Diplomatic immunity

Abstract

Preface provided by author:

The principle of diplomatic immunity was predominantly regulated by international custom and state practice in the past. This situation changed recently with the negotiation and enactment of the Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963, which codified and formaljzed the rules pertaining to diplomatic immunity. Namibia acceded to the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations on the 14th day of September 1992. As a party to the abovementioned Convention, Namibia is under an international obligation to give effect to its provisions through the enactment of domestic legislation. Current Namibian legislation on diplomatic relations is outdated and in non-conformity with international obligations. This constitutes an unacceptable state of affairs that can result in hardship for Namibian diplomats abroad. "Diplomatic Immunity- a critical evaluation of current Namibian legislation" aims to evaluate Namibian legislation seen against the standards and principles enunciated by the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations and experience of other jurisdictions. The main purpose is to conclude with possible recommendations for law reform in Namibia pertaining to diplomatic relations