Illegality of an Iranian Trial of U.S. Diplomatic Personnel

9D November 18, 1979 Illegality of an Iranian Trial of US Diplomatic Personnel If the Government of Iran were to allow American diplomatic officers to be placed on trial, it would act in flagrant and unprecedented violation of inter- national law. A receiving state has no right, in any circumstances, to prosecute diplomatic envoys without the consent of the sending state. Article 29 of the Vienna Convention on Diplo- matic Relations of 1961 codifies customary inter- national law in this respect. Iran and the United States are parties to this Treaty, which has near universal adherence. Article 29 provides : "The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.' Article 37 confirms that this same immunity applies to the administrative and technical staff of our embassy (which includes our Marine guards). . This principle of inviolability has been de- scribed as "the oldest established and the most fundamental rule of diplomatic law. E. Denza, Diplomatic Law 135 (1976) It applies regardless of the nature of the alleged crime. Under centuries of customary international law, if a diplomatic agent "became involved in conspiracies against the sovereign of the receiving State, State practice confined itself to his expulsion. He could on no account be tried or punished. DECLASSIRED Per; Rac Project ESDN; NLC- 6-32-3-7-9 BY. a NARA, DAJE 7/21/15