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International organisations: accreditation

OF HEADS OF MISSION

A head of mission (or any member of the diplomatic staff of his mis­sion) may act as representative of his state to any international organ­isation, and in this instance the state to which he is accredited need not be informed, nor may it raise any objection.

THE SEAT OF A DIPLOMATIC MISSION

A diplomatic mission is established in the capital of a state; additional offices forming part of the mission may only be established in other parts of the state if special permission is given by that state. In a few instances, e.g. the Netherlands, the diplomatic capital (The Hague) is different from the capital of the country (Amsterdam).

THE SIZE OF A MISSION

The size of diplomatic missions may be agreed on a reciprocal basis; alternatively a state may require that the number of members of a mission should be kept within reasonable limits taking into considera­tion the circumstances and conditions in the host state and the needs of the mission. Within such limits, and provided that the principle of representation by its own nationals is adhered to, a state should be free to appoint whomsoever it wishes to any of its diplomatic missions. In the case of military, naval and air attachés it is within the discretion of the Ministry of Foreign Affairs to require their names to be submitted in advance, and for approval to be obtained before any appointment is made. A state may also refuse to accept officials of a particular cat­egory, provided that the restriction is applied on a non-discriminatory basis to all diplomatic missions in the state.

ACCREDITATION BY MORE THAN ONE STATE

Two or more states may, in exceptional circumstances, accredit the same person as head of mission to another state, unless objection is raised by the receiving state.

DECLARATION OF 'PERSONA NON GRATA' OR

NON-ACCEPTABLE’

A state has the right to declare a head of a mission or member of his diplomatic staff to be unacceptable (persona non grata) and to inform his government accordingly. In this event the diplomat's functions are terminated and he is (unless a national or permanent resident of the state in which he is serving) recalled. If his government takes no such step, the host state may refuse to recognise him as being a member of the mis­sion. The declaration of persona non grata may be made either before or after the diplomat's arrival, and no reasons for it have to be given.

Similarly, members of the administrative and technical staff may be declared non-acceptable.

There are two principal grounds on which a diplomat may be de­clared persona non grata: those which spring from personal weakness, and result in criminal or antisocial behaviour; and deliberate acts hos­tile to the security or other interests of the state, carried out under the cloak of diplomatic immunity. A further possible pretext for a diplomat being so declared is as a retaliation against a state that has declared one of its own diplomats to be persona non grata; but although such prac­tice is contrary to the spirit of international relations, it is regrettably not infrequent.

OBLIGATIONS ACCEPTED BY A HOST STATE

By agreeing to the establishment of a permanent diplomatic mission a state implicitly accepts certain obligations: it must provide such facilities and immunity as will enable the mission to function satisfactorily, and it must grant to those who work in the mission the personal privileges and immunities necessary for them to carry out their functions without fear or hindrance. These obligations are set out in Chapter 5 dealing with ‘Diplomatic privileges and immunities’.

THE CONDUCT OF DIPLOMATIC RELATIONS

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