ABSTRACT
It is clear that the privileges of diplomats are linked by Art 41(3) to the legitimate functions of the mission. It is equally clear that the diplomat is obliged not only to respect the laws of the receiving state but not to interfere in the affairs of that state.83 The wording of the Article indicates that the duty of diplomats to obey internal laws is ‘without prejudice to their privileges and immunities’. Thus, on the conventional interpretation abuse by a diplomat does not entail the loss of privilege. The reason for this is to protect the diplomat from any attempt by an unscrupulous receiving state to fabricate evidence and promote a case with the object of securing some form of advantage. The interpretation is of limited relevance because if cogent evidence exists of abuse by a diplomat most states will not hesitate to declare the individual persona non grata under Art 9.
