Somali Diplomat Case

Abstract

Diplomatic relations — Diplomats — Position and functions — Failure of sending State to pay salaries of its diplomats — Diplomats unable to support themselves and claiming social security in receiving State — Whether dependence of diplomats on social security in receiving State compromising independent performance of diplomatic functions — Whether payment of social security by receiving State in such circumstances violating Vienna Convention on Diplomatic Relations, 1961, or rules of customary international law — Means available to receiving State for obtaining recall of diplomats by sending State in such circumstances — Vienna Convention on Diplomatic Relations, Article 9

Diplomatic relations — Diplomats — Position and functions — Position of diplomats during civil war in sending State — Lack of effective government in sending State — Non-payment of salaries of diplomats — Whether diplomats required to renounce diplomatic status

Diplomatic relations — Immunity — Exemption from social security provisions in receiving State — Scope of exemption — Vienna Convention on Diplomatic Relations, 1961, Article 33 — Whether excluding right to claim social security in receiving State — Whether diplomat required to renounce diplomatic status prior to claiming social security

Treaties — Interpretation — Ordinary meaning — Vienna Convention on the Law of Treaties, 1969 — Article 31(1) — Multilateral treaties — Authority of different texts — Article 33(1) of Convention — Whether permissible to use text in which the Treaty is not authentic — The law of the Federal Republic of Germany