Immunity of Permanent and Special Missions’ Members: Consent, Certification and Scope in the United Kingdom

Abstract

Recent UK litigation has addressed questions concerning the immunity of staff of permanent and special missions representing foreign States in the United Kingdom and highlighted the importance of the Foreign and Commonwealth Office’s policies and processes in connection with the same. This chapter examines the role of consent in the establishment of diplomatic and special missions, the executive certification of facts which relate to questions of immunity and the extent of the immunity to which members of permanent and special missions are entitled, which have proven resilient in the face of challenges made on human rights and international criminal law grounds.