@ 2010International Legal IssuesIntroductionThis paper seeks to give a brief summary of an incident involving the Ambassador of Brigadoon on March 20, 2010. It will give a comprehensive analysis of the international legal issues revolving around this incident in reference to the Vienna Convention on Diplomatic Relations and other international custom laws. Moreover, the paper will contain the recommended course of action that should be taken by the Director General in order to avert such incidences from occurring in the near future. Analysis of legal issuesChapter 3 of the WCO General Annex, gives specific provisions on be what should done in regards to the required security standards.
These provisions establish that customs shall maintain the national and international agreements in order to ensure that there are higher levels of security and international cohesion. It is therefore a common practise of customs to conduct thorough security checks. Following the September 11 incident the WCO adpated new resoltions on security practices. The adpated resolutions provided that customs administrators should focus on ensuring supply chain security to the possible maximum extent. Therefore, the World Customs Organization greatly prioritises on implementating thorough security mesures within the customs community Evidently, the main issue in the above incident lies on whether it was justifiable for the customs officer at the airport to stop the ambassador and his wife and thereafter conduct a security check regardless of their protests.
We are caused to question, should dignitaries or diplomatic agents be subjected to the routine security checks like other persons? Do they have privileges or exemptions as far as security examination procedures are concerned? Moreover, are their spouses or close family members entitled to the same privileges or exemptions?
Similarly, we are caused to question whether it was necessary for the ambassador to use a luggage suit with official markings so as to give a clear impression of his status. In this case the ambassador used a Samsonnite suitcase that did not have any official markings. His luggage only had the first class tag, baggage tag and a label showing his name. As a result, the customs officers at the airport were not aware of his status. Following the reaction of the drug detector dog the customs officer in attendance stopped both he ambassador and his wife and requested that they should proceed with him to the baggage examination area so that their luggage can be scrutinized again. The fact that the Protocol Department of the Foreign Ministry did not notify the Customs administration about the arrival of the ambassador into the country causes the concern of breach of duty on the part of the Protocol Department of the Foreign Ministry.
Furthermore, an official delegation was not present at the airport to receive the ambassador and his wife.
Was it necessary or important for the Protocol Department of the Foreign Ministry to inform the customs’ administration at the airport about the arrival of the ambassador? The customs administration at the capital international airport was also not aware that the embassy vehicle and its driver were waiting outside the airport waiting to pick the ambassador and his wife. This further raises the concern on whether it was necessary or imperative for an official delegation to meet the ambassador at the airport on his arrival into the country.