TEXT 1: Diplomatic immunity, espionage and recognition

1. Diplomatic immunity. The sanctity of diplomats has long been observed. This sanctity has come to be known as diplomatic immunity. While there have been a number of cases where diplomats have been killed, this is normally viewed as a great breach of honour. Genghis Khan and the Mongols were well known for strongly insisting on the rights of diplomats, and they would often wreak horrific vengeance against any state that violated these rights.

2. Diplomatic rights were established in the mid-seventeenth century in Europe and have spread throughout the world. These rights were formalized by the 1961 Vienna Convention on Diplomatic Relations, which protects diplomats from being persecuted or prosecuted while on a diplomatic mission. If a diplomat does commit a serious crime while in a host country he may be declared as persona non grata (unwanted person). Such diplomats are then often tried for the crime in their homeland.

3. Diplomatic communications are also viewed as sacrosanct, and diplomats have long been allowed to carry documents across borders without being searched. The mechanism for this is the so-called "diplomatic bag" (or, in some countries, the "diplomatic pouch"). In recent years, however, signals intelligence has led to this use of diplomatic bags being largely discarded.

4. In times of hostility, diplomats are often withdrawn for reasons of personal safety, as well as in some cases when the host country is friendly but there is a perceived threat from internal dissidents. Ambassadors and other diplomats are sometimes recalled temporarily by their home countries as a way to express displeasure with the host country. In both cases, lower-level employees still remain to actually do the business of diplomacy.

5. Diplomats as a guarantee. In the Ottoman Empire, the diplomats of Persia and other states were seen as a guarantee of good behavior. If a nation broke a treaty or if their nationals misbehaved the diplomats would be punished. Diplomats were thus used as an enforcement mechanism on treaties and international law. To ensure that punishing a diplomat mattered rulers insisted on high-ranking figures. This tradition is seen by supporters of Iran as a legal basis of the 1979 Iranian hostage crisis. In imitation of alleged previous practices supporters of the Iranian Revolution attempted to punish the United States for its alleged misdeeds by holding their diplomats hostage. Diplomats as a guarantee were also employed sometimes in pre-modern Europe and other parts of Asia.

6. Diplomacy and espionage. Diplomacy is closely linked to espionage or gathering of intelligence. Embassies are bases for both diplomats and spies, and some diplomats are essentially openly-acknowledged spies. For instance, the job of military attachés includes learning as much as possible about the military of the nation to which they are assigned. They do not try to hide this role and, as such, are only invited to events allowed by their hosts, such as military parades or air shows. There are also deep-cover spies operating in many embassies. These individuals are given fake positions at the embassy, but their main task is to illegally gather intelligence, usually by coordinating spy rings of locals or other spies. For the most part, spies operating out of embassies gather little intelligence themselves and their identities tend to be known by the opposition. If discovered, these diplomats can be expelled from an embassy, but for the most part counter-intelligence agencies prefer to keep these agents in situ and under close monitoring.

7. The information gathered by spies plays an increasingly important role in diplomacy. Arms-control treaties would be impossible without the power of reconnaissance satellites and agents to monitor compliance. Information gleaned from espionage is useful in almost all forms of diplomacy, everything from trade agreements to border disputes.

8. Diplomatic recognition is an important factor in determining whether a nation is an independent state. Receiving recognition is often difficult, even for countries which are fully sovereign. For many decades after becoming independent, even many of the closest allies of the Dutch Republic refused to grant it full recognition. Today there are a number of independent entities without widespread diplomatic recognition, most notably the Republic of China on Taiwan. Since the 1970s, most nations have stopped officially recognizing the ROC's existence on Taiwan, at the insistence of the People's Republic of China. Currently, the United States and other nations maintain informal relations through de facto embassies, with names such as the American Institute in Taiwan. Similarly, Taiwan's de facto embassies abroad are known by names such as the Taipei Economic and Cultural Representative Office. This was not always the case, with the US maintaining official diplomatic ties with the ROC, recognizing it as the sole and legitimate government of all of China until 1979, when these relations were broken off as a condition for establishing official relations with Communist China.

9. The Palestinian National Authority has its own diplomatic service, however Palestinian representatives in most Western countries are not accorded diplomatic immunity, and their missions are referred to as Delegations General.

Other unrecognized countries include Abkhazia, Transnistria, Somaliland, South Ossetia, Nagorno Karabakh, and the Turkish Republic of Northern Cyprus. Lacking the economic and political importance of Taiwan, these nations tend to be much more diplomatically isolated.

10. Though used as a factor in judging sovereignty, Article 3 of the Montevideo Convention states, "The political existence of the state is independent of recognition by other states."

11. Informal diplomacy (sometimes called Track II diplomacy) has been used for centuries to communicate between powers. Most diplomats work to recruit figures in other nations who might be able to give informal access to a country's leadership. In some situations, such as between the United States and the People's Republic of China a large amount of diplomacy is done through semi-formal channels using interlocutors such as academic members of thinktanks, retired civil and military officials, public figures, social activists. This occurs in situations where governments wish to express intentions or to suggest methods of resolving a diplomatic situation, but do not wish to express a formal position.

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