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to include all delegates, deputy delegates, advisers, technical experts and the United States and the Government of the Member concerned,
secretaries of delegations. 53 shall, whether residing inside or outside the headquarters district, be en-
titled in the territory if the United States to the same privileges and im-
(2) Section 15 of Article V of the agreement be-
munities, subject to corresponding conditions and obligations, as it ac-
tween the United Nations and the United States Regard- cords to diplomatic envoys accredited to it. In the case of Members
ing the Headquarters of the United Nations provides as whose governments are not recognized by the United States, such privi-
follows: leges and immunities need be extended to such representatives, or per-
sons on the staffs of such representatives, only within the headquarters
(1) Every person designated by a Member as the principal resident
representative to the United Nations of such Member or as a resident district, at their residences and offices outside the district, in transit be-
tween the district and such residences and offices, and in transit on offi-
representative with the rank of ambassador or minister plenipotentiary, cial business to or from foreign countries.
(2) such resident members of their staffs as may be agreed upon
between the Secretary-General, the Government of the United States (3) Section 7(b) of the International Organizations
and the Government of the Member concerned, Immunities Act, 54 accords representatives to interna-
(3) every person designated by a Member of a specialized agency,
as defmed in Article 57, paragraph 2, of the Charter, as its principal resi- tional organizations, as well as oficers and employees of
dent representative, with the rank of ambassador or minister plenipo- such organizations, immunity ". . . from suit and legal
tentiary, at the headquarters of such agency in the United States, and process relating to acts performed by them in their official
(4) such other principal resident representatives of Members to a
specialized agency and such resident members of the staffs of repre- capacity and falling within their functions as such repre-
sentatives of a specialized agency as may be agreed upon between the sentatives, officers, or employees." 55
principal executive officer of the specialized agency, the Government of
Section 111. IMMUNITIES OF INTERNATIONAL ORGANIZATIONS, THEIR AGENTS,
OFFICIALS AND INVITEES
5-22. General. a. The modem law relating to the im- organizations require jurisdictional immunities in order to
munities of international organizations has developed carry on their functions without interference from munici-
principally from the experience of the League of Nations pal courts and administrators. Unlike states, however, in-
and the International Labor Organization, although some ternational organizations do not enjoy a long history of
aspects of its origin can be traced back to the nineteenth respect for their authority or the means of taking recipro-
century. This body of law began as little more than "a cal reprisals against infringements of that authority.
general principle resting on the questionable analogy of b. The fact that no attempt will be made in this publica-
diplomatic immunities; it has become a complex body of tion to fully analyze this particular aspect of jurisdictional
rules set forth in detail in conventions, agreements, immunity is not to be viewed as an attempt to minimize
statutes and regulations." 56 As the scope and importance its increasing importance in public international law. A
of the activities of international organizations have in- detailed examination of this area of jurisprudence is,
creased in the postwar world, so have the extent and sig- however, better suited to an advanced study of interna-
nificance of their immunities and those of their officials. tional organization. For purposes of the military attorney,
The bases for these immunities diier in important several references provide a concise and informative over-
respects from those for the granting of jurisdictional im- view of this topic. 57
munities to foreign states. Like states, international
Section IY. THE GRANTING OF DIPLOMATIC ASYLUM, POLITICAL ASYLUM OR
TEMPORARY REFUGE
5-23. General. Military attorneys may very likely en- 55. On the immunities of representatives to international organiza-
counter requests for diplomatic asyl~, politid asyl~ tions, see generally Resmtement (Second), supra note 2 at 8 86 and
or temporary refuge, either overseas or within the ter- Gross, Immunities and Privileges of Delegations to the United Nations,
df
ritorial juri~ctio~ the United States. Moreover, a l6 483
mishandling of such requests may lead to serious diplo- 56. C. Jenks, International Immunities XXXV (1961).
57. See W. Friedman, 0.Lissitzyn & B. Pugh,International Law at
matic and consequences. it is 725-44 (1969), and N. Leech, C. Oliver & J. Sweeney, The Interna-
necessary to examine the legal norms and DOD regula- tional Legal System (1973) 883-928.
tions applicable to those jurisdictional concepts. 58. A classic example of the serious consequences that can occur
5-24. ~~~li~~bl~a. Initially, it is ~~t~~~~ti~~alL ~ ~ . arose of a U.S. refusal to grant asylum to a Lithunian seaman in U.S. ter-
ritorial waters in November 1970.Thii refusal, now popularly known as
to
nvdistinguish between politi* Or
The vi@ant Incident, resulted in a complete Of Depart-
and Or ment of State and Department of Defense guidelines on requests for
asylum is the term appropriately to be employed where a immunity. These are examined in the following pages. For an excellent
political refugees finds refuge within the borders of a discussion of the practical and legal problem involved in this incident,
see Mann, Asylum Denied: The Vigilant Incident, 23 Naval War Coll.
53. As of January 1, 1975, 110 states had acceded to this Conven- Rev. 4 (May, 1971) and Goldie, LegalAspects of the Refusal of Asylum
tion. by U.S. Coast Guard on 23 Nowmber 197423 Naval War Coll. Rev. 32
54. 59 Stat. 669; 22 U.S.C.A. g 288d(b). (May, 1971).