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Affairs or such other ministry as may be agreed. in one or more of the crimes set forth in article 2.
2. When the functions of a person enjoying privileges and im- Article 2
munities have come to an end, such privileges and immunities shall 1. The intentional commission of:
normally cease at the moment when he leaves the country, or on expiry (a) A murder, kidnapping or other attack upon the person or liber-
of a reasonable period in which to do so, but shall subsist until that time, ty of an internationally protected person;
even in case of armed conflict. However, with respect to acts performed (b) A violent attack upon the official premises, the private accom-
by such a person in the exercise of his functions as a member of the mis- modation or the means of transport of an internationally protected per-
sion, immunity shall continue to subsist. son likely to endanger his person or liberty;
Article 41 (c) A threat to commit any such attack;
1. Without prejudice to their privileges and immunities, it is the duty (d) An attempt to commit any such attack; and
of all persons enjoying such privileges and immunities to respect the (e) An act constituting participation as an accomplice in any such
laws and regulations of the receiving State. They also have a duty not to attack shall be made by each State Party a crime under its internal law.
interfere in the internal affairs of that State. 2. Each State Party shall make these crimes punishable by appropriate
penalties which take into account their grave nature.
5-9. The International Law Commission's Convention 3. Paragraphs 1 and 2 of this article in no way derogate from the
on the Protection of Diplomats. Motivated by a substan- obligations of States Parties under international law to take all appropri-
tial increase in violent crimes committed against diplo- ate measures to prevent other attacks on the person, freedom or dignity
matic personnel by various terrorist organizations, the In- of an internationally protected person.
Article 3
ternational Law Commission drafted, in 1973, the Con- 1. Each State Party shall take such measures as may be necessary to
vention on The Prevention and Punishment of Crimes establish its jurisdiction over the crimes set forth in article 2 in the
Against Internationally Protected Persons, Including Dip- following cases:
lomatic Agents. 26 The wide scope of protection afforded (a) When the crime is committed in the temtory of that State or
by this convention is evidenced by its first three articles. on board a ship or aircraft registered in that State;
(b) When the alleged offender is a national of that State;
Article 1 (c) When the crime is committed against an internationally pro-
For the purpose of this Convention: tected person as defmed in article 1 who enjoys his status as such by vir-
1. "Internationally protected person" means: tue of functions which he exercises on behalf of that State.
(a) A Head of State, including any member of a collegial body per- 2. Each State Party shall likewise take such measures as may be
forming the functions of a Head of State under the constitution of the necessary to establish its jurisdiction over these crimes in cases where
State concerned, a Head of Government or a Miter for Foreign the alleged offender is present in its temtory and it does not extradite
Affairs, whenever any such person is in a foreign State, as well as mem- him pursuant to article 8 to any of the States mentioned in paragraph 1
bers of his family who accompany him; of this article.
(b) Any representative or official of a State.or any official or other 3. This Convention does not exclude any criminal jurisdiction exer-
agent of an international organization of an intergovernmental character cised in accordance with internal law.
who, at the time when and in the place where a crime against him, his
official premises, his private accommodation or his means of transport is 5-10. U.S.Legislation for the Protection of Diplomats.
committed, is entitled pursuant to international law to special protection At the request of the Department of State, legislation was
from any attack on his person, freedom or dignity, as well as members enacted in 1972 to supplement that already designed to
of his family forming part of his household;
2. "Alleged offender" means a person as to whom there is sufficient safeguard protected persons. Applicable provisions of this
evidence to determine prima facie that he has committed or participated U.S. Protection of Diplomats Act 27 appear below.
An Act

To amend title 18, United States Code, to provide for expanded protection of foreign officials, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress as- AC~for the ~oleetion of Foreign Oflicialsand Offi-
sembled,That this Act may be cited as the "Act for the Protection of Foreign mcials and Offical Guests of Guests ofthe United Slam,
the United States".
STATEMENT OF FTNDINGS AND DECLARATION OF POLICY
SEC.2. The Congress recognizes that from the beginning of our history as a nation,
the police power to investigate, prosecute, and punish common crimes such as murder,
kidnaping, and assault has resided in the several States, and that such power should re-
main with the States.
The Congress finds, however, that harassment, intimidation, obstruction, coercion, 86 STAT.1070
and acts of violence committed against foreign officials or their family members in the sa STAT.1071
United States or against official guests of the United States adversely affect the foreign
relations of the United States.
Accordingly, this legislation is intended to afford the United States jurisdiction con- Jurisdiction.
current with that of the several States to proceed against those who by such acts inter-
fere with its conduct of foreign afFairs.

26. 13 Int'l Legal Mat. 41-49 (Jan 1974). 27. 86 Stat. 1070 (1972).