty and tax exemptions.

Soldiers from NATO member states stationed in Germany do not enjoy diplomatic status, but have special rights similar to those of diplomats.

For the legal status of the stationing forces of Belgium , France , Canada , the Netherlands , Great Britain and the United States of America within the Federal Republic of Germany, the NATO troop statute and the supplementary agreement to the NATO troop statute apply .

The respective stationing forces are granted privileges and immunities in the NATO troop statute and in the supplementary agreement. This includes, for example, the areas of civil , administrative and criminal jurisdiction , social law , customs and tax liability and driving motor vehicles. In addition, there are also regulations on the use of property or on the employment of German local staff as employees in the stationing armed forces, especially in the additional agreement.

There are special agreements for the NATO headquarters in Germany.

Diplomatic identification documents

Sample of a Dutch diplomatic ID card

In addition to the diplomatic passport of his own country - the sending state - the diplomat receives a diplomatic card from the receiving state, which contains information on the scope of diplomatic privileges and exemptions. The diplomatic card is issued by the chief of protocol at the Ministry of Foreign Affairs. For accredited members of the foreign diplomatic corps in Germany, a protocol ID has been issued since 2019 , which entitles them to enter all Schengen countries and identifies the holder, diplomatic status according to WÜD or WÜK. The exhibitor is the aforementioned ministry.

According to Article 19 (2) of the Schengen Borders Code , the member states of the Schengen area are obliged to inform each other about the appearance and meaning of their diplomatic ID cards issued on the basis of national legislation. This is necessary because the diplomatic ID cards also have the character of a travel document. Their holders are permitted within the Schengen area to travel to any other Schengen country without a visa for short stays of no more than three months in any six-month period.

The communications from the Member States are regularly published in the Official Journal C of the European Union . The following notifications have been issued so far (extensive ID cards are also shown there):

• for all Member States for 2006; these are (in the order in which they are printed) Belgium , the Czech Republic , Denmark , Germany , Estonia , Greece , Spain , France , Italy , Cyprus , Latvia , Lithuania , Luxembourg , Hungary , Malta , the Netherlands , Austria , Poland , Portugal , Slovenia , Slovakia , Finland , Sweden , Iceland , Norway : OJ. C 247/2006 of October 13, 2006, pp. 85-198

The following additions were reported:

• for Estonia and Italy : OJ. C 153/2007 of 6 July 2007, pp. 15-20
• for Switzerland : OJ. C 331/2008 of December 31, 2008, pp. 16-20
• for Malta : OJ. C 64/2009 of March 19, 2009, pp. 18-19
• for Iceland : OJ. C 239/2009 of October 6, 2009, pp. 7-8
• for Estonia : OJ. C 304/2010 of November 10, 2010, pp. 6-9
• for the Netherlands : OJ. C 273/2011 of September 16, 2011, pp. 11-12
• for Spain : OJ. C 357/2011 of 7 December 2011, pp. 3–10
• for Belgium : OJ. C 88/2012 of March 24, 2012, pp. 12-17
• for Poland : OJ. C 120/2012 of April 25, 2012, pp. 4-8
• for Finland : OJ C 182/2012 of 22 June 2012, pp. 10-11
• for Romania : OJ. C 214/2012 of July 20, 2012, pp. 4-6
• for the Czech Republic : OJ. C 238/2012 of August 8, 2012, pp. 5-6
• for Spain : OJ. C 255/2012 of August 24, 2012, pp. 2-8

Duration of diplomatic status

→ Main article : Accreditation (diplomacy)

The new Georgian ambassador Batu Kutelia presents US President Obama with his credentials. (2009)

A rather atypical accreditation "analogous" to the WÜD: The permanent representative of the Federal Republic of Germany, Günter Gaus (right), hands over his credentials to the head of state of the GDR , Willi Stoph .

In order to be able to claim the protection of diplomatic privileges and immunities, the person usually has to be accredited in the receiving state . The appointment of the head of the mission requires the prior consent of the receiving state ( Agrément , Art. 4 WÜD); The sending state may fill the remaining positions at its own discretion - with a few exceptions ( Art. 7 VCDR). The head of the consular post also requires the consent of the receiving state in the form of an exequatur ( Art. 12 WÜK), the other employees of the consulate are occupied by the sending state at its own discretion ( Art. 19 Para. 1 WÜK).

For persons below the ambassadorial level, accreditation takes place through a letter from the mission of the sending state to the foreign ministry of the receiving state, with which the person concerned is registered for entry in the diplomatic or consular list. The accreditation is granted when the receiving state issues a service visa for entry and a diplomatic ID after entry.

Beginning and end

An accredited person is entitled to the privileges and exemptions when they enter the receiving country when they start work. If the person is already in the receiving state, the benefits are available from the point in time at which the sending state has notified the receiving state of the start of the activity ( Art. 39 para. 1 WÜD, Art. 53 para. 1 and 2 WÜK).

The privileges and exemptions for a person whose official activity has ended ( Art. 43 WÜD, Art. 25 WÜK) only end at the time of departure (Art. 39 para. 2 WÜD, Art. 53 para. 3 WÜK). With regard to the actions carried out by the person concerned in the exercise of their official work as a member of the mission, immunity remains in place after the departure (Art. 39 Para. 2 Sentence 2 VÜD, Art. 53 Para. 4 WÜK). The continuing immunity therefore does not apply in relation to acts in the private sphere, insofar as this was granted; this immunity ends upon departure. An embassy employee who enjoys personal immunity can therefore be prosecuted for acts that he has committed in his private sphere after returning to the receiving state. For acts in the official field, however, immunity remains in place even if you return to the receiving state at a later date.

If a member of the mission or consular post dies, his family members enjoy the privileges and exemptions that have previously been granted to them until a reasonable period has expired (Art. 39 Para. 3 WÜD, Art. 53 Para. 5 WÜK).

The privileges and exemptions also end when the receiving state has declared the person concerned to be an undesirable person ( persona non grata ) and the period granted to it to leave the country has expired ( Art. 9 WÜD and Art. 23 WÜK). Such striking measures, to which the sending state also regularly reacts with similar measures, are unusual among friendly states; if necessary, the sending state is consulted and discreetly asked to recall the person concerned as soon as possible.

Honorary consular officers are generally only entitled to privileges and exemptions for the duration of their admission by the receiving state, but for an unlimited period of time for official acts that have been committed during their term of office (Art. 53 Para. 4 in conjunction with Art. 58 Paragraph 2 WÜK).

Personal scope

If the person concerned, who would be privileged due to his status, is a citizen of the receiving state or a citizen of the sending state, but is permanently resident in the receiving state, he enjoys privileges regardless of his rank only for official acts, so-called official act immunity ( Art. 38 WÜD, Art. 71 WÜK) . With regard to own citizens, this also applies to international organizations (e.g. for the UN and its subsidiary organs according to Section 15 of the 1946 Agreement, for the UN specialized agencies based on Section 17 of the 1947 Agreement). As a rule, violations of road traffic law do not fall under the immunity to official acts .

As a rule, a person is a permanent resident if he or she has been resident in the receiving state for a long time at the time he is employed by the mission. A seconded member of a mission or consular post who stays in the receiving state for an unusually long period (more than ten years) can also be assumed to be permanent.

Renunciation of diplomatic status

Members of a diplomatic or consular mission cannot effectively waive diplomatic immunity. This right is only available to the sending state (Art. 32 WÜD, Art. 45 WÜK). An express declaration is required for this. It is international practice not to make use of this in general.

Prosecution of criminal offenses or administrative offenses by the sending state

Prosecution of criminal offenses or administrative offenses by the sending state is fundamentally possible and is expressly permitted under international law (Art. 31 Para. 4 VCDR). Use is made of this (see section Criticism of the behavior of the diplomatic superiors ).

Abuse of diplomatic status

Criticism of diplomatic status is primarily directed against the abuse of diplomatic privileges in connection with this

• with business and private participation in road traffic ,
• with theft of goods in shops , department stores and petrol stations ,
• with the duties of the diplomat as an employer with regard to his private domestic workers .

Traffic offenses

The number of traffic offenses committed by diplomats reached a new high in 2011

Situation in Germany

The number of traffic offenses committed by diplomats in Berlin has increased continuously since 2005 after a brief decline in 2008 and 2009. According to official information from the Berlin Senator for the Interior, diplomats committed 6,879 traffic offenses in 2005. In 2006 the number rose to 10,179 and in 2007 to 12,025 offenses. In 2008 the total fell to 8,398 and in 2009 to 8,610 offenses, while it rose to a total of 14,934 offenses in 2010 and reached a new high of 18,886 offenses in 2011. The diplomatic vehicle population remained largely unchanged and stood at 2,880 vehicles (March 16, 2009), 3,048 vehicles (December 31, 2009), 2,939 vehicles (December 31, 2010) and 2,874 vehicles (May 22, 2011).

The warnings and fines that the State of Berlin missed amounted to approx. 200,000  euros (2007), 159,940 euros (2008), 180,010 euros (2009), 156,595 euros (2010) and 274,590 euros (2011). The most common violations were parking violations and speeding violations .

The Berlin Senator for the Interior attributed the interim decrease in traffic offenses to a round note from the Foreign Office to the Berlin-based embassies, which reminded them of compliance with the applicable road traffic law . In addition, foreign representations where traffic law violations were frequent were increasingly given individual warnings by the Foreign Office. In relation to the number of registered vehicles, the diplomats from Egypt , Iran , the Republic of Korea (2009 and 2010), Azerbaijan (2009 and 2010) and Libya (2008 and 2009) stood out above average ; In the case of the other front runners Saudi Arabia , Russian Federation , China , France , Greece , Poland and the USA (only in 2010), the total number of violations is put into perspective because these countries also occupy the top position in the vehicle fleet. Of the diplomatic vehicles registered in Berlin on December 31, 2009, the USA accounted for 269, the Russian Federation 148, France 110, Saudi Arabia 101, China 99, Greece and Poland each 70 compared to Egypt (43), Iran ( 42), the Republic of Korea (55), Azerbaijan (19) and Libya (30). For 2011, it is only known that the diplomatic missions most frequently affected, in descending order, were Saudi Arabia, Russian Federation, USA, People's Republic of China, Georgia , Egypt, Italy , Azerbaijan, Turkey , Iran, Pakistan and Greece.

Situation in Austria

In Vienna between June 2006 and May 2009, 6,366 offenses against the road traffic regulations and 31,283 offenses against the Parkometer Act were committed by diplomats, which the authorities regarded as not prosecutable . In 2008 the number of administrative violations was around 2,100, in 2009 around 2,550 and in 2010 around 2,400. Since 2009 the embassy or the international organization has been asked to inform him whether the fine will be paid. In recent years, the Austrian Foreign Ministry has convinced numerous missions and international organizations to voluntarily pay for administrative offenses in transport. This happens in about a third of the cases - with an upward trend; otherwise immunity is asserted.

The only official information about the countries of origin of the most frequently conspicuous diplomats is that in 2010 there were 79 administrative offenses committed by diplomats from Russia , 63 by diplomats from Kazakhstan and 40 by diplomats from China . Another statement by the Austrian Foreign Ministry shows that the enforcement of fines against diplomats would be opposed to weighty economic interests: Without the granting of the usual international privileges and immunities, international organizations would relocate their headquarters from Vienna, which would lead to tax losses. The economic benefit of the international organizations for Austria is considerable. In a 2009 study by the consulting firm Ernst & Young on the indirect profitability of international organizations, it was found that Austria achieved a positive annual net effect of over 400 million euros from the presence of international organizations.

Situation in Switzerland

The license plate number (Swiss usage: license plate) for international organizations has a blue background - as here for a license plate from Geneva - that of the embassy staff (especially in Bern) a green background.

In Switzerland, traffic offenses have been prosecuted by diplomats in Bern since 2005 by setting fines. However, no coercive measures will be taken in the event of non-payment. In 2009 there were 2,910 offenses against the Road Traffic Act by persons with diplomatic status; The penalty notices issued were paid in only 335 cases (12%). In 2010, 2,637 administrative fines were issued, of which only 194 (7%) were paid. In a response to an interpellation in 2009, the Federal Council stated that the total amounts owed by foreign representations and international organizations over the years amounted to around CHF 7.5 million in Geneva and CHF 389,000 in Bern.

The situation in Geneva differs from Bern in that, in addition to around 40 embassies (mostly from African and Asian countries) that are accredited to Switzerland, there are mainly international organizations and permanent representations of the member states whose members are diplomatic As a rule, immunity can only be claimed in official matters. Fines for parking violations or speeding violations are often not subject to diplomatic protection as off-duty behavior.

Crimes committed by diplomats

Due to diplomatic considerations, no specific figures are given by the Berlin internal administration or the Foreign Office about the type and number of crimes committed by diplomats in Germany. There are also no official figures for Austria and Switzerland.

Crimes by diplomats are not recorded separately in Germany. There were 27 cases in Berlin of suspicion of having escaped an accident in 2008, in 25 cases in 2009, in 40 cases in 2010 and in 32 cases in 2011.

Above all, the offenses committed in connection with road traffic are often taken up by the press. According to the police, diplomats from poorer countries have always attracted attention for many crimes, often drinking and driving, because they cannot afford a driver and the ambassador sits behind the wheel himself after receiving them.

In the leisure sector, diplomats also appear in the event of shoplifting, fuel misappropriation or fraud, fish poaching, driving without a license and willful and negligent physical injuries on the occasion of traffic accidents, visits to bars or differences of opinion with taxi drivers. Badly paid embassy staff from poor countries went on forays into luxury department stores in Berlin.

In the reports of the Austrian press there are occasional reports of drunk driving by individual diplomats. The Austrian Transport Minister directs otherwise that there is no statistical record of driver escapes were diplomats and traffic offenses committed by diplomats in driving offenses could not be registered because there are only legally binding punishments are stored.

The Swiss press reported isolated drunk driving and disregard of a driving ban.

In February 2018, the Israeli secret service arrested a French embassy employee who allegedly used his special status to smuggle weapons from Gaza to Palestinian recipients in the West Bank in an embassy vehicle .

Labor law disputes with diplomats

Situation in Germany

Diplomats, especially from the Middle East and Asia , are charged with exploiting their own domestic workers in order to protect them from the jurisdiction of the receiving state by completely or partially refusing them promised benefits (e.g. wages , vacation , leisure time, etc.). Asian women are almost always affected. In a regulation between the Foreign Office and the embassies from 2003, diplomats had undertaken to pay their household helpers at least 750 euros a month and to grant them free board and lodging. The working time must not exceed 40 hours per week, each overtime must be compensated with 4.50 euros. These minimum standards are sometimes not met.

The German labor court can often not help the diplomatic domestic staff with the enforcement of salary claims. In Germany, legal action usually fails due to the employer's diplomatic immunity.

Psychological and physical violence , degrading treatment and, in some cases, sexual assault would also be added.

If such incidents become known, the Federal Foreign Office approaches the embassies, emphasizing discretion and amicable solutions. A couple of times a year settlement negotiations are held , in which the domestic workers then receive compensation . In return, they left Germany immediately, and everyone involved pledged to maintain confidentiality in writing .

Situation in Austria

In 1999, cases became known in Austria, mainly of women from the Philippines and Sri Lanka , but also from Latin American countries, who were employed in the households of UN employees and diplomats under poor working conditions. You would often have to work 80 hours a week with a monthly salary of 4500  Austrian Schillings (equivalent to approx. 327 euros) without social security . The wages were mostly withheld from the women to cover their travel expenses . The travel documents were taken from them in order to have a means of pressure at their disposal if the persons concerned intended to terminate the employment relationship . In many cases, they were not given the legitimation card that entitles the migrants to stay and work in diplomatic households in Austria.

In a circular in October 2009, the Austrian Foreign Ministry informed all diplomatic missions and international organizations in Austria that domestic workers had to earn at least 1,000 euros gross per month and that, according to the Domestic Workers Act, they were allowed to work a maximum of 238 hours per month and had to be given one day off a week. The Ministry of Foreign Affairs now insists that the domestic help appear unaccompanied when picking up the identification card so that they can talk to her undisturbed. If there is a suspicion of imbalance, the Foreign Ministry enters into negotiations with the employer, who as a diplomat often enjoys immunity.

Situation in Switzerland

In Geneva in particular , complaints about the use of private domestic help in diplomatic households have become known. Over the past few years , the Geneva Labor Court has sentenced Saudi Arabia to pay compensation to four former employees for unpaid overtime, vacations and other unpaid benefits . The total amount is over 650,000  Swiss francs (corresponds to approx. 540,000 euros). However, no payment was received from Riyadh .

In July 2009 a Geneva criminal court sentenced an Indian diplomat in absentia to 7 months in prison without parole for usury , coercion , deprivation of liberty and kidnapping . The diplomat had kept a young Indian like a slave from 1993 to 1996. The diplomat has since left Switzerland and is wanted with an international arrest warrant .

Virtually all disputes concern diplomats working in Geneva. Hardly any cases are known from Bern , which is due to the fact that only around 700 diplomats (according to other information: 3,700) are registered there, while around 11,000 (according to other information: 40,000) international officials lived and worked in the UN city of Geneva. There are also legal proceedings mainly in Geneva because the diplomats there, insofar as they are accredited by international organizations, often only enjoy immunity for official purposes. Employing one's own private domestic workers falls outside of the office.

A new ordinance on private domestic workers (PHV) , which came into force on July 1, 2011, creates uniform minimum standards under labor law and replaces the corresponding cantonal normal employment contracts. The ordinance regulates the entry, residence and working conditions for private domestic workers of people who enjoy privileges and immunities in Switzerland.

The ordinance obliges diplomats to conclude a written employment contract and to use only the FDFA's model contract for this purpose. The conclusion of such a contract is a prerequisite for the issue of entry visas and legitimation cards from the FDFA (residence permit). The reward is partly in cash and partly in kind to pay; it amounts to at least 1,200 francs a month net (corresponds to approx. 1,000 euros). No deductions may be made from this amount, and it must be transferred in Swiss francs to a bank or postal account in Switzerland that is exclusively in the name of the private household employee concerned.

Employers also have to make various payments, e.g. B. for accommodation and meals, all contributions to social insurance (employee and employer share) and the premiums for health and accident insurance .

The private servants must reach the competent Swiss personally for issuing their visas diplomatic mission audition. On this occasion they will receive information about the cost of living in Switzerland and documentation about their rights and obligations. In particular, it says who to turn to if you get into trouble after arriving in Switzerland.

The ordinance is criticized because it falls short of the 1981 recommendations with regard to the minimum wage of CHF 1,200, which already provided for a minimum wage for domestic workers of CHF 1,650 per month.

Criticism of the behavior of the diplomats' superiors

The impression that diplomats created through their behavior in public in their host country often triggers incomprehension and sometimes outrage . Diplomats have a role model function and should stand by their mistakes and face the consequences. The citizen cannot understand that diplomats get away with impunity. After the smuggling of drugs and cultural goods in diplomatic baggage or espionage , they would be recalled without consequences and deployed elsewhere.

Some heads of mission - it is assumed - sometimes do not even notice how their servants behave in public. Diplomatic immunity does not prevent the sending state from taking action against its own employees (Art. 31 Para. 4 VCDR). The Foreign Office disciplined German diplomats in the event of violations abroad, and German prosecutors also initiated investigations against German diplomats who have committed crimes abroad. A German teacher in Moscow who killed two people in a traffic accident and who, due to his diplomatic immunity , could not be prosecuted by the Russian authorities, was punished by a German court after his return. Because of the unauthorized import of a motor vehicle into the receiving country using diplomatic privileges (exemption from import duties), the official at a German embassy was disciplined with a cut in salary. The Swiss authorities were investigating a Swiss diplomat who was suspected of having committed shoplifting in the host country. Austria instructed diplomats working abroad to pay traffic fines.

Possible causes for the frequent misconduct by diplomats

Many violations of labor law are due to the national mentality , cultural differences and customs in the countries of origin of the diplomats, which are not comparable with the standards in the host country. In addition, the wage level in diplomacy - especially with representatives from developing countries - does not take into account the high European cost of living, which does not excuse the bad treatment of domestic workers, but can explain it to a certain extent.

As far as road traffic violations are concerned, a study by the universities of Berkeley and Columbia found that the worse America's reputation in a country, the more parking offenses its diplomats in the United States committed. The wrong parking behavior of diplomats in a country also correlates with its corruption index .

Proposals for changing diplomatic status

It is suggested that the immunity of diplomats worldwide should be restricted to the official area. In addition, a protocol ID for private domestic servants (and thus the exemption from the residence permit) should only be issued if the diplomat submits an employment contract that complies with labor law standards.

In a study by the German Institute for Human Rights , the lifting of immunity is rated as a spectacular step and a success for the host country. However, this often does little to help the domestic workers concerned. Instead, the path of mediation is seen as cumbersome overall, but as a result rather useful for those affected.

The establishment of a liaison office, as introduced by Switzerland, is seen as exemplary. The Bureau de l'Amiable Compositeur (BAC) in Geneva was established by the Canton of Geneva and the Swiss Mission to the UN in 1995. The three-person committee treats between 70 and 80 cases per year. Spread over the years, the success rate would be 30 to 40 percent.

With regard to the fulfillment of employment contract claims, a state liability of the receiving state must also be considered. In one case in France , the French supreme administrative court, the Conseil d'État , held the French state liable.

With regard to international organizations, the host state cannot exempt itself from its responsibility under the European Convention on Human Rights (ECHR) to grant access to fair judicial proceedings under Article 6 (1) ECHR by delegating tasks to international organizations and giving them immunity granted by its jurisdiction. In this case, other appropriate legal protection options must be available, e.g. B. Control systems within the international organization itself.

literature

• Circular from the Federal Foreign Office on the treatment of diplomats and other privileged persons in the Federal Republic of Germany - RdSchr. v. 15.9.2015 - 503-90-507.00 - GMBl 2015, p. 1206 Auswaertiges-amt.de.pdf
• Georg Dahm , Jost Delbrück and Rüdiger Wolfrum : International Law. Volume I, Part 1: The Basics. The subjects of international law. 2nd, completely revised edition, Walter de Gruyter, Berlin / New York 1989, ISBN 3-11-005809-X .
• Karl Doehring : international law. 2nd, revised edition, CF Müller, Heidelberg 2004, ISBN 3-8114-0834-8 .
• David Dreimann: The diplomatic protocol. Tasks, means, methods and working methods. Koehler & Amelang, Leipzig 1981.
• Matthias Herdegen : International Law. 11th, revised and expanded edition, CH Beck, Munich 2012, ISBN 978-3-406-63159-7 .
• Knut Ipsen : International Law. 5th, completely revised edition, CH Beck, Munich 2004, ISBN 3-406-49636-9 .
• Otto Rudolf Kissel , Herbert Mayer : Courts Constitution Act. Commentary , 6th, revised edition, CH Beck, Munich 2010, ISBN 978-3-406-59061-0 . (to §§ 18 to 20 GVG)
• Matthias Ruffert , Christian Walter : Institutionalized international law: the law of international organizations and its most important fields of application; a study book. CH Beck, Munich 2009, ISBN 978-3-406-59530-1 .
• Thorsten Stein, Christian von Buttlar: International law. 12th, revised edition, Carl Heymanns Verlag, Cologne [u. a.] 2009, ISBN 978-3-452-26875-4 .
• Oliver Tölle, Markus Pallek: Police Danger Defense in the Area of ​​Diplomatic or Consular Privileges , DÖV 2001, pp. 547–554.
• Wolfgang Graf Vitzthum : international law. 5th, revised edition, de Gruyter, Berlin [u. a.] 2010, ISBN 978-3-89949-714-4 .
• Zöller : Code of Civil Procedure. 29th, revised edition, Otto Schmidt Verlag, Cologne 2012, ISBN 978-3-504-47018-0 . (to §§ 18 to 20 GVG)

Web links

• Text of the Vienna Convention on Diplomatic Relations (WÜD) of April 18, 1961 ( BGBl. 1964 II pp. 957, 959 ).
• Text of the Vienna Convention on Consular Relations (WÜK) of April 24, 1963 ( Federal Law Gazette 1969 II p. 1585 ).
• List of diplomatic missions and other representations in the Federal Republic of Germany , regularly updated compilation by the Foreign Office on the diplomatic missions in Germany and their staff (PDF; 400 kB), accessed on December 25, 2011.
• Information from the Federal Foreign Office on the representations of foreign states in Germany (embassies and consulates) , accessed on December 25, 2011.
• Diplomatic missions in Austria (PDF; 500 kB), accessed on January 29, 2012.
• Consular missions in Austria (PDF; 375 kB), accessed on January 29, 2012.
• Foreign representations in Switzerland , accessed on January 29, 2012.

Individual evidence

1. ↑ The Convention (WÜD) came into force for Switzerland on April 24, 1964, for Liechtenstein on June 7, 1964, for Germany on December 11, 1964 and for Austria on May 28, 1966.
2. ↑ The Convention (WÜK) came into force for Switzerland and Liechtenstein on March 19, 1967, for Austria on July 12, 1969 and for Germany on October 7, 1971.
3. ↑ BVerwG , judgment of September 8, 1981 - IC 88.77 - BVerwGE 64, 55, juris.
4. ↑ Tölle / Pallek, DÖV 2001, 547 (553); Ipsen / Fischer, International Law , § 35 Rn 62; Stone / v. Buttlar, Völkerrecht , § 2 Rn 743.
5. ↑ Cf. Matthias Herdegen , Völkerrecht , § 38 Rn 1.
6. ↑ Reichsgericht, ruling v. November 8, 1934 - 2 D 1204/34 -, RGSt 69, 54 (55/56), quoted and discussed in the report on decisions by national courts in questions of international law, ZaöRV 1936, p. 404 , here p. 408/409 ( PDF; 1.7 MB).
7. ↑ Decided in relation to the maintenance advance law , OVG Berlin-Brandenburg , ruling v. June 17, 2009 - OVG 6 B 7.09 -.
8. ↑ See in detail Stein / v. Buttlar, Völkerrecht , § 2 Rn 739 ff.
9. ↑ Sonderkommando frees hostages from occupied Iraqi embassy. In: Welt Online . August 21, 2002. Retrieved January 29, 2012 . 
10. ↑ IGH, judgment of May 24, 1980 concerning the US Diplomatic and Consular Staff in Tehran [USA v. Iran] , ICJ Reports 1980, p. 3 ( Memento of the original from January 13, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 5.4 MB). 
11. ↑ Samples of such letters can be found in the circular of the (North Rhine-Westphalian) Ministry of the Interior and Local Affairs of November 2, 2010 - August 43 - April 57, 2016 -, Ministerialblatt für das Land Nordrhein-Westfalen 2010 p. 786 , no. 1.3.4 and Appendices 10 and 11 (PDF; 2.18 MB), accessed on January 5, 2012.
12. ↑ Circular from the Foreign Office on the treatment of diplomats and other privileged persons in the Federal Republic of Germany of August 19, 2008, GMBl. P. 1154 (p. 1172).
13. ↑ IGH, decision of May 24, 1980 regarding the US Diplomatic and Consular Staff in Tehran [USA v. Iran] , ICJ Reports 1980, p. 3 ( Memento of the original from January 13, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. , here p. 40 marginal number 86 (PDF; 5.4 MB). 
14. ↑ Circular from the Foreign Office on the treatment of diplomats and other privileged persons in the Federal Republic of Germany of August 19, 2008, GMBl. P. 1154 (p. 1158).
15. ↑ Expert opinion of the FDFA from June 4, 2008 ( Memento of the original from August 5, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , accessed on February 14, 2012 (PDF; 583 kB). 
16. ↑ Circular from the Foreign Office on the treatment of diplomats and other privileged persons in the Federal Republic of Germany of August 19, 2008, GMBl. P. 1154 (p. 1157).
17. ↑ ^{a b c} Answer of the Federal Ministry for Transport, Innovation and Technology of July 10, 2009 (PDF; 115 kB) to a request from members of the National Council of May 13, 2009 (PDF; 87 kB), both accessed on January 24, 2012.
18. ↑ ^{a b} Answer of the Austrian Federal Minister for Europ. and internal affairs (PDF; 85 kB) from February 11, 2011 in response to a parliamentary question (PDF; 68 kB) from December 14, 2010, both accessed on January 24, 2012.
19. ↑ Diplomats covet , report from NZZ Online dated November 20, 2005, accessed on April 25, 2019.
20. ^ BGH , decision of July 14, 2011 - V ZB 275/10 - BGHZ 189, 87.
21. ↑ BVerwG, ruling v. February 29, 1996 - 5 C 23.95 - BVerwGE 100, 300: OVG Münster , decision of. February 11, 1992 - 8 B 536/92 - NJW 1992, p. 2043.
22. ↑ In Germany regarding income tax (Germany) implemented in Section 3 No. 29 EStG .
23. ↑ ^{a b c d e} Mysteries of the CD car signs or diplomats at the wheel , report from the Tages-Anzeiger from January 13, 2011, accessed on January 26, 2012.
24. ↑ This should not apply to benefit entitlements (e.g. payment of child benefit to diplomats), cf. SG Hamburg, judgment of April 25, 1986 - 5 KG 122/85 - juris.
25. ↑ The Foreign Office expressly affirms this in its circular of September 19, 2008 on p. 1160 and denies it again on p. 1172, where it is even claimed that the domestic staff only have official immunity , which does not include violations of the traffic regulations, as VÜD-related official acts in road traffic are hardly imaginable. This assessment is incomprehensible, because if z. B. the driver of the embassy brings the ambassador to a reception, there is undoubtedly an official act that is covered by the immunity. Trips to and from the driver's service are also likely to be included in the immunity; insofar, there is no reason to treat the official domestic staff less favorably than the administrative and technical staff, especially since Art. 37 Paragraphs 2 and 3 VCDR on this point ("... actions carried out in the course of their official activities ...") literally match.
26. ↑ § 23 Hess. Registration Act
27. ^ Ipsen / Fischer, Völkerrecht , § 38 Rn 1; Doehring, International Law , § 8 Rn 501.
28. ↑ BGH, decision of April 4, 1990 - 4 BJs 136/89 - 3 StB 5/90, StB 5/90 - BGHSt 36, 396 ff.
29. ↑ So official. Lim. der Bundesregierung, Bundesratsdrucksache 731/04  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , P. 174 (PDF; 60 MB).  
30. ↑ In some cases, court rulings consider immunity in the event of traffic offenses to be possible; A prerequisite for this, however, would be a close objective connection with a consular task, cf. Karlsruhe Higher Regional Court , decision of July 16, 2004 - 2 Ss 42/04 -, NJW 2004, 3273; in the case there is no.
31. ↑ Ipsen / Fischer, Völkerrecht , § 35 marginal number 76.
32. ↑ Michael Marti: A noble sack. In: NZZ Folio . September 2003, accessed September 18, 2017 . 
33. ↑ Vitzthum / Hailbronner , Völkerrecht , p. 183 (Rn 63).
34. ↑ The handover to the captain of a seagoing vessel is only regulated by Art. 35 Para. 7 WÜK; the regulation is applied accordingly to diplomatic baggage.
35. ^ Convention on Special Missions of December 8, 1969, AVR 16 [1973-74-75], p. 60, for the text see the following footnotes.
36. ^ Text of the convention in Austria. BGBl. 1985, p. 2975 (PDF; 2.4 MB), for Austria in force since June 21, 1985.
37. ↑ Text of Convention SR number 0.191.2 , in force for Switzerland since June 21, 1985.
38. ↑ Text of the Convention in the Liechtenstein Law Gazette 1986, No. 49/1 (PDF; 100 kB), in force since June 21, 1985.
39. ↑ Negative Herdegen, Völkerrecht , § 38 Rn 6; Ipsen / Fischer, International Law , § 36 Rn 9; Georg Dahm / Jost Delbrück / Rüdiger Wolfrum, Völkerrecht , Volume I / 1, p. 298; affirmative Doehring, international law , § 8 marginal number 514.
40. ↑ For the background cf. the report in ZaöRV 45 (1985), p. 714 (750 f.) (PDF; 8.71 MB).
41. ↑ BGH, decision of February 27, 1984 - 3 StR 396/83 -, BGHSt 32, 275 (287).
42. ↑ Annegret Streng: Service Law in International Organizations (2003), Series: Europäische Hochschulschriften, Volume 3485, ISBN 978-3-631-39658-2 (see summary ( Memento of the original from December 21, 2015 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this note. ) 
43. ^ Georg Jochum, Wolfgang Fritzemeyer, Marcel Kau: FS Hailbronner , Hüthig Jehle Rehm Verlag, 2013, ISBN 978-3-8114-3914-6 . P. 611.
44. ↑ International Organizations in the Federal Republic of Germany , compilation by the Federal Foreign Office (PDF; 110 kB), accessed on December 25, 2011.
45. ↑ International Organizations in Austria (PDF; 329 kB), compilation by the Federal Ministry for European and International Affairs, accessed on January 29, 2012.
46. ↑ International Organizations in Switzerland , compilation by the Federal Department of Foreign Affairs, accessed on January 22, 2012.
47. ↑ Art. 105 of the UN Charter , accessed on January 8, 2013.
48. ↑ In Germany in force since November 5, 1980 ( BGBl. II p. 941 ).
49. ↑ In Liechtenstein in force since March 25, 1993.
50. ^ In Austria in force since May 10, 1957.
51. ↑ ^{a b} Switzerland accedes to three United Nations conventions on privileges and immunities. Published by Humanrights.ch , October 15, 2012, accessed on October 14, 2017 . 
52. ↑ In Germany in force since October 10, 1957 ( BGBl. 1954 II p. 639 ).
53. ↑ In Austria in force since July 21, 1950.
54. ↑ In Germany in force since June 21, 1996 ( Federal Law Gazette II p. 903 ).
55. ↑ See e.g. B. Article 5, Paragraph 6 of the UN Headquarters Agreement / Bonn 1995; see. also Art. 4 Para. 7 of the agreement between the Federal Republic of Germany and the International Organization for Renewable Energies on the headquarters of the IRENA Innovation and Technology Center of April 5, 2011 ( Federal Law Gazette II p. 1010 ).
56. ^ Rape allegations against Strauss-Kahn: "I have diplomatic immunity". In: Süddeutsche Zeitung . June 17, 2011, accessed January 24, 2012 . 
57. ↑ IMF office does not protect against punishment , report from Legal Tribune Online from May 16, 2011, accessed on January 24, 2012.
58. ↑ Homepage platform for promoting early warning of the United Nations International Strategy for Disaster Risk Reduction , accessed on January 29, 2012.
59. ↑ Homepage of the United Nations Platform for Space-Based Information for Disaster Management and Emergency Measures ( Memento of the original from February 25, 2012 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. from UNOOSA / UN-SPIDER, accessed January 29, 2012. 
60. ^ Homepage of the United Nations Water Decade , accessed on January 29, 2012.
61. ↑ Homepage of the Institute for Environment and Human Security , accessed on January 29, 2012.
62. ↑ Homepage of the International Program on the Social Dimension of Global Environmental Change of the United Nations University, accessed on January 29, 2012.
63. ^ Homepage of the Vice Rectorate in Europe , accessed on January 29, 2012.
64. ^ Homepage of the Regional Office for Europe of the World Health Organization , accessed January 29, 2012.
65. ↑ Homepage of the Tsunami Advice Center of the World Tourism Organization ( Memento of the original dated August 12, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. of the UNWTO Tsunami Advice Center, accessed on January 29, 2012. 
66. ^ Homepage of the International Bureau of Education / United Nations Organization for Education, Science and Culture , accessed on January 29, 2012.
67. ↑ Art. 343 , Consolidated Version of the Treaty on the Functioning of the European Union . In: Official Journal of the European Union C . No. 83 , March 30, 2010, p. 47–200 , here: p. 194 ( online (PDF) at EUR-Lex [accessed on January 9, 2013]).
68. ↑ Protocol No. 7 on the privileges and immunities of the European Union to Consolidated version of the Treaty on the Functioning of the European Union . In: Official Journal of the European Union. C . No. 83 , March 30, 2010, p. 266–272 ( online (PDF) at EUR-Lex [accessed December 30, 2012]). For the period before December 1, 2009 cf. with a similar wording the protocol to the contract for the establishment of a joint council and a joint commission of the European Communities of April 8, 1965 ( Federal Law Gazette II pp. 1453, 1482 ).
69. ↑ Homepage of the Energy Community ( Memento of the original dated February 6, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , accessed January 29, 2012. 
70. ^ Homepage of the International Center for Migration Policy Development , accessed on January 29, 2012.
71. ^ Homepage of the Joint Vienna Institute , accessed on January 29, 2012.
72. ↑ Host State Act (Switzerland) of June 22, 2007 , accessed on January 29, 2012.
73. ↑ Host State Ordinance (Switzerland) of December 7, 2007 , accessed on January 29, 2012.
74. ^ Homepage of the agency for international trade information and cooperation , accessed on January 29, 2012.
75. ^ Homepage of the Advisory Center for WTO Law , accessed on January 29, 2012.
76. ^ Homepage of the Süd-Zentrum , accessed on January 29, 2012.
77. ^ Homepage of the OSCE Court of Conciliation and Arbitration , accessed on January 29, 2012.
78. ↑ Russians touching Doris Leuthart , report in the (Swiss) newspaper BLICK from July 13, 2008, accessed on January 24, 2012.
79. ↑ German judiciary regarding Gaddafi's son selected politely , report from WELT dated June 30, 2011, accessed on January 16, 2012.
80. ↑ Answer of the Bavarian State Ministry of Justice and Consumer Protection of March 25, 2011 to a written request from members of the Landtag, Landtag-Drucksache 16/8204 (PDF; 126 kB), accessed on January 16, 2012.
81. ↑ Destroyed by 24 kilos of explosives , report from Der Spiegel magazine of December 13, 1999, accessed on January 17, 2012.
82. ↑ BVerfG, ruling v. June 10, 1997 - 2 BvR 1516/96 -, BVerfGE 96, 86; Discussion with details of the background: Faßbender, NStZ 1998, 144.
83. ↑ Sample of the special ID cards . In: Official Journal of the European Union. C, No. 247, October 13, 2006, pp. 85-198, accessed December 26, 2012.
84. ↑ Update of the models of the special ID cards . In: Official Journal of the European Union. C, No. 153, July 6, 2007, pp. 15-20, accessed December 26, 2012.
85. ↑ Communication from the Swiss Confederation to the European Commission . In: Official Journal of the European Union. C, No. 331, December 31, 2008, pp. 16-20, accessed December 26, 2012.
86. ↑ Update of the models of ID cards . In: Official Journal of the European Union. C, No. 64, March 19, 2009, pp. 18-19, accessed December 26, 2012.
87. ↑ Update of the models of ID cards . In: Official Journal of the European Union. C, No. 239, October 6, 2009, pp. 7–8, accessed December 26, 2012.
88. ↑ Update of the models of ID cards . In: Official Journal of the European Union. C, No. 304, November 10, 2010, pp. 6-9, accessed December 26, 2012.
89. ↑ Update of the models of ID cards . In: Official Journal of the European Union. C, No. 273, September 16, 2011, pp. 11-12, accessed December 26, 2012.
90. ↑ Update of the models of ID cards . In: Official Journal of the European Union. C, No. 357, December 7, 2011, pp. 3–10, accessed December 26, 2012.
91. ↑ Update of the models of ID cards . In: Official Journal of the European Union. C, No. 88, March 24, 2012, pp. 12-17, accessed December 26, 2012.
92. ↑ Update of the models of ID cards . In: Official Journal of the European Union. C, No. 120, April 25, 2012, pp. 4-8, accessed December 26, 2012.
93. ↑ Update of the models of ID cards . In: Official Journal of the European Union. C, No. 182, June 22, 2012, pp. 10-11, accessed December 26, 2012.
94. ↑ Update of the models of ID cards . In: Official Journal of the European Union. C, No. 214, July 20, 2012, pp. 4–6, accessed December 26, 2012.
95. ↑ Update of the models of ID cards . In: Official Journal of the European Union. C, No. 238, August 8, 2012, pp. 5-6, accessed December 26, 2012.
96. ↑ Update of the models of ID cards . In: Official Journal of the European Union. C, No. 255, August 24, 2012, pp. 2-8, accessed December 26, 2012.
97. ↑ Germany expels Libyan diplomats , report from dw-world.de from April 13, 2011, accessed on January 9, 2012.
98. ↑ In any case, if you have been in the receiving country for 25 years, you have permanent residence, cf. FG Cologne, ruling v. January 24, 2001 - 12 K 7040/98 - EFG 2001, 552; a statement to the contrary by the foreign ambassador is irrelevant.
99. ↑ See the printed matter of the Berlin House of Representatives 16/10457 for 2005 and 2006 (PDF; 98 kB), 16/12218 for 2007 (PDF; 24 kB), 16/13196 for 2008 (PDF; 66 kB), 16/14305 for 2009 (PDF; 68 kB), 16/15504 for 2010 (PDF; 30 kB) and 17/10468 for 2011 (PDF; 30 kB), accessed on January 8, 2012 and October 13, 2012.
100. ↑ See the explanations in the printed matter of the Berlin House of Representatives 16/14305 (PDF; 68 kB), accessed on January 8, 2012.
101. ↑ ^{a b c} Answer of the Austrian Federal Minister for Europ. and internal affairs (PDF; 59 kB) of May 27, 2011 in response to a parliamentary question (PDF; 53 kB) of March 30, 2011, both accessed on January 25, 2012.
102. ↑ The diplomats and their right to injustice , report from 20 Minuten online from June 23, 2011, accessed on January 22, 2012.
103. ↑ ^{a b} Arabs are the fastest drivers , report in the Berliner Zeitung from January 4, 2011, accessed on January 8, 2012.
104. ^ License to lawn - police helpless with diplomats , report of the Tagesspiegel from April 20, 2009, accessed on January 8, 2012.
105. ↑ North Korea on a fishing trip in Berlin , BZ report from January 19, 2012, accessed on February 2, 2012.
106. ↑ ^{a b} sinners without atonement  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , News from auto motor und sport dated July 28, 2008, accessed on January 8, 2012.  
107. ↑ Russian diplomat drives in a serpentine line , report from the Kronen Zeitung , accessed on January 25, 2012.
108. ↑ Employees of the Russian embassy built an accident and refused an alcohol test , report from Vienna Online dated May 31, 2011, accessed on January 25, 2012.
109. ^ "French consulate worker 'smuggled arms from Gaza'" BBC.co.uk, March 19, 2018
110. ↑ ^{a b} Beatings and chicane for 123 euros a month , report in the Berliner Zeitung of December 21, 2002, accessed on January 9, 2012.
111. ^ ^{A b} Andreas Wassermann: license for exploitation , in: Der Spiegel 26/2011 of June 27, 2011.
112. ↑ Constanze von Bullion: Debate about diplomatic immunity: When domestic workers are treated like cleaning rags. In: Süddeutsche Zeitung. November 9, 2011, accessed September 18, 2017 . 
113. ↑ Diplomatic slavery - trafficking in women in high circles ( Memento of the original from August 28, 2011 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Article in Context XXI , No. 3/1999, accessed on January 25, 2012. 
114. ↑ Help for foreign "domestic slaves" , report from STANDARD.AT dated December 2, 2009, accessed on January 25, 2012.
115. ↑ ^{a b} Exploitation among diplomats is difficult to come to terms with. In: Basler Zeitung . November 22, 2010. Retrieved September 18, 2017 . 
116. ↑ ^{a b c} The suffering of diplomats' domestic workers. In: Tages-Anzeiger . August 23, 2011, accessed September 18, 2017 . 
117. ↑ Text of the PHV ( Memento of the original from March 5, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 188 kB), accessed on January 25, 2012. 
118. ↑ EDA press release of June 9, 2011, accessed January 25, 2012.
119. ↑ Protection for private domestic workers of diplomats. In: humanrights.ch. August 17, 2011, accessed September 18, 2017 . 
120. ↑ ^{a b} More violations than ever before , report by AutoBild from August 17, 2011, accessed on January 8, 2012.
121. ↑ Are they allowed to do anything? , Message from BILD Berlin from October 10, 2011, accessed on January 8, 2012.
122. ↑ Sonja Zekri: Controversial judgment. The speeder with the red license plate. In: Süddeutsche Zeitung . November 19, 2009. Retrieved September 18, 2017 . 
123. ↑ BVerwG, ruling v. December 12, 1989 - 1 D 84.88 - juris.
124. ↑ Swiss diplomat is said to have stolen , report from 20 Minuten online from June 22, 2011, accessed on January 24, 2012.
125. ^ W. Luef: diplomats as traffic offenders. Difficult ticket job. In: Süddeutsche Zeitung . April 20, 2009. Retrieved September 18, 2017 . 
126. ^ German Institute for Human Rights: Domestic Workers in Diplomats' Households - Rights Violations and Access to Justice in the Context of Diplomatic Immunity , (English, PDF; 818 kB), accessed on January 21, 2012.
127. ↑ What are diplomats allowed to do? , Report of the Tagesspiegel from November 11, 2011, accessed on January 18, 2012.
128. ↑ Conseil d'État, ruling v. February 11, 2011 - [Mlle. Susilawati], (French, PDF; 33 kB).
129. ↑ ECHR , judgment of February 18, 1999 - 26083/94 -, NJW 1999, 1173, decided on the case of two temporary workers employed by ESA / ESOC in Darmstadt with regard to their desire to determine the existence of employment relationships with ESA.

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