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Document:- A/CN.4/166 Report on Special Missions by Mr. Milan Bartoš, Special Rapporteur Topic: Special missions Extract from the Yearbook of the International Law Commission:- 1964 , vol. II Downloaded from the web site of the International Law Commission (http://www.un.org/law/ilc/index.htm) Copyright © United Nations SPECIAL MISSIONS [Agenda item 4] DOCUMENT A/CN4/166 Report on Special Missions by Mr. Milan Bartos, Special Rapporteur [Original text: French] [1 April 1964] CONTENTS Page PRELIMINARY NOTE 69 INTRODUCTION 1. History of the idea of defining the rules relating to ad hoc diplomacy in the United Nations .. 69 2. Object of this report and the practical importance of the question 70 3. Preliminary question: should the rules governing special missions cover the regulation of the legal status of delegations and delegates to international conferences and congresses ? 73 4. Preliminary question: with respect to special missions, should there or should there not be an additional protocol to the Vienna Convention on Diplomatic Relations or a special draft linked to that Convention by a reference clause ? 74 5. Is it possible in this connexion to seek historical continuity with the rules relating to special missions which formerly existed (explanation of the method to be used in seeking sources) ? .. 74 6. Are there or are there not any rules of positive public international law concerning special missions ? 75 7. Controversies concerning the concept of special missions 80 8. Some special aspects of special missions 83 A. Special missions with ceremonial functions 83 . B. Ad hoc diplomacy with special functions 83 C. The ad hoc diplomat as messenger 84 D. Secret emissaries 85 , E. Observers as ad hoc diplomats 86 F. Ambassadors at large 87 G. The suite of a Head of State considered as an ad hoc mission 87 H. Political agents not possessing diplomatic status 87 I. Private agents 88 DRAFT ARTICLES ON SPECIAL MISSIONS 89 Article 1: 89 Commentary 89 Article 2 : The assignment of a special mission 90 Commentary 90 Article 3 : Appointment of the head and members of the special mission 90 Commentary 91 Article 4: Persons declared persona non grata 91 Commentary 91 Article 5 : Appointment of a special mission to more than one State 92 Commentary 92 Article 6 : Composition of the special mission 93 Commentary 93 Article 7 : Notification of arrival and departure 94 Commentary 95 67 68 Yearbook of the International Law Commission* Vol. II CONTENTS (continued) Page Article 8: Precedence 95 Commentary 95 Article 9 : Precedence among special ceremonial and formal missions 98 Commentary 98 Article 10: Commencement of the function of the special mission 99 Commentary 99 Article 11: End of the function of the special mission 100 Commentary 100 Article 12: Seat of the special mission 101 Commentary 101 Article 13: Nationality of the head and the members of the special mission 101 Commentary 101 Article 14: Intercourse and activities of special missions in the territory of a third State 102 Commentary 102 Article 15: Right of special missions to use the flag and armorial bearings of the sending State 103 Commentary 103 Facilities, privileges and immunities General considerations 103 Article 16: General facilities 106 Commentary 106 Article 17: Accommodation of the mission and its members 107 Commentary 107 Article 18 : Inviolability of the premises of the special mission 107 Commentary 107 Article 19 : Inviolability of archives and documents 108 Commentary 108 Article 20: Free movement 108 Commentary 108 Article 21: Freedom of communication 109 Commentary 109 Article 22: Exemption of the mission from taxation 110 Commentary 110 Article 23: Inviolability of the property of the special mission 110 Commentary 110 Article 24: Personal inviolability 110 Commentary 110 Article 25: Inviolability of residence Ill Commentary Ill Article 26: Immunity from jurisdiction Ill Commentary Ill Article 27: Exemption from social security legislation 112 Commentary 112 Article 28: Exemption from personal services and contributions 113 Commentary 113 Article 29: Exemption from customs duties and inspection 113 Commentary 113 Article 30: Status of family members 114 Commentary 114 Article 31: Status of personal servants 115 Commentary 115 Article 32: Privileges and immunities of nationals of the receiving State 116 Commentary 116 Article 33 : Duration of privileges and immunities 116 Commentary 116 Article 34 : Death of the head or a member of the special mission or of a member of its staff .. 116 Commentary 116 Special Missions CONTENTS (continued) Page Article 35: Enjoyment of facilities, privileges and immunities while in transit through the territory of a third State 117 Commentary 117 Article 36: Professional activity 117 Commentary 117 GENERAL AND FINAL CLAUSES 117 Preliminary note very particularly that there were questions relating to ad hoc diplomacy, that is to say, to temporary envoys 1. In submitting this report, the Special Rapporteur entrusted with special missions for limited purposes, wishes to make the following points clear: which should not be considered as identical with (a) This should be viewed as a preliminary, not resident diplomacy. The Commission decided at its a final, report, for the question is one on which no eleventh session (1959) to include the question of clearly defined solutions have crystallized either in ad hoc diplomacy as a special topic on the agenda the literature or in the precedents and, consequently, of its twelfth session (1960). the Commission will have to be consulted before 4. Mr. A. E. F. Sandstrom, the Special Rapporteur of definitive positions and decisions are adopted. the Commission, submitted his report2 to the twelfth (b) There are no world-wide established precedents session, and on the basis of this report the Commission on a number of problems covered by this subject, took decisions and made recommendations for the rules and practice is very varied, differing from one concerning special missions. The Commission's draft country to another; it is therefore difficult to refer was very brief. It took the view that the rules on authoritatively to existing solutions. This explains diplomatic relations in general prepared by the Com- the absence of quotations from established sources mission should on the whole be applied to ad hoc in previous statements of specific positions. The diplomacy by analogy. The Commission expressed the Special Rapporteur considers it his duty to make opinion that this brief draft on ad hoc diplomacy based this preliminary observation. on the idea of applying the general rules by analogy (c) Accordingly, this report for the Commission's should also be transmitted to the Conference on 1964 session should not be regarded as final, nor Diplomatic Intercourse and Immunities which was to should it be assumed that the Special Rapporteur convene at Vienna in the spring of 1961. But the has decided not to make further additions and Commission nevertheless stressed that it had not been corrections. able to give this subject the thorough study it would id) The purpose of this report is to raise a number normally have done. For that reason the Commission of problems, to place them before the Commission regarded its draft as only a preliminary survey, carried with a view to obtaining from it suggestions and out in order to put forward certain ideas and suggestions which could be taken into account at the Vienna instructions for the preparation of the final draft. 3 Conference. 2. Since we are dealing with a new question so far 4 as the establishment of rules is concerned and indeed 5. At its plenary meeting on 12 December I960 a new phenomenon in international relations, the Special the United Nations General Assembly decided, on the Rapporteur felt that some questions should be put recommendation of the Sixth Committee, that these draft forward and explained in greater detail than usual, so articles should be referred to the Vienna Conference that the members of the Commission might be better with the recommendation that the Conference should informed about them. consider them together with the draft articles on diplomatic intercourse and immunities. The Vienna Conference placed this question on its agenda and 5 Introduction appointed a special Sub-Committee. 6. The Sub-Committee noted that these draft articles 1. History of the idea of defining rules relating did little more than indicate which of the rules on to ad hoc diplomacy in the United Nations permanent missions applied to special missions and 3. In discussing whether it was necessary to define on a modern basis the rules relating to diplomatic * Yearbook of the International Law Commission, I960, relationsx the International Law Commission noted vol. n, p. 108. 8 Ibid., p. 179. 4 1 The question was raised in the United Nations General Resolution 1504 (XV). Assembly by Yugoslavia, and, on the Iatter's proposal, it was 5 The Sub-Committee was composed of the representatives referred to the International Law Commission of the United of Ecuador, Iraq, Italy, Japan, Senegal, USSR, United Kingdom, Nations, which was asked to find a solution. This initiative led United States of America, and Yugoslavia. See the Sub- to the adoption of the Vienna Convention on Diplomatic Committee's report in United Nations Conference on Diplomatic Relations in 1961. Intercourse and Immunities, 1961, Official Records, vol. II. Yearbook of the International Law Commission, Vol. II which did not. The Sub-Committee adopted the view the status of representatives

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