lecture recording on 14 March 2025 at 10.43.51 AM

Immunity and Diplomacy

• There is a long tradition of giving immunity to diplomats.

• The relevance of diplomacy relates to the citizens of a third state.

• Visa requirements direct travelers to the consulate for necessary documents.

Freedom of Speech in Diplomacy

• Diplomats have freedom of speech, but actions causing significant reactions from host nations may result in expulsion.

• Example: A friend faced consequences for speaking out in a foreign country.

International Affordability

• The process of international affordabilities includes assessing whether actions are attributable to a state.

• Example: European Union raising tariffs—attribution is essential to determine the state’s protective actions against risks.

• Traveling involves security checks at the airport, typically administered by airline personnel.

Legal Framework of State Responsibility

Types of Damage

• There are three main forms of addressing damage in international law: restitution, compensation, and satisfaction.

Importance of Attribution

• An action or omission must be linked to a state’s obligations to establish responsibility.

• Military discipline and state responsibility are emphasized, particularly during organized military actions.

• Example of Nicaragua versus the US highlighted issues of sovereignty and state actions.

Special Circumstances and Official Actions

• If an official representative acts beyond expected behavior, the state may still bear responsibility if the action appears official.

• In dire situations, such as military commands that violate international law, attribution to the state remains even if those orders are illegal.

Historical Context: Iran Hostage Crisis

• In 1979, Iranian protesters stormed the US embassy in Tehran and took hostages, marking a pivotal moment in US-Iran relations.

• Background:

  • U.S. interference in Iranian politics dated back to 1953, toppling Prime Minister Mossadegh and installing the unpopular Shah.

  • The Shah’s departure led to the Iranian Revolution and anti-American sentiment, culminating in the embassy seizure.

• Following the Shah’s arrival in the US for medical treatment, outrage ensued in Iran, prompting the hostage crisis.

Timeline of Hostage Crisis

• November 4, 1979: US embassy attacked; 66 taken hostage.

• The US government demanded the release, but negotiations faltered, and assets were frozen.

• President Carter’s failed rescue mission in April 1980 highlighted administrative weaknesses.

• The crisis ended with the hostages’ release on January 20, 1981, coinciding with Reagan's inauguration.

Analysis of State Responsibility

• The Iranian government bore responsibility for the hostage crisis despite the chaotic political environment.

• Students supporting the hostage situation demonstrated a collective sentiment against the US, complicating diplomatic relations.

• The establishment of a commission to address reparations remains relevant in discussions of international accountability.

Complicity in State Actions

• Complicity involves multiple states potentially sharing responsibility for actions taken that violate international norms.

• State actions must be conscious and against the law to qualify as complicity.

• Example: A treaty between Poland and Russia for natural gas requires scrutiny of each state's roles in the agreements.