Draft Articles on the status of the diplomatic courier and the diplomatic bagnot accompanied by diplomatic courier and draft optional protocols

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Article 1: Status of the Diplomatic Courier

  1. The diplomatic courier shall enjoy the highest level of protection and immunity in the performance of their duties.
  2. The diplomatic courier shall be granted safe passage and unhindered movement in the territory of the sending and receiving states.
  3. The diplomatic courier’s official duties shall include the transport of diplomatic pouches, documents, and other materials of an official nature between diplomatic missions.
  4. The diplomatic courier shall be designated by the sending state and shall carry proper identification and documentation provided by the sending state.
  5. The diplomatic courier’s personal inviolability shall be respected at all times, and they shall not be liable to arrest, detention, or prosecution for acts performed in the course of their duties.
  6. The sending state shall ensure the security and confidentiality of the materials carried by the diplomatic courier, and no unauthorized search or seizure of the diplomatic pouch shall be permitted.

Article 2: Status of the Diplomatic Bag not Accompanied by Diplomatic Courier

  1. The diplomatic bag, when not accompanied by a diplomatic courier, shall still be afforded the same level of protection and immunity as when carried by a diplomatic courier.
  2. The diplomatic bag shall be clearly marked as such and bear visible external seals or markings indicating its official nature.
  3. The diplomatic bag shall be immune from inspection, search, or seizure by the authorities of the sending and receiving states.
  4. The diplomatic bag shall only contain diplomatic or consular documents or articles intended for official use. It shall not contain any prohibited items or materials inconsistent with its official nature.
  5. The sending state shall ensure the security and confidentiality of the diplomatic bag during transportation and shall take all necessary measures to prevent its tampering or unauthorized access.
  6. The receiving state shall promptly forward the diplomatic bag to the intended recipient at the diplomatic mission without interference or delay.

Draft Optional Protocol: Strengthening the Protection of Diplomatic Couriers and Diplomatic Bags

Preamble:
Recognizing the need to enhance the protection and security of diplomatic couriers and diplomatic bags,

Acknowledging the importance of the efficient and secure exchange of diplomatic communications between states,

Emphasizing the principle of inviolability of diplomatic couriers and diplomatic bags as enshrined in international law,

Hereby adopt the following provisions:

Article 1: Strengthening Security Measures

  1. States Parties shall take appropriate measures to ensure the physical security of diplomatic couriers and diplomatic bags, including the use of secure transportation methods, advanced tracking systems, and modern encryption technologies.
  2. States Parties shall provide comprehensive training and guidelines to diplomatic couriers regarding security protocols, emergency procedures, and the handling of sensitive materials.

Article 2: Cooperation and Assistance

  1. States Parties shall cooperate with each other to prevent and combat any acts of violence, terrorism, or other criminal activities targeting diplomatic couriers or diplomatic bags.
  2. States Parties shall provide mutual assistance and exchange information regarding any threats, incidents, or breaches concerning diplomatic couriers or diplomatic bags.

Article 3: Accountability and Sanctions

  1. States Parties shall hold accountable any individual or entity that unlawfully interferes with or violates the inviolability of diplomatic couriers or diplomatic bags.
  2. States Parties shall impose appropriate sanctions and penalties on those found guilty of unauthorized opening, tampering, or seizure of diplomatic bags, in accordance with their national laws and international obligations.

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