Offificial Acts and Beyond:Towards an Accurate Interpretation of Diplomatic Immunity Ratione Materiae under the Vienna Conventionon Diplomatic Relations

Xinxiang Shi

Abstract：This article explores the scope of diplomatic immunityrationemateriaeunder the Vienna Convention on Diplomatic Relations. Thediffificulty regarding the topic lies in the interpretation of what constitutes an act performed “in the exercise of” diplomatic functions.Based on a critique of differing views, it is argued that diplomaticimmunityratione materiaecovers not only offificial actsstricto sensu,but also certain private acts ancillary or incidental to the performanceof diplomatic functions. In practice, the availability of the immunityis heavily dependent on the factual end of a case. Therefore, instead ofusing general exceptions or standards to denote the scope of the immunity, it is better to determine the immunity on a case-by-case basisin light of the seriousness of an act and the connection between theact and the functions performed.

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