When a diplomatic missions is to be terminated?
Meaning Termination of Diplomatic Mission: -
There are following two meanings of the termination of the diplomatic mission:1. Termination of the Head of the Mission.
2. Termination of the Mission as a whole.
1). Termination of the Head of the Mission: -
The Head of the Mission may terminated in any of the following ways:i. Expiration of time: -
When the time specified for the termination in the letter of the credence reaches, the Head of the mission shall be deemed to be terminated.ii. Recall of Diplomatic Agent: -
The mission shall also be deemed to come to an end when due to unfriendly relationship between receiving and sending states, the receiving state recalls the envoy. The diplomatic agent may also be recalled on his misconduct or misbehavior.
iii. On request of the Receiving State: -
The head of the diplomatic mission may be terminated when a request is made by the receiving state in this regard. It also takes place when the relations between the two become unfriendly or because of misconduct on the part of the envoy.
iv. Persona-non-gratia: -
Every receiving state has a right to declare an envoy non acceptable. The envoy then called as persona-non-gratia. If any head of the mission has been declared as persona-non-gratia he shall be deemed to be terminated.
2. Termination of the Mission as a whole: -
A state has a right to terminate the diplomatic mission as a whole, such a situation may arise when war breaks out between the sending state and the receiving state. In cases of armed conflict not amounting to war, diplomatic mission may not be terminated. The diplomatic mission terminates ipso facto when the sending or receiving state is extinguished by voluntary merger into another state or through annexation.
Upon the termination of a mission the functions of the persons concerned come to an end. Members of the mission and their families nevertheless continue, even in case of armed
conflict, to be entitled to their privileges and immunities until they leave the country or on the expiry of a reasonable time to do so. It is to be noted that armed conflict between the two states does not terminate the mission in all the cases. As for example, in case of armed conflict with India in 1965, diplomatic relations didn’t come to an end.
