When we hear the term "diplomatic bag," the image that comes to mind is that of a diplomat carrying a small rectangular black bag containing important documents. However, the diplomatic bag is vastly different from this perception. What is the diplomatic bag? To what extent is it immune from inspection? And what are the major violations committed by some countries through the diplomatic bag? This is the realm of international law and human rights.
What is the Diplomatic Bag?
The diplomatic bag is a term that refers to any parcel, box, shipping container, or any other vessel used by a diplomatic mission. The diplomatic bag has no specific size, weight, color, or shape. The term encompasses all types of parcels and correspondence sent and received by embassies or consulates. The diplomatic bag is widely adopted by most countries for the transportation and exchange of highly confidential correspondences. However, it must be noted that the bag is strictly limited to diplomatic documents and materials intended for official use; any non-official items are strictly prohibited.
Immunity of the Diplomatic Bag
According to the Vienna Convention on Diplomatic Relations of 1961, the diplomatic bag enjoys absolute immunity. It cannot be opened or seized as long as it bears visible external marks indicating its diplomatic nature. There is an ongoing debate in international law regarding the possibility of inspecting the diplomatic bag in cases where there is suspicion of carrying suspicious items or posing a threat to the national security of the host country. The current international practice dictates that the bag can only be opened with the permission of the host country's Ministry of Foreign Affairs, in the presence of a representative from the relevant embassy or consulate. However, modern technology has alleviated this concern to some extent, as electronic scanning devices can reveal minimal information about the bag's contents without allowing access to the actual documents.
Carrier of the Diplomatic Bag
The diplomatic bag is typically entrusted to a special messenger who delivers it to its destination. This messenger carries official documentation proving their status and is often referred to as the "carrier of the diplomatic bag" or "diplomatic courier." The courier enjoys personal immunity and cannot be arrested or detained under any circumstances while performing this duty. It should be noted that these immunities take effect as soon as the courier hands over the diplomatic bag to its destination.
Notable Misuses of the Diplomatic Bag
Unfortunately, the diplomatic bag has, in some cases, become a means of committing crimes and transporting prohibited materials rather than serving as a channel for communication between diplomatic missions and countries. One of the most notable incidents occurred in 1984 when the Nigerian government attempted to repatriate a defected minister who had fled to London. The minister was drugged in London and placed in a container labeled "diplomatic bag," but customs officials thwarted the attempt. Other incidents involved diplomats attempting to smuggle luxury watches or weapons through diplomatic bags.
In recent times, in 2020, members of the diplomatic mission of the Italian Embassy in Cairo were implicated in smuggling nearly 22,000 archaeological artifacts from the port of Alexandria using containers labeled as "diplomatic bags."
In any case, it has been established that the diplomatic bag enjoys privileges and facilities related to the diplomatic mission's activities. It is crucial to protect outgoing and incoming correspondence from diplomatic missions while ensuring that its contents remain confidential. At the same time, it should never be used in a manner that threatens the security and sovereignty of other nations.