ABSTRACT

This chapter presents an analysis of the decision of the International Court of Justice in the Tehran Hostages Case and also considers questions relating to the practical implementation of the special duty of protection. The resolution was passed unanimously, highlighting the importance placed on the security and protection of diplomatic personnel even during the height of the Cold War. The chapter examines that state practice with a view to determining whether states are, in fact, required to do more than simply react to on-going attacks or threats. It illustrates that the so-called duty of protection incumbent on receiving states by virtue of the relevant provisions of the Vienna Conventions on Diplomatic and Consular Relations provides, at best, an illusion of protection. The protection of diplomatic personnel of foreign states remains an important element in the legal framework providing for the protection of diplomatic personnel.