[GA] Resolution on International Diplomacy
United States of America
- Jul 12, 2018
THE GLOBAL ASSEMBLY
RESOLUTION PROPOSAL FORM
[AUTHOR]: Jesper Nordheim, Norwegian Ambassador to The Global Assembly
[TYPE OF RESOLUTION]: BINDING
[TOPIC OF DISCUSSION]: Resolution on International Diplomacy
CONSIDERING, the importance of international diplomatic relations;
WHEREAS, the world has witnessed the violation of embassies by the Iraqi government;
WHEREAS, the world has witnessed the unlawful detainment of diplomatic personnel by the Iraqi government;
WHEREAS, the respective members of this Assembly recognize that Diplomatic Missions and their personnel are crucial to preserving world peace;
WHEREAS, the respective members of this Assembly recognize that the protection of diplomats is both an ancient right of visitors and duty of hosts;
THEREFORE, this Assembly proclaims this "Resolution on International Diplomacy" as a standard for international diplomatic relation;.
Have agreed as follows:
ARTICLE 1 DIPLOMATIC MISSIONS
1. Diplomatic Missions are a group of people from one state or an organization present in another state to represent the sending state/organization officially in the receiving state. Diplomatic Missions are small areas that a Host Nation designates as a Diplomatic Mission of a Sending Nation, and includes all buildings on it.
a. Diplomatic Missions become the sovereign territory of the Sending Nation.
b. Diplomatic Missions may host up to twenty armed Security Personnel for the purpose of protecting the Mission, and two additional Security Personnel for the purpose of protecting the Head of Mission.
i. Host Nations may increase the number of armed Security Personnel permitted to protect a Mission or the Head of Mission.
ii. Host Nations may prevent the Head of Mission's Security Personnel from bringing weapons off the premises of the Mission.
iii. Security Personnel of the Mission are permitted to carry rifles, automatic rifles, sidearms, bayonets, knives, non-lethal weapons, and other reasonable force to protect the Mission. However, the use of explosives for defensive purposes are strictly forbidden.
2. Diplomatic Missions may not be invaded, occupied, searched, or seized by agents of the Host Nation without the permission of the Sending Nation operating the Mission.
a. Even if the Host Nation is perusing an individual who enters the Diplomatic Mission, they may not invade, occupy, search, or seize the embassy without permission of the Sending Nation operating the Mission.
3. The Host Nation is obligated to protect the Diplomatic Mission from attacks or other dangers.
a. The Host Nation must deploy law enforcement or military personnel, to defend the Diplomatic Mission from such attacks or dangers.
b. The Host Nation must provide firefighting services to the Diplomatic Mission when called upon.
c. The Host Nation must provide medical assistance to the Diplomatic Mission when called upon.
4. The Host Nation is obligated to provide electricity, sewage (plumbing), and potable running water to the Diplomatic Mission as needed.
a. The Host Nation may not shut off utilities in order to pressure a Diplomatic Mission.
5. The Host Nation may temporarily block the entrance to a Diplomatic Outpost to prevent the entry of persons into the Mission.
a. This does not apply to the Head of Mission, their family, or Diplomatic Staff of the Mission.
i. A vehicle carrying the Head of Mission is considered to be an extension of the Diplomatic Mission and therefor cannot be occupied, searched, detained, or seized by agents of the Host Nation. Therefor, anyone riding in a vehicle with the Head of Mission is essentially considered to already be within the Mission.
6. The location and size of the Diplomatic Mission is decided by the Host Nation.
a. The Host Nation may decide to move a Diplomatic Mission, but must give the Sending Nation 30 days advanced notice.
7. The Host Nation must provide safe transport for all Diplomatic Personnel of a Diplomatic Mission to an airport, train station, or an escort for their vehicles to a national border when requested by the Sending Nation or Head of Mission.
ARTICLE 2 HEADS OF MISSION
1. The Head of Mission is the chief diplomat and highest ranking person of the mission (i.e. Ambassador or High Commissioner or person in charge of a Consulate).
2. The Head of Mission and his or her family are granted Diplomatic Immunity by the Host Nation.
a. Diplomatic Immunity is the exemption of any and all domestic laws which also ensures safe passage and therefor makes the person it applies to not susceptible to litigation or prosecution. Such a person with Diplomatic Immunity is entirely secure in his or her person and papers, and may not be detained or arrested.
b. The family of the Head of Mission is defined as his or her spouse and children.
2. The Head of Mission and his or her family may not be arrested or detained without the Head of Mission's permission.
3. The Head of Mission and his or her family are permitted to live within the Diplomatic Mission.
a. The establishment of Ambassadorial Residences, outside of the Diplomatic Mission, must be negotiated between the Host Nation and Sending Nation..
b. Children of the Head of The Mission who are born in the Host Nation do not become citizens of the Host Nation, unless permitted by the Host Nation and agreed to by the Head of The Mission.
4. A briefcase or bag being carried by the Head of Mission may not be detained or searched by the Host Nation.
ARTICLE 3 DIPLOMATIC PERSONNEL AND MISSION STAFF
1. The individuals in the employee of the Diplomatic Mission are to be defined by the following categories:
a. Diplomatic Personnel, who are members of the staff of the Mission who hold a diplomatic rank of the Sending Nation.
b. Mission Staff, who are members of the staff of the Mission who are employed in the administrative and technical service of the Mission.
c. The Host Nation must allow the Mission to maintain a minimum of at least 20 Diplomatic Personnel, 30 Mission Staff, and 22 Security Personnel.
d. The Host Nation may not require that Mission Staff be of the Host Nation's nationality.
e. Mission Staff do not have Diplomatic Immunity, except for the personal secretary of the Head of Mission.
2. Security Personnel are to be considered part of the Mission Staff.
a. Security Personnel do not have Diplomatic Immunity, except for the Head of Security for the Mission and the personal security detail of the Head of Mission.
i. The exception to this immunity is that the Host Nation may limit the carrying of weapons by the personal security detail of the Head of Mission.
ii. A member of the personal security detail who violates these limitations may be subject to arrest by the Host Nation.
iii. The Head of Security is the individual who is in charge of the safety and security of the Mission.
ARTICLE 4 VISITING HEADS OF STATE AND GOVERNMENT
1. Visiting Heads of State and Heads of Government, as well as their spouses, are given diplomatic immunity whilst visiting a Host Nation.
a. A Host Nation's government must provide safe passage throughout their country to a visiting Head of State or Head of Government.
a. A Host Nation's government reserves the right to refuse entry to any Head of State or Head of Government to their country.
2. An aircraft or seafaring vessel in distress which is carrying a Head of State or Head of Government must be rendered assistance when in distress.
a. The aircraft of a Head of State or Head of Government which declares an emergency or issues a "Mayday" call while in or near a Host Nation's territorial waters or airspace must be given priority in landing at a local airport. In this case, a Host Nation may not refuse entry to the involved Head of State or Head of Government.
b. A seafaring vessel carrying a Head of State or Head of Government which issues a "Mayday" or "S.O.S." call while in or near a Host Nation's territorial waters must be given priority in docking at a safe port. The Host Nation must, within its capabilities, offer the assistance of its Coast Guard, Navy, or Air Force. In this case, a Host Nation may not refuse entry to the involved Head of State or Head of Government.
ARTICLE 5 PERSONA NON GRATA
1. At any time, the Host Nation's government may declare any individual with Diplomatic Immunity currently residing within their country a "Persona Non Grata".
a. To declare an individual 'Persona Non Grata', the Host Nation's government must directly inform the Foreign Ministry (or equivalent) of the nation which said individual is a citizen of.
i. Once the Foreign Ministry (or equivalent) of the nation which said individual is a citizen of has been informed, said person is now a Persona Non Grata. From that moment, the individual has 24 hours to leave the country. After this time expires, they no longer have Diplomatic Immunity.
ii. A Host Nation may not purposely hinder the exit of an individual declared Persona Non Grata so that they can arrest them.
b. If a Host Nation declares 5 people from the same nation Persona Non Grata within a 24 hour period, then all subsequent individuals from that country who are declared Persona Non Grata within the next 24 hours enjoy an additional 24 hours time in being able to leave the Host Nation.
ARTICLE 6 CLOSING A MISSION
1. If a Host Nation desires to close a Diplomatic Mission, they must first directly inform the Head of Mission, and the Foreign Ministry (or equivalent) of the Sending Nation's government, and do so 48 hours before the Mission is to be closed.
a. When this notice is given, the Head of Mission, his or her Family and the Diplomatic Personnel of the Mission are automatically declared Persona Non Grata, however they have until the embassy closes (48 hours) to leave the country.
b. It is the duty of the Host Nation to provide safe passage to the Head of Mission, his or her Family, the Diplomatic Personnel of the Mission and the Mission Staff of the Mission, and any other individuals inside the mission to an airport, train station, or national border (at the discretion of the Head of Mission).
i. The Host Nation shall not hamper the exit of these individuals so that they may be arrested or detained.
c. Once a Diplomatic Mission is closed, it ceases to be the sovereign territory of the Sending Nation, and becomes the sovereign territory of the Host Nation again.
i. Therefor, everything inside of the Mission after it has been closed becomes the property of the Host Nation.
ARTICLE 7 SPECIAL CIRCUMSTANCES AND CONDITIONS
1. A Host Nation that formally and officially declares war the Sending Nation which has a Diplomatic Mission within it (or visa versa) must still take the normal procedures in closing the mission, as they are outlined in Article 6.
a. Even if war is declared, the Host Nation may not detain or arrest Diplomatic Personnel or Mission Staff as Prisoners of War until their allotted time to leave the country, as described in Article 5, expires.
2. A Diplomatic Mission is required to fly it's national flag prominently from the main Mission building during daylight hours.
3. The Secretary General and Deputy Secretary General of The Global Assembly are treated as Heads of State when traveling abroad, as described in Article 4, and therefor enjoy Diplomatic Immunity.
a. All individuals in the possession of a Global Assembly Passport are to enjoy Diplomatic Immunity.
4. All individuals with Diplomatic Immunity must carry their passport at all times when in the Host Nation in order to prove their identity and Diplomatic Immunity.
5. This resolution and its contents do not apply to sovereign countries or entities who are not members of the Global Assembly. Host Nations are not required to enforce this resolution to countries who do not have membership in the Global Assembly.
a. Host Nations who have Diplomatic Missions with sovereign countries or entities who are not members of the Global Assembly are encouraged to set up their own rules and guidelines for diplomacy with said nation, or simply copy this resolution.
Final Version will be amended to conform to the Global Assembly's universal format.
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