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b. The International Law Commission has prepared a Forces in that country, dealing with such matters as civil
set of Draft Articles on Special Missions. 46 In doing so, and criminaljurisdiction over members of the force, privi-
the I.L.C. observed that the Convention on Diplomatic leges and immunities. 51
Relations dealt only with permanent diplomatic missions d. It is important to note that in determining what law
and that ". . . diplomatic relations between states also governs a particular situation arising in the United Stata;
assumed other forms that might be placed under the it is of course necessary to analyze the several possibly ap-
heading of 'ad hoc diplomacy,' covering a state for limited plicable treaties and legislation, not only &terms of their
purposes." 47 Article 29 of the Draft Articles provides for substantive provisions but also, in caseiof conflict, in
personal inviolability of the persons of the sending state's terms of the chronology of their enactment or coming into
representatives in the special mission and of the members force. 52 The more relevant provisions of the two most
of its diplomatic staff (as in Article 29 of the Vienna Con- important agreements in this area appear below.
vention on Diplomatic Relations). Article 31 of the Draft (1) CONVENTION ON THE PRIVILEGES AND IM-
Articles reproduces Article 31 of the Vienna Convention, MUNITIES OF THE UNITED NATIONS
with the exception that immunity is not granted to mem- Art. IV. 8 11. Representatives of Members to the principal and sub-
bers of special missions with respect to "an action for sidiary organs of the United Nations and to conferences convened by
damages arising out of an accident caused by a vehicle the United Nations, shall, while exercising their functions and during
used outside the official functions of the person in ques- the journey to and from the place of meeting, enjoy the following privi-
tion." leges and immunities:
(a) Immunity from personal arrest or detention and from seizure of
5-21. Representatives to International Organizations. their personal baggage, and, in respect of words spoken or written and
a. In examining the jurisdictional immunities accorded all acts done by them in their capacity as representatives, immunity from
representatives to international organizations, primary at- legal process of every kind;
tention is focused on those individuals attached to the (b) Inviolability for all papers and documents;
United Nations. An analysis of the protection afforded (c) The right to use codes and to receive papers or correspondence by
these representatives will, in turn, give the reader an over- courier or in sealed bags;
all understanding of this particular aspect of jurisdictional (d) Exemption in respect of themselves and their spouses from im-
immunity. The basic law governing the relationships be- migration restrictions, aliens registration or national service obligations
in the state they are visiting or through which they are passing in the ex-
tween the U.N. and its employees is, of course, the U.N. ercise of their functions;
Charter. Articles of special signif~cance to the question of (e) The same facilities in respect of currency or exchange restrictions
the status of the employees of the organization (interna- as are accorded to representatives of foreign governments on temporary
tional civil servants) are Articles 97 through 101, defining official missions; I
(f) The same immunities and facilities in respect of their personal
the powers and duties of the Secretary-General and his
baggage as are accorded to diplomatic envoys, and also;
staff, and Articles 104 and 105, dealing with questions of (g) Such other privileges, immunities and facilities not inconsistent
capacity, privileges, and immunities. with the foregoing as diplomatic envoys enjoy, except that they shall
b. In addition to the Charter, there are basic interna- have no right to claim exemption from customs duties on goods im-
tional agreements detailing in more specifk form the ported (otherwise than as part of their personal baggage) or from excise
broad provisions of the Charter. A major document is the duties or sales taxes.
Convention on the Privileges and Immunities of the 8 12. In order to secure, for the representatives of Members to the
United Nations, 48 which came into force early in the life principal and subsidiary organs of the United Nations and to conferences
convened by the United Nations, complete freedom of speech and inde-
of the organization but was not ratified by the United pendence in the discharge of their duties, the immunity from legal
States until April 27, 1970. 49 The organization has also process in respect of words spoken or written and all acts done by them
entered into conventions with states in which it has lo- in discharging their duties shall continue to be accorded, notwithstand-
cated its principal offices. The agreement governing the ing that the persons concerned are no longer the representatives of
United Nations premises in New York City is the Head- Members.
8 14. Privileges and immunities are accorded to the representatives of
quarters Agreement with the United Nations. 50 Members not for the personal benefit of the individuals themselves, but
c. Beyond agreements of general applicability are those in order to safeguard the independent exercise of their functions in con-
the organization has entered into with states on whose ter- nection with the United Nations. Consequently a Member not only has
ritory it is carrying on a specific, temporary project. For the right but is under a duty to waive the immunity of its representative
example, the Secretary-General of the United Nations in any case where in the opinion of the Member the immunity would
impede the course of justice, and it can be waived without prejudice to
concluded an agreement with the Government of Egypt in the purpose for which the immunity is accorded.
1957 on the status of the United Nations Emergency 8 15. The provisions of Sections 11, 12 ... are not applicable as be-
tween a representative and the authorities of the state of which he is a
46. See the Report of the Commission in 62 Am. J. Int'l L. 244 national or of which he is or has been the representative.
(1968). 8 16. In this article the expression "representatives" shall be deemed
47. Id. at 246.
48. 21 U.S.T. 1418; 1 U.N.T.S. 15. 51, 11 U.N. GAOR, Annexes, Agenda Item No. 66, at 52-57,
49. The U.S. resewed its acceptance with respect to the immunity U.N. Doc. A/3526 (1957); John, Recent Cases on United Nations Law
of United States nationals from military service and taxation. 225 (1963).
50. 61 Stat. 756; 11 U.N.T.S. 11. 52. See chap 2, supra.