Ⅰ.LEGAL BASIS OF THE PROTECTION OF OFFICIALS OF FOREIGN STATES AND ITS PERSONAL SCOPE 1
1.Legal Basis for the Protection of Officials of Foreign States:Their Personal Inviolability 3
The Definition of Personal Inviolability of Officials of Foreign States 3
(a) Writers who speak of the personal inviolability of officials of foreign States but do not define it 3
(b) Writers who define the personal inviolability of officials of foreign States 4
(c) Writers who discuss the consequences arising from the personal inviolability of officials of foreign States 6
(d) The Vienna Conventions and the Convention on Special Missions and the definition of personal inviolability of officials of foreign States 8
(e) The personal inviolability of officials of foreign States - A privilege or an immunity 10
2.The Personal Scope of the Special Protection of Officials of Foreign States 14
Definition of Officials of Foreign States 14
Ⅱ.THE DUTIES OF THE RECEIVING OR HOST STATE TOWARDS OFFICIALS OF FOREIGN STATES 21
1.The Duty of Non-Commission by the Organs of the Receiving or Host State of Acts Infringing upon the Personal Inviolability of Officials of Foreign States 23
Recognition of the duty of abstention 24
The practice of States 24
The duty of abstention in the context of the case of United States Diplomatic and Consular Staff in Tehran 27
(ⅰ) Statements and declarations by Iranian officials 27
(ⅱ) Statements and declarations by officials of other States 28
The codification of diplomatic and consular law 30
The doctrine of international law 32
The essence of the duty of abstention 32
2.The Duty of the Receiving or Host State of Preventing the Commission by Private Individuals of Acts Violating the Personal Inviolability of Officials of Foreign States 39
Judicial decisions 39
The practice of States 40
The declarations recognizing special protection of officials of foreign States in connection with the violations of their personal inviolability 41
The declarations recognizing special protection of officials of foreign States in connection with the codification of international law 43
The codification of diplomatic and consular law 44
(ⅰ) Unofficial codification 44
(ⅱ) Official codification 45
The doctrine of international law 48
The definition of special protection 49
The implementation of international conventions concerning the special protection of officials of foreign States 50
The Vienna Conventions and the Convention on Special Missions 50
The O.A.S.Convention and the U.N.Convention on Prevention and Punishment 51
The aspects of special protection 51
The real aspects of the special protection of officials of foreign States 51
Preventive measures as a prerequisite to the real aspect of special protection 52
The attitudes of the governments of the receiving States to the demands of kidnappers in return for safe release of their victims 53
(1) Negotiations with kidnappers 53
(2) Non-negotiation with kidnappers 55
Reasons for which the governments of receiving States have refused to negotiate with the kidnappers 55
Measures taken by the governments of the receiving States which refused to negotiate with the kidnappers 56
3.The Duty of the Receiving or Host State to Punish the Perpetrators of Offenses Committed Against Officials of Foreign States 65
The Juridical Aspect of the Special Protection of Officials of Foreign States 65
The codification of international law 65
The doctrine of international law 66
The special protection of officials of foreign States in municipal legislation 68
Sanctions for the violation of the personal inviolability of officials of foreign States 69
Increased punishment 69
Specified penalties 70
The objective scope of punishable acts 71
The extent of penalties 72
Fulfillment of the duty of punishment 73
The practice of States 73
Punishment demanded by the sending States 74
Punishment by the receiving States as fulfillment of their duty of punishment of persons guilty of violating the personal inviolability of officials of foreign States 75
Capital punishment 76
Life imprisonment 77
Deprivation of liberty specified in time 78
The Doctrine of International Law 78
Implementation of the U.N.Convention on Prevention and Punishment 80
4.The Duty of the Receiving or Host State to Cooperate with other States in Preventing the Commission of Offenses Against Officials of Foreign States and in Punishing the Perpetrators of Such Offenses 87
The Recognition of the Duty of Cooperation 87
Judicial decisions 87
The practice of States 88
The codification of international law 91
The doctrine of international law 93
The Duty of Cooperation in the U.N.Convention on Prevention and Punishment 94
Ⅲ.THE CHARACTER OF CRIMES COMMITTED AGAINST OFFICIALS OF FOREIGN STATES 101
1.Crimes Against Officials of Foreign States Are not Political Offenses 103
The Definition of Political Offenses 103
A confusion of terminology 104
Judicial Decisions 105
Bilateral treaties on extradition 106
Multilateral treaties on extradition 107
Extradition Statutes 108
Constitutional provisions on extradition 109
The Codification of Extradition Law 110
The doctrine of criminal and international Law 111
Kidnapping,Murder and Other Assaults Against the Life or Physical Integrity of Officials of Foreign States Are not Political Offenses 114
The positions of States 114
The preparatory documents of the U.N.Convention on Prevention and Punishment 115
The codification of international law 116
The U.N.Convention on Prevention and Punishment 116
2.The Perpetrators of Crimes Against Officials of Foreign States Are Not Eligible for Asylum 121
The Definition of Asylum 121
The Right of Asylum 122
The Basis for the Granting Asylum 123
Persons eligible for asylum 123
The decision of the International Court of Justice 123
Multilateral treaties 124
The codification of international law on asylum 125
The Qualification of Grounds Justifying the Granting of Asylum Belongs to the State Granting It 126
The decision of the International Court of Justice 126
International treaties 127
Multilateral treaties 127
Bilateral treaties on extradition 129
Codification of the law on asylum and extradition 129
The Rule of the Qualification of Grounds Justifying the Granting of Asylum Does Not Apply to the Crimes Committed against Officials of Foreign States 130
3.The Perpetrators of Crimes Against Officials of Foreign States are Extraditable 135
A Definition of Extradition 135
The Recognition of Extradition in International Law 136
Extradition in the absence of a treaty 136
Extradition treaties 137
Extradition laws 138
Extraditable crimes in extradition treaties and statutes 139
Extraditable crimes in the codification of extradition law 141
Extradition under the U.N.Convention on Prevention and Punishment 142
Extradition of the Perpetrators of Crimes against Officials of Foreign States in the Practice of States 144
Ⅳ.THE INTERNATIONAL RESPONSIBILITY OF TOE STATE FOR FAILURE TO FULFILL ITS DUTIES TOWARDS OFFICIALS OF FOREIGN STATES 149
1.The Origin of the International Responsibility of States for Failure to Fulfill its Duties Towards Officials of Foreign States 151
The Definition of the International Responsibility of the State 151
The Internationally Wrongful Act of the State as a Source of its International Responsibility 153
International tribunals 153
The practice of States 154
The codification of international law on State responsibility 154
(ⅰ) Unofficial codification 154
(ⅱ) Official codification 155
The doctrine of international law 155
Every State is responsible for its internationally wrongful act 157
The notion of the internationally wrongful act 157
Attribution as a substantial part of the subjective element 158
The Violation of the Personal Inviolability of Officials of Foreign States Is a Breach of the International Obligations of the State Constituting an Objective Element of an Internationally Wrongful Act 159
The existence of a breach of an international obligation 159
Irrelevance of the origin of the breached international obligation 160
International tribunals 160
The practice of States 160
The codification of international law on State responsibility 161
(ⅰ) Unofficial codification 161
(ⅱ) Official codification 162
The doctrine of international law 162
The International Obligation Must Be in Force to Be Breached 163
The Kinds of Breaches of the International Obligations to Protect Specially Officials of Foreign States 164
The Breach of International Obligations Requiring the Adoption of a Particular Course of Conduct 164
The Breach of International Obligations Requiring the Achievement of a Specified Result 166
2.The International Responsibility of the State for the Conduct of its Organs Violating the Personal Inviolability of Officials of Foreign States 172
A.The Conduct of the State Organs as an Activity of the State 172
The recognition of State responsibility for the conduct of its organs 173
International judicial decisions 173
The practice of States 174
The codification of international law on State responsibility 174
(ⅰ) Unofficial codification 175
(ⅱ) Official codification 175
The doctrine of international law 176
Situations in which the conduct of State organs is attributed to it 177
B.Unauthorized Acts of State Organs 178
The non-responsibility of State for ultra vires acts 178
The practice of States 179
The codification of international law on State responsibility 180
Arbitral decisions 180
The responsibility of States for ultra vires acts 181
The responsibility of States for acts committed within the apparent authority of their organs 181
Arbitral decisions 181
The practice of States 182
The codification of international law on the responsibility of States 183
(ⅰ) Unofficial codification 183
(ⅱ) Official codification 183
The responsibility of States for acts committed outside the apparent scope of authority of their organs 184
Arbitral decisions 184
The practice of States 185
The codification of international law on the responsibility of States 185
The doctrine of international law 186
3.The International Responsibility of the State for the Conduct of Private Individuals 193
International Arbitral Decisions 193
The Practice of States 194
The Codification of International Law on State Responsibility 194
(ⅰ) Unofficial codification 194
(ⅱ) Official codification 194
The Doctrine of International Law 195
The Theories of State Responsibility for the Conduct of Private Individuals 196
1.The Theory of Culpa 196
International tribunals 197
The practice of States 198
The codification of international law on State responsibility 199
The doctrine of international law 200
2.The Theory of Risk 201
International tribunals 201
The practice of States 202
The codification of international law on State responsibility 202
The doctrine of international law 203
3.The Theory of Neglected Duties 203
International tribunals 204
The practice of States 204
The codification of international law on State responsibility 205
(ⅰ) Unofficial codification 206
(ⅱ) Official codification 206
The doctrine of international law 207
4.The Duty to Make Reparation for an Internationally Wrongful Act Done to Other States in the Persons of Their Officials 212
The Recognition of the Duty to Make Reparation 212
International tribunals 212
The practice of States 213
The codification of international law on State responsibility 214
(ⅰ) Unofficial codification 214
(ⅱ) Official codification 215
The doctrine of international law 215
The features of reparation 216
Types of reparation 217
Essential Characteristics of Satisfaction 219
Measures of satisfaction 219
Apologies 220
Expression of regret 220
The manner of the presentation of regrets 221
(ⅰ) Oral expression of regret 221
(ⅱ) Written expression of regret 222
Salute of the flag 223
Disapproval 224
The expiatory mission 225
Official publication 226
The punishment of guilty persons 227
The violators of the personal inviolability of officials of foreign States are known 227
(a) Satisfaction in the form of punishment of guilty persons given on the initiative of the responsible State itself 227
(b) Satisfaction in the form of punishment of guilty persons demanded by the injured State 228
Cases in which the violators of the personal inviolability of officials of foreign States are not known 229
Demands of guarantees for the future 230
Reparation stricto sensu 231
The exhaustion of local remedies rule does not apply 232
Reparation stricto sensu and pecuniary satisfaction in the practice of States 233
Ⅴ.THE MEANS OF SETTLEMENT OF DISPUTES ARISING FROM THE FAILURE BY A STATE TO FULFILL ITS DUTIES TOWARDS THE OFFICIALS OF FOREIGN STATES 241
1.The Prerequisites for the Pacific Settlement of Disputes 243
The Definition of a Dispute 244
The Ascertainment of a Dispute in the Borchgrave Case 246
The Ascertainment of a Dispute in the Case of the United States Diplomatic and Consular Staff in Tehran 247
2.The Means of Settlement of Disputes 252
Negotiations 252
The Practice of States 255
The Case of U.S.Diplomatic and Consular Staff in Tehran 255
Good Offices 257
The Case of U.S.Diplomatic and Consular Staff in Tehran 258
Mediation 259
The Case of U.S.Diplomatic and Consular Staff in Tehran 260
Commission of Inquiry 261
The Case of U.S.Diplomatic and Consular Staff in Tehran 261
Conciliation 262
Conciliation in Conventions on the Protection of Foreign Officials 263
Arbitration 264
Arbitration in Conventions on the Protection of Foreign Officials 265
The Practice of States 266
3.The Judicial Settlement of Disputes by an International Tribunal 271
The Jurisdiction of the International Court of Justice 271
The Basis of the Court's Jurisdiction 272
The Court's Jurisdiction under Special Agreement in the Borchgrave Case 274
The Jurisdiction of the Court in the Case of U.S.Diplomatic and Consular Staff in Tehran 276
The Judgment by Default 279
Measures of Interim Protection 281
Jurisdiction of the Court 282
The nature of interim measures 283
Requested measures 284
The Claims of the United States 286
The violation of the duty of abstention 287
The violation of the duty of special protection 288
The violation of the duty of punishment 290
The violation of the duty of cooperation 291
The Enforcement of the Judgments of the International Court of Justice 293
Conclusions 301
Bibliography 313
Appendix 345
Index of Authors 351
Index of Cases 357
Index of Subjects 367