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  • 标题:The Siege of the Estonian Embassy in Moscow: Protection of a Diplomatic Mission and Its Staff in the Receiving State
  • 本地全文:下载
  • 作者:René Värk
  • 期刊名称:Juridica International
  • 印刷版ISSN:1406-1082
  • 电子版ISSN:1406-5495
  • 出版年度:2008
  • 期号:II
  • 页码:144-153
  • 出版社:University of Tartu
  • 摘要:

    States establish diplomatic missions and send both diplomatic and non-diplomatic staff abroad in order to represent and protect their interests and those of their nationals. Such missions and personnel are granted different privileges and immunities in the receiving states so that they can perform their official functions as independently and efficiently as possible. These guarantees are supposed to prevent attacks on diplomatic missions and their staff by both public officials and private persons and are intended to avoid any other obstacles to performance of their official functions. In reality, there is not often need for such a protection — states refrain from interfering, as they are interested in mutually friendly relations and wish their own diplomatic missions and the staff thereof to have the widest possible freedom to operate in the respective receiving states. The principle of reciprocity is the most effective means against breaches of diplomatic law. Nevertheless, there are still occasions on which the privileges and immunities provided become indispensable to ensuring the normal functioning of a diplomatic mission and the physical safety of its staff. The danger may originate from local authorities as well as from private persons or their groups, acting independently or under the order of the receiving state. Sometimes the receiving state chooses to ignore completely its obligations and allows the threatening situation to continue. The Estonian embassy in Moscow, which was subjected to threats, attacks, and blockade from 27 April to 5 May 2007, serves as an excellent example in this context. The incident in question illustrated that Russia sometimes displays a rather unusual understanding of the content and meaning of diplomatic privileges and immunities and of the obligations of the receiving state where the protection of a diplomatic mission and its staff is concerned. That incident was hardly an everyday happening; it will more likely serve in future textbooks as an example of flagrant breaches of diplomatic law. The present article discusses the nature and scope of the protection of the diplomatic mission and its staff and the obligations of the receiving state in ensuring such protection. Attention is focused on aspects of physical protection (obviously lacking in this incident), leaving aside judicial immunity and other privileges guaranteeing freedom of action. The article assesses the events in the vicinity of the Estonian embassy in Moscow in the light of diplomatic law as well as that of state and court practice.

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