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INVIOLABILITY DOCTRINE IN DOMESTIC LAW
Khudayberganova Nigina To`lqin qizi
LL.B., LL.M., University of World Economy and Diplomacy
e-mail: n.khudayberganova17@gmail.com
https://doi.org/10.5281/zenodo.13919851
In domestic law, the inviolability of diplomatic premises is usually implemented through
national legislation, such as diplomatic immunity acts or other specialized laws
1
. These laws
incorporate the principles and obligations of the VCDR into the domestic legal system, ensuring
the protection of diplomatic premises and personnel.
Domestic courts also play a crucial role in upholding the inviolability of diplomatic
premises, as they interpret and apply national and international law in cases involving
diplomatic disputes or alleged violations
2
. For example, courts may be called upon to determine
whether a particular action by a foreign diplomat qualifies as a breach of the inviolability of
diplomatic premises, which could lead to the waiver of immunity or other legal consequences
3
.
In Uzbekistan, the inviolability of diplomatic premises is protected by law. The Resolution
of the Cabinet of Ministers of the Republic of Uzbekistan "On Measures to Improve the Legal
Framework for the Activities of Foreign Diplomatic Missions and Consular Posts in the Republic
of Uzbekistan" establishes that the premises of diplomatic missions and private residences of
the heads of diplomatic missions, as well as the living quarters of members of diplomatic
missions, are inviolable
4
. This means that these premises cannot be entered or searched by the
authorities of the host country without the consent of the head of the diplomatic mission. The
resolution also establishes that these premises and furnishings, as well as vehicles belonging to
the diplomatic mission, enjoy immunity from search, seizure, requisition, arrest, and other
coercive actions
5
.
The protection of the inviolability of diplomatic premises in Uzbekistan is further
reinforced by the establishment of a specialized court to handle diplomatic disputes. The court,
which is called the Specialized Inter-District Economic Court, has jurisdiction over disputes
involving diplomatic missions, consular posts, and their personnel.
In addition, the National Guard of the Republic of Uzbekistan can provide protection to
the premises of diplomatic missions and private residences of the heads of diplomatic missions
and members of diplomatic missions with the consent of the Ministry of Foreign Affairs of the
Republic of Uzbekistan
6
.
Overall, the inviolability of diplomatic premises is an important aspect of the legal
framework for the activities of foreign diplomatic missions in Uzbekistan. The country has
taken measures to ensure that diplomatic missions and their personnel enjoy the privileges and
immunities granted to them under international law, including the Vienna Convention on
1
Denza, E. (2016). Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations. Oxford: Oxford
University Press.
2
Ibid.
3
Ibid.
4
Resolution of the Cabinet of Ministers of the Republic of Uzbekistan on Measures to Improve the Legal Framework
for the Activities of Foreign Diplomatic Missions and Consular Posts in the Republic of Uzbekistan, No. 473, 24 August
2019.
5
Ibid.
6
Ibid.
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Diplomatic Relations of 1961. By protecting the inviolability of diplomatic premises, Uzbekistan
is able to promote the proper functioning of diplomatic missions and to maintain good relations
with other states.
It should be noted here that in the domestic and foreign legal literature the issue of the
immunities of the means of transportation of diplomats has not been studied at the
international level, although at present it is the issue of the inviolability of vehicles that is very
relevant. Because in the Vienna Convention on Diplomatic Relations there is no direct indication
that vehicles enjoy immunity (while correspondence, diplomatic mail and letters have it)
7
.
Prior to the adoption of the 1961 Convention, assertions about the inviolability of
diplomatic vehicles were substantiated by the fact that the latter were considered as part of the
residence of a diplomatic representative, as a kind of “moving house”
8
. After the adoption of the
Convention, the inviolability of diplomatic vehicles is most often explained by the fact that they
are the movable property of a diplomatic mission
9
.
Paragraph 3 of Article 22 of this Convention can be cited as indirect evidence of the
immunity of vehicles. It states that the mission's vehicles are immune from search, requisition,
seizure and execution. As can be seen from the text of the convention, there is no talk of the
inviolability of the vehicles themselves in the direct text. Indirectly, this issue is regulated by
paragraph 2 of Article 30, which states that the papers, correspondence and property of a
diplomatic agent are equally inviolable, and vehicles are also understood as property
10
.
As an example of the importance of regulating the issue of immunity, one can cite an
incident that occurred in the recent history of our country. The situation was observed in
February 2022 during the conflict between the Russian Federation and Ukraine. In accordance
with the message of the official representative of the Ministry of Foreign Affairs of the Republic
of Uzbekistan from the Embassy of the Republic of Uzbekistan in Ukraine, it is reported that
confirmation of information regarding the damage to the vehicles of the diplomatic mission in
Kharkov has been received. According to the diplomatic mission, in the course of resolving
operational issues related to ensuring the safety of our citizens, a parked minibus of the
Embassy was damaged by shrapnel
11
.
In the above situation, it is necessary to find out: firstly, what law (diplomatic or
humanitarian) regulates the offense against the diplomatic mission of Uzbekistan; secondly,
who is responsible for the damage to the means of warning of the diplomatic mission of
Uzbekistan.
The inviolability of international organizations is also protected under international law.
For example, the headquarters and other premises of international organizations are generally
7
Demin Yu.G. "The Problem of Diplomatic Vehicle Immunities". Moscow Journal of International Law. 1994; (4):99-
107 // Дёмин Ю.Г. «Проблема иммунитетов дипломатических средств передвижения». Московский журнал
международного права. 1994; (4):99-107.
8
Oppenheim JL International law. - T. 1. Polutom 2. - M., 1949. - S. 332; Satow E. Guide to Diplomatic Practice. -
OGPIZ, 1947. - S. 205; Levin D B . Diplomatic Immunity. - M. - L., 1949. - S. 388-389. // Оппенгейм JL Международное
право. - T. 1. Полутом 2. - М., 1949. - С. 332; Сатоу Э. Руководство по дипломатической практике. — ОГПИЗ, 1947.
- С. 205; Левин Д Б . Дипломатический иммунитет. - М. — Л., 1949. - С. 388—389.
9
Hardy М. Modern diplomatic law. — N.Y., 1968. — Р. 41, 50; Jecny D. Introduction into diplomatic practice. — Praha,
1968. - P. 46.
10
Yearbook of International Law Commission. - 1958. - Voi. 2. - P. 98.
11
Message from the official representative of the Ministry of Foreign Affairs of the Republic of Uzbekistan from
28.02.2022.
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considered inviolable and immune from search, seizure, and other forms of interference by the
host state or its authorities
12
. Additionally, international organizations and their officials and
representatives are often granted immunity from legal process, including criminal, civil, and
administrative jurisdiction, for acts performed in the course of their official duties
13
.
The inviolability of international organizations is further reinforced by the fact that states
are generally required to respect and protect the activities and premises of international
organizations within their territory, as provided for in various international agreements and
conventions
14
.
For instance, the Convention on the Privileges and Immunities of the United Nations
(CPIUN) provides for the inviolability of the premises of the United Nations and its specialized
agencies, as well as the immunity of their officials and representatives from legal process in the
performance of their official duties
15
. Similarly, the Convention on the Privileges and
Immunities of the Specialized Agencies provides for similar protections for the premises,
officials, and representatives of various specialized agencies of the United Nations
16
.
Overall, the inviolability of international organizations is an important aspect of
international law, and is necessary to ensure the effective functioning of these organizations
and their ability to carry out their mandates.
There have been instances where the inviolability of international organizations has been
violated. One prominent example is the 1983 bombing of the United States Marine barracks in
Beirut, Lebanon, which also housed the headquarters of the Multinational Force in Lebanon, a
peacekeeping mission authorized by the United Nations. The attack, which killed 241 U.S.
military personnel and 58 French military personnel, was widely condemned as a violation of
the inviolability of the UN mission's premises
17
.
Another example is the 2003 bombing of the United Nations headquarters in Baghdad,
Iraq, which killed 22 people, including UN Special Representative Sergio Vieira de Mello. The
attack, which was carried out by a suicide bomber, was also widely condemned as a violation
of the inviolability of the UN's premises
18
.
In 2011, NATO forces in Libya bombed a compound in Tripoli that housed the offices of
the International Criminal Court (ICC). The ICC condemned the attack as a violation of the
12
See generally, Vienna Convention on Diplomatic Relations, Apr. 18, 1961, 500 U.N.T.S. 95, art. 22. Retrieved from
https://www.un.org/ru/documents/decl_conv/conventions/dip_rel.shtml
; Vienna Convention on Consular Relations,
Apr. 24, 1963, 596 U.N.T.S. 261, art. 31. Retrieved from
https://legal.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf
; Convention on the Privileges and
Immunities of the Specialized Agencies, Nov. 21, 1947, 33 U.N.T.S. 261, art. 5. Retrieved from
https://treaties.un.org/pages/ViewDetails.aspx?src=IND&mtdsg_no=III-2&chapter=3&clang=_en
13
See generally, Convention on the Privileges and Immunities of the United Nations, Feb. 13, 1946, 1 UNTS XVI, art. 2.
Retrieved from
https://www.un.org/en/ethics/assets/pdfs/Convention%20of%20Privileges-Immunities%20of%20the%20UN.pdf
Convention on the Privileges and Immunities of the Specialized Agencies, Nov. 21, 1947, 33 U.N.T.S. 261, art. 6.
Retrieved from
https://treaties.un.org/pages/ViewDetails.aspx?src=IND&mtdsg_no=III-2&chapter=3&clang=_en
14
See generally, Convention on the Privileges and Immunities of the United Nations, Feb. 13, 1946, 1 UNTS XVI, art. 3;
Convention on the Privileges and Immunities of the Specialized Agencies, Nov. 21, 1947, 33 U.N.T.S. 261, art. 7.
15
Convention on the Privileges and Immunities of the United Nations, Feb. 13, 1946, 1 UNTS XVI, art. 3.
16
Convention on the Privileges and Immunities of the Specialized Agencies, Nov. 21, 1947, 33 U.N.T.S. 261, art. 7.
17
United Nations Security Council, "Resolution 573," Oct. 4, 1985. Retrieved from
https://digitallibrary.un.org/record/101329?ln=en
18
United Nations General Assembly, "Report of the Secretary-General on the Protection of Civilians in Armed
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inviolability of its premises, stating that the bombing “seriously undermines the Court's efforts
to pursue accountability for crimes against humanity and war crimes in Libya.”
19
These examples demonstrate the importance of respecting the inviolability of
international organizations and their premises, and the serious consequences that can result
from their violation.
Despite the widespread acceptance of the inviolability of diplomatic premises, there have
been instances where this principle has been violated or challenged by states or non-state
actors
20
. Such violations can give rise to diplomatic crises, international disputes, or even armed
conflicts
21
. Additionally, concerns have been raised about the abuse of diplomatic inviolability
for criminal activities or espionage
22
, leading to calls for reform or tighter oversight of
diplomatic privileges and immunities
23
.
References:
1.
William Worster, Cases and materials on the Law of International organizations,
Abingdon, Oxon New York, Routledge, 2021. P 450, p-309.
2.
Berridge, G.R. (2010). Diplomacy: Theory and Practice. Basingstoke: Palgrave Macmillan.
3.
I. S. Iskevich, A. V. Podolsky "DIPLOMATIC AND CONSULAR LAW". Publishing house of
FGBOU VPO “TSTU. Tambov 2014. P-39. // И. С. Искевич, А. В. Подольский
«ДИПЛОМАТИЧЕСКОЕ И КОНСУЛЬСКОЕ ПРАВО». Издательство ФГБОУ ВПО «ТГТУ.
Тамбов 2014. Стр-39.
4.
Shaw, M.N. (2017). International Law. Cambridge: Cambridge University Press.
5.
Denza, E. (2016). Diplomatic Law: Commentary on the Vienna Convention on Diplomatic
Relations. Oxford: Oxford University Press.
6.
Denza, E. (2016). Diplomatic Law: Commentary on the Vienna Convention on Diplomatic
Relations. Oxford: Oxford University Press.
7.
Vienna Convention on Diplomatic Relations, Apr. 18, 1961, 23 U.S.T. 3227, 500 U.N.T.S.
95. Article 45
8.
Ya.A.Usikova "Diplomatic immunities and privileges: history and modernity" "Belgorod
State National Research University". Belgorod 2018. Page-12. // Я.А.Усикова
«Дипломатические иммунитеты и привилегии: история и современность»
«Белгородский государственный национальный исследовательский университет».
Белгород 2018. Стр-12.
9.
Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial
Authorities. United States Department of State Office of Foreign Missions Washington, D.C.
20522-2008. Revised August 2018.
10.
Carl Islam “The inviolability of diplomatic and consular premises” Exon (Article p-4).
11.
William R. Slomanson “Fundamental Perspectives on International Law” International
Relations Western State University – Son Diego. P-180-181.
19
International Criminal Court, "ICC Condemns Attack on its Offices in Tripoli," June 15, 2011,
20
Berridge, G.R. (2010). Diplomacy: Theory and Practice. Basingstoke: Palgrave Macmillan.
21
Ibid.
22
Denza, E. (2016). Diplomatic Law: Commentary onthe Vienna Convention on Diplomatic Relations. Oxford: Oxford
University Press.
23
Berridge, G.R. (2010). Diplomacy: Theory and Practice. Basingstoke: Palgrave Macmillan.
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12.
Denza, E. (2016). Diplomatic Law: Commentary on the Vienna Convention on Diplomatic
Relations. Oxford: Oxford University Press.
13.
Resolution of the Cabinet of Ministers of the Republic of Uzbekistan on Measures to
Improve the Legal Framework for the Activities of Foreign Diplomatic Missions and Consular
Posts in the Republic of Uzbekistan, No. 473, 24 August 2019.
14.
Demin Yu.G. "The Problem of Diplomatic Vehicle Immunities". Moscow Journal of
International Law. 1994; (4):99-107 // Дёмин Ю.Г. «Проблема иммунитетов
дипломатических средств передвижения». Московский журнал международного права.
1994; (4):99-107.
15.
Oppenheim JL International law. - T. 1. Polutom 2. - M., 1949. - S. 332; Satow E. Guide to
Diplomatic Practice. - OGPIZ, 1947. - S. 205; Levin D B . Diplomatic Immunity. - M. - L., 1949. - S.
388-389. // Оппенгейм JL Международное право. - T. 1. Полутом 2. - М., 1949. - С. 332; Сатоу
Э. Руководство по дипломатической практике. — ОГПИЗ, 1947. - С. 205; Левин Д Б .
Дипломатический иммунитет. - М. — Л., 1949. - С. 388—389.
16.
Hardy М. Modern diplomatic law. — N.Y., 1968. — Р. 41, 50; Jecny D. Introduction into
diplomatic practice. — Praha, 1968. - P. 46.
17.
Yearbook of International Law Commission. - 1958. - Voi. 2. - P. 98.
18.
Convention on the Privileges and Immunities of the United Nations, Feb. 13, 1946, 1 UNTS
XVI, art. 3; Convention on the Privileges and Immunities of the Specialized Agencies, Nov. 21,
1947, 33 U.N.T.S. 261, art. 7.
19.
Convention on the Privileges and Immunities of the United Nations, Feb. 13, 1946, 1 UNTS
XVI, art. 3.
20.
Convention on the Privileges and Immunities of the Specialized Agencies, Nov. 21, 1947,
33 U.N.T.S. 261, art. 7.
21.
United Nations Security Council, "Resolution 573," Oct. 4, 1985. Retrieved from
