The Right of the Host State to Expel the Officials

Abstract

One central issue connected with privileges and immunities of international officials relates to the abuse of such privileges and immunities by these officials. Only some headquarters agreements and relevant legal instruments contain provisions on this subject. Thus, Section 25 (I) of the Specialized Agencies Convention provides that officials within the meaning of Section 18 of the Convention shall not be required by the territorial authorities to leave the country in which they are performing their functions, due to any activities undertaken by them in their official capacity. In case of abuse of privileges of residence committed by such officials in their private capacity, they may be required to leave by the Government of that country. According to Section 25 2.(II), “no order to leave the country shall be issued other than with the approval of the Foreign Minister of the country in question, and such approval shall be given only after consultation with the executive head of the specialized agency concerned.” In that eventuality, the executive head of the agency is granted the right to appear on behalf of the international official who has been thus charged. According to Section 25 2. (I), the officials who enjoy diplomatic immunities under Section 21 of the Specialized Agencies Convention, can be required to leave only in accordance with diplomatic procedure applied to diplomatic envoys accredited to the country concerned.