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Old Saturday, September 20, 2008
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Post 2nd world war developments: These are as follows:

1. The establishment of a large numbers of permanent international institution as organizations, for example, the United Nations Organization, World Health Organization, etc.

2. The movements to protect human rights and fundamental freedoms of individuals.

3. The erection of new rules for the punishment of persons committing international crimes of genocide or race destruction.

J. G. Starke’s view - states are principally subject but include individuals and non-state entities: According to Starke and other modern jurists, International Law is primarily concerned with the rights and duties of states but this does not mean that no other entity or person can be subject of the law. They include individual and non-state entities as subject of International Law.

Nuremberg and Tokyo international tribunals 1946 & 1948: The judgements of the Nuremberg and Tokyo tribunals whereby individuals were found guilty of certain acts declared to be international crimes, namely:

1. Crimes against peace and humanity and

2. Conspiracy to commit these crimes.

According to the Nuremberg Tribunal: It was observed that “crimes against International Law are committed by men, not by abstract entities and only by punishing individuals who commit such crimes are the provisions of International Law be enforced.”

Deznig Railway Official’s Case: In this era permanent International Court of Justice observed that if by a particular treaty the parties intended to confer rights on individuals, then these rights should receive recognition and effect at International Law, that is to say from an International Court of Justice.

Conclusion: To sum up, it may be said that:

1. Under modern practice: Individuals and non-state entities enjoy rights and become subject to duties directly under International Law.

2. The interest of individuals: Their fundamental rights and freedoms, etc. have become primary concern of International Law.

The developments of modern era appear to show the theory that states are the exclusive subject of International Law cannot be accepted today as accurate in all respects, although it may be a good working generalization for a practical international lawyer.

Diplomatic agents: In order to develop relationship states send their representatives to other states. These representatives are called diplomatic agents.

Diplomatic agents in other states are called officials or recognized representatives.

Ambassador is a person who is sent to abroad to take care of interest of his state.

Kinds of agency: There are two kinds of agencies, i.e., formal representatives and political representatives. Political representatives have further two kinds, i.e., interim representation and permanent representation.

Classification of diplomatic agents: There are four broad classifications of diplomatic agents, i.e., ambassador, extra ordinary envoy, minister resident, and charge affairs.

Appointment of diplomats: Following is the procedure for the appointment of diplomats:

1. Appointment letter.

2. Welcome of diplomats.

3. Duties of diplomats:

a) Talks and relationship.

b) Awareness of circumstances.

c) Observation.

d) Protection of interests.

e) Protection of his nationals within limits of International Law.

f) Explanation of state’s policies.

g) Conversation for extradition.

Immunities available to diplomats: Diplomats enjoy following immunities:

1. Protection of diplomatic envoys.

2. Fundamentals of diplomatic immunities.

3. Immunity from criminal jurisdiction.

4. Immunity from civil and administrative jurisdiction.

5. Immunity from giving evidence.

6. Immunity as to residence.

7. Immunity from police rule.

8. Immunity from arrest and detention.

9. Right of worship.

10. Right of self-jurisdiction.

11. Freedom of communication.

12. Freedom of movement.

13. Exemption from taxes.

14. Right of diplomatic asylum.

15. Duration of immunities and facilities.

16. Travelling facilities.

Termination of diplomatic mission: Diplomatic mission may be terminated on the following ways:

1. Call back by Head of State.

2. Termination of Head of the State.

3. Completion of mission.

4. To preserve peace and prosperity.

5. In case of death.

6. Persona non grata.

7. In case of undesirable act.

8. Drastic change in country or change of Head of State.

9. Merger or extinction of state.
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