Satow's Diplomatic Practice (6th Edition)
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Passage in Time of War Passage in Time of War
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Duties of Diplomatic Agents in Third States Duties of Diplomatic Agents in Third States
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11 Diplomatic Agents in Third States
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Published:24 September 2009
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11.1 Two questions arise for the diplomatic agent who wishes to cross a third State on his way to or from the State where he has been appointed. Does international law give him an automatic right of passage, at least in time of peace, and is he entitled to any special privileges and immunities while he is passing through? Practice on both matters varied considerably at different periods.
11.2 During the sixteenth and seventeenth centuries it was the custom for diplomats who wished to cross foreign territory on the way to their post, and indeed for private persons, to seek the assurance of a safe-conduct from the ruler of the foreign territory concerned. States might provide in general terms for the safe passage of their ambassadors in transit, as did Britain and Russia in a Treaty of 1623, which protected: ‘Ambassadors, Messengers or Posts through the Countries and Dominions of the other unto and from Germany, France, Spain, Denmarke, Sweathland and Netherland, or unto and from Persia, Turkey and other Partes of the East, which are not in open Hostilities with either of their renowned Majesties. …’1 Gradually the practice of seeking safe-conducts fell into disuse but States until the nineteenth century accepted that the ambassador had a right of innocent passage through third States on his way to his post. It was clearly to the advantage of all States that this should be the position and legal restrictions on immigration or on the movement of aliens within a territory were still uncommon.
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