State of Agudia (sending state) had a Consular Post located in a old building in the city centre of the second largest city of Republic of Resland (receiving state) – Sobrano City. On July 20th, 2020 a sudden fire broke out in the premises of that Consular Post. It happened while the Consul-General of that Consular Post – Mr. Fulibano – was absent and nobody could reach him by phone. He did not respond to the phone calls. Firefighters could not wait longer, because they risked that the fire could spread causing irreparable damage. That is why the fire brigade of Republic of Resland decided to enter the premises of the Consular Post of Agudia. As a result, they stopped the fire and rescued the rest of the building. Next day, it turned out that important files (different confidential documents) disappeared from the archives of the Consular Post – it was easy to check, since they were sent by diplomatic correspondence and they were received in the morning of the day when the fire broke out. They were listed as “received”, but they had not been registered yet into the system. This fact raised suspicions that under the pretext of extinguishing the fire, Republic of Resland tried to spy on Agudia and stole files that were within reach. The file were not found until the next day, when one of the firefighters brought them, admitting that he had taken them so that they would not be damaged during the firefighting operation. He said that during the operation he had to enter the archives room, noticed documents on the table, that were not in a steel (fireproof) closet, and then, being tired after the operation, he “forgot to tell his superiors”. Hearing this, the Consul-General got so angry, shouted “You spy!!!” and punched the firefighter twice. After that he was immediately arrested by the Resland police from Sobrano Department.
- Explain, how do you understand the following terms:
- Who are the members of the staff of the diplomatic mission?
- What are the classes of the head of the diplomatic mission?
- Diplomatic privileges and immunities
- Consular post
- Consular functions
- Honorary Consul
- Consular privileges and immunities
- In the abovementioned case:
- Was the inviolability of the premises of the Consular Post of Agudia (located in Sobrano) violated?
- Was the inviolability of the consular archive violated?
- Was the personal inviolability of the Consul-General violated by the police officers of Resland?
Instructions how to answer the questions in written:
- Look through UNCLOS, especially art. 17-19 and 25;
- You have to explain and provide justification for all of your answers, otherwise you will receive less points;
- Question #1 – it is important that you try to explain in your own words how do you understand those terms;
- There is no word limit of your written response, you just have to explain and justify your answers;
- If it is possible, please refer to particular articles of UNCLOS.