Under Article 27(5) of the Vienna Convention on Diplomatic Relations (VCDR), a diplomatic courier, who must be provided with an official document indicating his status and the number of packages constituting the diplomatic bag, shall be protected by the receiving State in the performance of his functions, shall enjoy personal inviolability and shall not be liable to any form of arrest or detention. Such couriers are known as “professional” diplomatic couriers. They do not lose their inviolability on delivery of the bag (should they remain in the receiving State for a substantial period of leave, their inviolability would lapse, but would be revived upon being entrusted with another diplomatic bag). Under Article 27(6) of the VCDR, the sending State or the mission may designate “diplomatic couriers ad hoc”. The provisions of Article 27(5) apply to ad hoc couriers, except that their immunities cease once they have delivered the diplomatic bag to its consignee.
Diplomatic bags
Article 27(3) of the VCDR simply states that “The diplomatic bag shall not be opened or detained”. Article 27(4) goes on to say that “The packages constituting the diplomatic bag must bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use”. There is no limit on the size or weight of diplomatic bags and no definition of what constitutes articles intended for official use (in some cases these may be large items of equipment). The UK takes the view that because Article 41 of the VCDR requires persons enjoying privileges and immunities under the Convention to respect the laws and regulations of the receiving State, the diplomatic bag may not be used to transport items which are prohibited by UK law, whether or not it is claimed that they may be for “official use”.
If there is serious reason to believe that a diplomatic bag contains prohibited items, our practice would be to request that the bag be opened in the presence of the UK authorities by a representative of the sending State. If the request is refused, the bag would be returned to its place of origin. Our position on the electronic scanning of diplomatic bags is that this should not be done by the UK authorities. However, it is for the sending State to decide whether or not to submit a diplomatic bag to scanning where an airline or other carrier insists on this as a condition of carriage. Such a condition does not breach the VCDR.
The Government said in its 1985 Review of the VCDR that where the evidence is good that the contents of a diplomatic bag might endanger national security or the personal safety of the public or of individuals, it will not hesitate to take the necessary action (such as opening the diplomatic bag) on the basis of the overriding right of self-defence or the duty to protect human life.