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Former Syrian Ambassador to the German Democratic Republic
Published online by Cambridge University Press: 01 January 2021
Abstract
Diplomatic relations — Immunity — Former head of mission — Acts performed in the exercise of diplomatic functions — Whether immunity subsists after functions have terminated — Vienna Convention on Diplomatic Relations, 1961, Article 39(2) — Immunity from criminal jurisdiction — Whether commission of particularly serious crime may preclude reliance on diplomatic immunity — Whether State may take preventative measures against abuses of diplomatic immunity — Whether criminal prosecution constitutes preventative measure
Diplomatic relations — Immunity — Territorial scope — Whether immunity has erga omnes effect in third States or is only applicable in receiving State — Whether this question is regulated by treaty or customary international law — Agrément (consent) as basis of immunity — Vienna Convention on Diplomatic Relations, 1961, Article 4 — Exception for diplomats in transit — Article 40 of Convention
State immunity — Jurisdiction — Whether war crimes, crimes against humanity or other crimes against international law may preclude State official from relying on State immunity — Significance of Article 7 of Charter of International Military Tribunal, 1945 — Whether violation of jus cogens might preclude reliance on immunity — Whether any distinction between diplomatic and State immunity in this regard
State succession — Union of States — German reunification — Demise of German Democratic Republic with accesssion of its Länder to Federal Republic of Germany — Effect on treaties of German Democratic Republic with third States — Unification Treaty, 1990, Article 12 — Effect of reunification on diplomatic relations of German Democratic Republic with third States — Whether accreditations expiring or taken over by Federal Republic — Continuity of the law — Criminal law — Prosecution of former head of foreign mission in German Democratic Republic for acts committed against Federal Republic — Whether permissible following absorption of German Democratic Republic into Federal Republic — Whether any rule of customary international law governing the position
Jurisdiction — Territorial — Criminal jurisdiction — Offences committed in West Berlin prior to German reunification in 1990 — Whether committed within the territory of the Federal Republic of Germany — The law of the Federal Republic of Germany
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