Diplomacy Under Occupation. The Status of Diplomatic Missions in Occupied Iraq

Anuario Mexicano de Derecho Internacional, Vol. 6, pp. 461-511, 2006

Oxford Legal Studies Research Paper No. 15/2006

38 Pages Posted: 5 May 2006

See all articles by Stefan A. G. Talmon

Stefan A. G. Talmon

University of Bonn, Institute of Public International Law

Abstract

Occupation does not automatically terminate diplomatic relations or end diplomatic missions but the occupant may request the sending State temporarily to recall individual members of a diplomatic mission or the mission itself. The Vienna Convention on Diplomatic Relations is not directly applicable to the occupying power with respect to diplomatic missions and their members in occupied territory; the question continues to be governed by the customary law of war rules. While diplomatic agents in occupied territory retain their diplomatic status, they cannot expect to enjoy all their immunities and privileges to the fullest extent. These will in practice be limited by the military necessities and security concerns of the belligerent occupant. The occupant may admit foreign diplomats to the occupied territory, but cannot take accreditations for diplomatic agents binding on the (returning) legitimate government of the occupied State.

This is a pre-publication version of an article published in (2006) 6 Anuario Mexicano de Derecho Internacional 461-511.

Suggested Citation

Talmon, Stefan A. G., Diplomacy Under Occupation. The Status of Diplomatic Missions in Occupied Iraq. Anuario Mexicano de Derecho Internacional, Vol. 6, pp. 461-511, 2006; Oxford Legal Studies Research Paper No. 15/2006. Available at SSRN: https://ssrn.com/abstract=900343

Stefan A. G. Talmon (Contact Author)

University of Bonn, Institute of Public International Law ( email )

Adenauerallee 24-42
D-53113 Bonn
Germany

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