[738] The point is thoroughly discussed by Beling, "Die strafrechtliche Bedeutung der Exterritorialität" (1896), pp. 71-90.
History records many cases of diplomatic envoys who have conspired against the receiving States, but have nevertheless not been prosecuted. Thus, in 1584, the Spanish Ambassador Mendoza in England plotted to depose Queen Elizabeth; he was ordered to leave the country. In 1586 the French Ambassador in England, L'Aubespine, conspired against the life of Queen Elizabeth; he was simply warned not to commit a similar act again. In 1654 the French Ambassador in England, De Bass, conspired against the life of Cromwell; he was ordered to leave the country within twenty-four hours.[739]
[739] These and other cases are discussed by Phillimore, II. §§ 160-165.
Limitation of Inviolability.
§ 388. As diplomatic envoys are sacrosanct, the principle of their inviolability is generally recognised. But there is one exception. For if a diplomatic envoy commits an act of violence which disturbs the internal order of the receiving State in such a manner as makes it necessary to put him under restraint for the purpose of preventing similar acts, or in case he conspires against the receiving State and the conspiracy can be made futile only by putting him under restraint, he may be arrested for the time being, although he must in due time be safely sent home. Thus in 1717 the Swedish Ambassador Gyllenburg in London, who was an accomplice in a plot against King George I., was arrested and his papers were searched. In 1718 the Spanish Ambassador Prince Cellamare in France was placed in custody because he organised a conspiracy against the French Government.[740] And it must be emphasised that a diplomatic envoy cannot make it a point of complaint if injured in consequence of his own unjustifiable behaviour, as for instance in attacking an individual who in self-defence retaliates, or in unreasonably or wilfully placing himself in dangerous or awkward positions, such as in a disorderly crowd.[741]
[740] Details regarding these cases are given by Phillimore, II. §§ 166 and 170.
[741] See article 6 of the rules regarding diplomatic immunities adopted by the Institute of International Law at its meeting at Cambridge in 1895 (Annuaire, XIV. p. 240).
IX EXTERRITORIALITY OF DIPLOMATIC ENVOYS
Vattel, IV. §§ 80-119—Hall, §§ 50, 52, 53—Westlake, I. pp. 263-273—Phillimore, II. §§ 176-210—Taylor, §§ 299-315—Twiss, I. §§ 217-221—Moore, II. §§ 291-304 and IV. §§ 660-669—Ullmann, § 50—Geffcken in Holtzendorff, III. pp. 654-659—Nys, II. pp. 353-385—Rivier, I. 38—Bonfils, Nos. 700-721—Pradier-Fodéré, III. §§ 1396-1495—Mérignhac, II. pp. 249-293—Fiore, II. Nos. 1145-1163—Calvo, III. §§ 1499-1531—Martens, II. §§ 12-14—Gottschalck, "Die Exterritorialität der Gesandten" (1878)—Heyking, "L'exterritorialité" (1889)—Odier, "Des privilèges et immunités des agents diplomatiques" (1890)—Vercamer, "Des franchises diplomatiques et spécialement de l'exterritorialité" (1891)—Droin, "L'exterritorialité des agents diplomatiques" (1895)—Mirre, "Die Stellung der völkerrechtlichen Literatur zur Lehre von den sogenannten Nebenrechten der gesandschaftlichen Functionäre" (1904).
Reason and Fictional Character of Exterritoriality.