Draft Articles on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier and draft optional protocols . . . . . . . . . .


Article 1: Status of the Diplomatic Courier1.1. The diplomatic courier shall enjoy inviolability and immunity in the performance of their duties. They shall be granted safe passage through the territories of all states, subject to applicable international agreements and conventions.1.2. The diplomatic courier, while in possession of official documents or items intended for diplomatic purposes, shall be exempt from customs inspection, search, and seizure. The receiving state shall not interfere with the courier’s freedom of movement, unless there are compelling security concerns or in exceptional circumstances as defined by international law.1.3. The sending state shall ensure that the diplomatic courier is provided with the necessary credentials and identification documents, indicating their official capacity. These documents shall be recognized and respected by all states through which the courier passes.1.4. The diplomatic courier shall be subject to the laws and regulations of the receiving state to the extent necessary for the maintenance of public order and security. However, the receiving state shall not impede or delay the performance of the courier’s duties unless there are reasonable and justifiable grounds.Article 2: Diplomatic Bag Not Accompanied by Diplomatic Courier2.1. The diplomatic bag, when not accompanied by a diplomatic courier, shall be accorded the same inviolability and immunity as when in the possession of a diplomatic courier.2.2. The receiving state shall ensure the protection and safekeeping of the diplomatic bag until it is collected by an authorized representative of the sending state.2.3. The sending state shall provide detailed information regarding the contents of the diplomatic bag to the receiving state, including a list of items and their descriptions, prior to its arrival.2.4. The receiving state may request further verification or inspection of the diplomatic bag if there are reasonable grounds to believe that it contains items that are not covered by the privileges and immunities accorded to diplomatic bags.2.5. The sending state shall bear the responsibility for any violation of the inviolability of the diplomatic bag or for any abuse of its use.Draft Optional Protocol: Enhanced Security Measures for Diplomatic Couriers and BagsPreamble:Recognizing the importance of ensuring the safety and security of diplomatic couriers and bags, the parties to this Protocol agree to adopt enhanced security measures to protect against potential threats to diplomatic missions and personnel.Article 1: Security Screening and Training1.1. The sending state shall implement rigorous security screening procedures for diplomatic couriers, including background checks and vetting processes, to ensure the integrity and trustworthiness of individuals carrying diplomatic documents and items.1.2. The sending state shall provide comprehensive training programs for diplomatic couriers to enhance their awareness of security risks, emergency response procedures, and best practices for safeguarding diplomatic materials.Article 2: Technological Advancements2.1. The parties shall encourage the development and utilization of advanced technological systems, such as tamper-proof seals, tracking devices, and encryption methods, to enhance the security and traceability of diplomatic bags.2.2. The sending and receiving states shall collaborate in the exchange of information and expertise on emerging security technologies and practices related to the transportation and handling of diplomatic bags.Article 3: Cooperation and Information Sharing3.1. The parties shall foster increased cooperation and information sharing between relevant law enforcement and security agencies to effectively respond to potential threats or breaches involving diplomatic couriers or bags.3.2. The parties shall establish communication channels and protocols to facilitate the prompt exchange of information and coordination in case of emergencies or incidents affecting diplomatic missions or personnel.Article 4: Reporting and Accountability4.1. The sending state shall promptly report any loss, theft, or unauthorized access to diplomatic bags to the receiving state, enabling joint investigations and appropriate measures to be taken.4.

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