“He was a Diplomatic Agent at all times material to this suit
and therefore inviolable”
Accordingly, the Plaintiff argues that the Defendant is legally bound to assert his
diplomatic Status so that he would not have been tried, convicted and sentenced to
imprisonment by the Receiving State; in this case, the United States of America. In
claiming immunity, the Plaintiff copiously quoted the provision of the Vienna
Convention on Diplomatic Relations 1961. The relevant provision is Article 31(1)
which provides;
A Diplomatic Agent shall enjoy immunity from the criminal
jurisdiction of the receiving State.
However, Article 1 of the same convention is apposite to the determination of the
status of the Plaintiff. This is because it provides for the category of persons who
qualify as diplomatic agents as envisaged by Article 13(1) (supra). It provides the
definitions of officers who are diplomatic officers. Thus:
a.
The “head of mission” is the person charged by the sending state with the
duty of acting in that capacity.
b.
The “member of the mission” are the head of the mission and members
of the Staff of the mission.
c.
The “members of Staff or Staff of the mission” are members of the
diplomatic Staff of the administrative and technical Staff of the service
Staff of the mission.
d.
The members of the “diplomatic Staff” are members of the Staff of the
mission having diplomatic rank.
e.
A “diplomatic agent” is the head of the mission or a member of diplomatic
Staff of the mission.
p. 18