Onder 6.3 Parket bij de Hoge Raad 18 oktober 2016

“Finally, Article 38 debarred from all privileges and immunities (beyond the minimum of immunity for diplomats in regard to their official acts) nationals and permanent residents of the receiving Sate. (…) Nationals and permanent residents of the receiving State are much less likely to be career diplomats and the justification for according them extensive tax and customs privileges as well as exemption from social security obligations is correspondingly weaker. In general, they are unlikely to be harassed for political motives. (…) So long as nationals and permanent residents of the receiving State are accorded immunity for their official acts, their effectiveness in carrying out their functions is safeguarded. (…) the effect in most States was to decrease the privileges and immunities enjoyed by diplomats, other members of diplomatic missions, and their families. The unifying thread which ran through all these changes was the attempt to ensure, in the words of the Preamble of the Convention, ‘that the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions as representing States’. The functional approach was not regarded by those who prepared the Convention as merely an academic rationale – it guided them at every crucial point. The general effect was to tighten the protection given to the mission itself – its premises, communications, property, and archives. On the other hand, it reduced the occasions when privilege or immunity could be invoked in regard to essentially private activities of individuals, and it reduced the protection and privileges of junior members of the mission and of those who belonged to the receiving State.”

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