Dominica brings a case against Switzerland to the Court in a dispute concerning alleged violations of the Vienna Convention on Diplomatic Relations and other international instruments and rules with r

INTERNATIONAL COURT OF WSTICE

Peace Palace, 2517 KJ The Hague. Tel: +31 (0)70 302 23 23. Cables: Intercourt,
The Hague. Fax: +31 (0)70 364 99 28. Telex: 32323. E-mail address:

[email protected]. Internet address: http://www.icj-cij.org.

Press Release
Unofficial

No. 2006/16
26 April 2006

Dominica brings a case against Switzerland to the Court in a dispute concerning
alleged violationsf the Vienna Convention on Diplomatie Relations
and other international instruments and rules with respect to a
diplomatie envoy ofDominica to the United Nations in Geneva

THE HAGUE, 26 April 2006. Today the Commonwealth of Dominica brought a case

against Switzerland to the International Court of Justice (ICJ), principal judicial organ of the United
Nations, concerning aileged violations by Switzerland of the Vienna Convention on Diplomatie
Relationsas weil as of other international instruments and rules, with respect to a diplomatie envoy
ofDominica to the United Nations in Geneva.

The said envoy, Mr. Roman Lakschin, has been accredited to the United Nations, its
Specialized Agencies and to the World Trade Organization(WTO) since March 1996 as a member
of the Permanent Mission ofDominica to the United Nations in Geneva (first as a Counseilor, later

as a Chargéd'affaires and Deputy Permanent Representative with the rank of Ambassador).

In its Application, Dominica insists that this accreditation was "effected to the organizations
and not to Switzerland" but that nevertheless Switzerland has "claimed the right to 'withdraw the
accreditation"' of the said envoy, "stating that [he] is a 'businessman' and as such he would have
no right to be a diplomat".

Dominica states that this is a violation of the Vienna Convention on Diplomatie Relations of

18April 1961, the Headquarters Agreement between Switzerland and the United Nations of
11June and 1July 1946, the Agreement on Privileges and Immunities of the United Nations
between Switzerland and the United Nations of 11April 1946, the Convention on Privileges and
Immunities of the United Nations of 13February 1946 as weil as of general weil-established rules
and principlesof international law on the appointment and withdrawal of diplomats, on diplomatie
immunity, on equality of States, and on the rights of passive legation of the United Nations.

According to Dominica, Switzerland has "at no stage ... claimed that the Envoy had any

commercial activities in Switzerland". However, it held, "by what appears [to Dominica] as a
wrongful interpretationof article 42 of the Vienna Convention, ... that a diplomat cannot engage
in commercial activities anvwhere, even outside the host country".

Dominica contends that Switzerland cannot be ailowed to "control a smail State like
Dominica which has a population of merely sorne 70,000 people and thus is severely restrained in
the selection of foreign envoys". Itstates that it "has the right to send whichever envoy [it]
consider[s] appropriate to the UN in Geneva in [its] attempt to better [its] tourism prospects and

[its] economy". Dominica maintains that Switzerland deprived it of "welcome and competent
assistance in establishing and running a Mission in Geneva and thereby impeded the efforts of ...
Dominica to develop trade and investment". -2-

Accordingly, Dominica now requests the Court to

"ill clarify the rights and duties of a host State, of a sending State and those of the
United Nations, the Specialized Agencies and the WTO, with regard to

Permanent Missions and their diplomatie personnel;

and further to adjudge and declareas follows:

{hl that the Respondents [Switzerland] have breached, and [are] continuing to breach,
their legal obligations toward the Commonwealth of Dominica under

Articles 23-47 of the Vienna Convention on Diplomatie Relations of
18 April 1961, the Headquarters Agreement between the Respondents and the
United Nations of 11 June and 1 July 1946, the Agreement on Privileges and
Immunities between the Respondents and the United Nations of 11 April1946, the
multilateral Convention on Privileges and Immunities of the United Nations of
13February 1946 and under general international law;

ill that the Respondents, in breach of their obligations under the aforementioned
treaties and conventions as well as under general and customary international law,
have violated the fundamental rules of immunity of diplomats;

@ that the Respondents, in breach of their obligations under the aforementioned

treaties and conventionsas well as under general and customary international law,
in the event also failed to recognize the rights under international law concerning
active legation of the Applicants and on passive legation of international
organizations;

W that the Respondents, in breach of their obligations under the aforementioned

treaties and conventions as well as under general and customary international law,
have violated rules concerning their rights and duties as a host State;

ill that the Respondents have violated and continue to violate relevant sections on
sovereignty and equality of the Declaration on Principles of International Law on
Friendly Relations and Co-operation Among States in Accordance with the

Charter of the United Nations of 24 October 1970, sections which also reflect
binding general international law;

.(gthat the Respondents have violated, and continue to violate, their solemn
obligations under Articles 1(3), 55 and 56 of the United Nations Charter;

(hlthat the Respondents, in breach of their obligations under general and customary
international law, have violated and are violating the sovereignty of the
Applicants, the Government of the Commonwealth of Dominica, and the rights of
its diplomatie envoy;

illthat the Respondents, in breach of their obligations under general and customary

international law, and under Article 2 (7) of the Charter of the United Nations,
have intervened and are intervening in the internai affairs of the Applicants, the
Commonwealth of Dominica;

illthat the Respondents and their agents and surrogates are under an obligation to
cease and desist immediately from its breachesof the foregoing legal obligations;

® that the Respondents have an obligation to pay the Applicants, the Commonwealth
of Dominica, in its own right and as parens patriae for its citizens, reparations for
damages to the trade and economy of the Applicants, the Commonwealth of - 3-

Dominica, caused by the foregoing violations of international law in a sum to be
determined by the Court. The Applicants reserve the right to introduce to the

Court a precise evaluation of the damages caused by the Respondents."

As a basis for the Court's jurisdiction, Dominica invokes the declarations of acceptance of
the Court's jurisdiction (under Article 36, paragraph 2, of its Statute) made by Dominica on
17March 2006 and by Switzerland on 28 July 1948, as well as Article 1 of the Optional Protocol to

the Vienna Convention for the Compulsory Settlement of Disputes, to which both Parties have
adhered.

The full text of Dominica's Application will be available shortly on the Court's website
{http:1/www .icj-cij.org).

Information Department:
Mrs. Laurence Blairon, Head of the Department (+ 31 70 302 23 36)
Messrs. Boris Heim and Maxime Schouppe, Information Officers ( + 31 70 302 23 37)

E-mail address: [email protected]