Immunities and Criminal Proceedings; (Equatorial Guinea v. France)

Abstract

Diplomatic relations — Vienna Convention on Diplomatic Relations, 1961 (“VCDR”) — Article 1(i) — Definition of “premises of the mission” — Circumstances under which a building may acquire status of “premises of the mission” under Article 1(i) of VCDR — Whether consent of receiving State necessary for a property to become “premises of the mission” pursuant to Article 1(i) of VCDR

Treaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Article 1(i) — Vienna Convention on the Law of Treaties, 1969 (“VCLT”) — Customary rules of treaty interpretation — Ordinary meaning — Context — Comparison with VCDR provisions concerning the treatment of diplomatic personnel — Object and purpose — Relevance of VCDR’s preamble to determining its object and purpose — VCDR founded on mutuality and respect between sovereign equals — Whether State practice in relation to the recognition of diplomatic status of premises amounting to subsequent practice within meaning of Article 31(3)(b) of VCLT — Article 1(i) of VCDR requiring the actual use of a building for it to qualify as “premises of the mission” — A receiving State may object to the sending State’s designation of “premises of the mission” — Objection had to be timely, non-arbitrary and non-discriminatory