The principle of inviolability of established diplomatic missions and the international responsibility of states in violation of obligations related to this principle

Evolved from the periods when diplomatic relations were conducted on an ad hoc basis to the establishment of permanent diplomatic missions today, diplomatic inviolability is among the oldest principles of international law. This principle is codified comprehensively in the 1961 Vienna Convention on Diplomatic Relations which is accepted by the vast majority of states. However, the frequent use of the term "privileges and immunities" in the Convention makes it challenging to understand the legal framework of the inviolability principle, leading to confusion in terminology in the legal literature. For this reason, the study aims to determine the boundaries of the legal scope of the principle of diplomatic inviolability that seperate it from privileges and immunities. In examining the legal regime of diplomatic inviolability, it has been necessary to critique various issues identified in the study which were overshadowed or unregulated in the 1961 Vienna Convention adopted during the tensions of the Cold War, such as the concept of family members, access to diplomatic mission buildings in emergencies without the mission chief's permission, electronic scanning of diplomatic bags, and the problem of people "buying" the title "diplomat" to avoid punishment after committing a crime. This critique indicates that the 1961 Vienna Convention contains missing or conflicting provisions and needs to be revised. Violation of the obligations related to diplomatic inviolability, the legal scope of which is determined in the study, may lead to the international responsibility of states. In this regard, circumstances precluding wrongfulness such as consent, force majeure, necessity, and countermeasures also had to be examined. In addition, the decisions of the UN Security Council under Article 41 of the UN Charter regarding measures that do not involve the use of force that lead to the violation of the obligations regarding diplomatic inviolability for states that comply with these decisions should be considered as a circumstance precluding wrongfulness. In this regard, in order to end or eliminate the injury resulting from violation of the obligations regarding diplomatic inviolability, forms of reperation such as performance of the obligation, cessation of the internationally wrongful act, restitution, compensation or apology may be applied. Keywords 1961 Vienna Convention on Diplomatic Relations, Principle of Diplomatic Inviolability, Diplomatic Mission, International Responsibility of States, Legal Justifications.