A Study On The Exceptions Of Personal Inviolability Of Diplomatic Agents

Personal inviolability is one of the diplomatic privileges recognized by the international community.This privilege arose from the long-term practices of the international community and has been an international customary rule.This privilege was incorporated into the Article 29 of the 1961 Vienna Convention on Diplomatic Relations.At present,this privilege is well respected and enforced in state practice.However,there are always some limitations to privileges.When diplomatic agents exceed that limitation and use the privilege maliciously,it constitutes an abuse of privilege.In fact,since the time when personal inviolability arose,there has always been cases which diplomatic agents abused the privilege.With the deepening of international exchanges,the number of diplomatic agents who are entitled to privileges has rapidly increased,consequently,the abuse of this privilege has become more common.So it is necessary to discuss whether there are exceptions of personal inviolability and the application rules of these exceptions,because it is of great significance for the balance between the diplomatic privilege protection and the interest of receiving states.From the perspective of the history of conclusion of Vienna Convention on Diplomatic Relations,international customary law,general principles of law,judicial precedents,and authoritative doctrines,there are indeed exceptions to the personal inviolability of diplomatic agents.However,there are controversies on what the exceptions are,and the international community lacks specific rules for the application of exceptions in receiving states.As an important legal principle,the principle of proportionality has been widely used in the theory and practice of international law.When using the principle of proportionality to analyze the exceptions of personal inviolability,it can be concluded that there are two exceptions:the self-defense against diplomatic agents and the receiving states take measures to prevent the diplomatic agents from committing crimes.When analyzing the specific degree of application of exceptions,the use of principle of proportionality can provide a more specific and clear method for the receiving states to analyze whether or not to take measures,what measures should be taken,and when the measures should be dismissed.