"Terrorist attack on embassy in Tehran - unprecedented case in the history of Azerbaijani diplomacy" Prof. Namiq Aliyev talks to Caliber.Az
"Nothing can force Azerbaijan to keep diplomats and their families in a country where they are under the threat of a new terrorist act," says Ambassador, Doctor of Law, Professor Namiq Aliyev.
While analysing the events on the day of the bloody incident at the Azerbaijani Embassy in Tehran and the subsequent actions of our state, the diplomat confirmed to Caliber.Az that the terrorist attack is sufficient reason to suspend the activities of the diplomatic mission.
"Under international law and its branch - diplomatic law, an embassy is an organ of one state located in the territory of another state to conduct official relations with it. If states have agreed to exchange embassies, this indicates the establishment of normal inter-state relations between them.
The embassies work on a permanent basis. The termination of the embassy means that normal inter-state (diplomatic) relations between the countries have been interrupted. Therefore, these states must take measures to restore relations, first of all, by eliminating the factors that interrupted them and led to the evacuation of the embassy from the host country.
The attack on the Azerbaijani embassy in Tehran is more than enough reason to take such a step. Nothing can force Azerbaijan to leave diplomats and their family members under the threat of another terrorist attack. The Iranian state and government are obliged to guarantee the safety of diplomats and their family members stationed and accredited in their country in accordance with the Vienna Convention on Diplomatic Relations of 1961.
According to Article 29 of this Convention, the person of a diplomatic agent, meaning the head of a diplomatic mission and members of the diplomatic staff, is inviolable. He shall not be liable to any form of arrest or detention. The host State must treat him with due respect and take all appropriate measures to prevent any attack on his person, liberty, or dignity," explained the experienced diplomat.
Natiq Aliyev believes it is necessary to mention in this situation the Convention for the Protection of Diplomats, which was adopted by the UN General Assembly in December 1973.
"This is one of several 'sectoral' counter-terrorism conventions negotiated within the United Nations and its specialized agencies. It builds on important codification instruments in the field of privileges and immunities, including the Vienna Conventions on Diplomatic and Consular Relations. The Organisation of American States had already adopted a convention on this subject in February 1971. The instrument was drafted in response to a surge in kidnappings and assassinations of diplomatic agents beginning in the late 1960s, such as the assassination of the Ambassador of the Federal Republic of Germany to Guatemala, Karl von Spreti. The adoption of sectoral conventions is usually in response to events such as aircraft hijackings, aviation sabotage, attacks on maritime vessels, and so on," the professor added.
Aliyev emphasised that the host country of the diplomats, which in this case is Iran, is responsible in accordance with these important international documents.
"This is an unprecedented case in the history of modern Azerbaijani diplomacy," the ambassador concluded.