Legal Regime of Persona Non Grata and the Namru-2 Case

Abstract

Just like the diplomatic immunity principle, the principle of persona non grata aims to ensure justice for both the state seeking to  evict a diplomat (receiving state) and the state whose diplomat is being evicted (sending state). This is because both principles can guarantee the dignity and equality of sovereign states when resolving issues in international relation. Not every statement of persona non grata has to culminate in expulsion because a statement may be issued by the receiving state both after the diplomatic agent has started performing his functions and even before he arrives at the receiving state. If such a statement is followed by the expulsion of the diplomat, it should be based on article 41 of the Vienna Convention, 1961 (infringement on laws of receiving state and/or espionage actions). Also, expulsion may occur due to war and severance of diplomatic relation between two states. Indonesia has had to deal with issues of persona non grata on several occasions both as receiving and sending state. This paper analyses several cases of declaration of persona non grata involving several countries, especially Indonesia in order to give a better understanding of how the declaration of persona non grata plays out between states, and the significance of the Vienna Convention of 1961 on diplomatic relations. It also assesses the response of the Indonesian Government to the alleged abuse of immunity and privileges by personnel of the Navy Medical Research Unit-2 and suggests how the Indonesian Government can ensure that the laws of the country are respected by all including diplomats who have immunity.

Key Words: Dignity, Diplomatic Agent (Diplomats), Duties, Espionage, Expulsion, Justice, Namru-2, Persona non grata