USE OF FORCE IN INTERNATIONAL LAW

INTRODUCTION 

The main aim of the United Nations (henceforth UN) is to ensure peace and security amongst  the States. Therefore, the use of force is prohibited by the Charter of the United Nations 1945  (henceforth UN Charter). The use of force by states is controlled by both treaties and  customary international law. 

This article provides the historical background of the use of force in international law. It goes  on to describe the areas wherein the use of force is prohibited as well as where it is allowed.  Then the article discusses the landmark cases which relate to the use of force and the right to  self-defence in international law. 

HISTORICAL BACKGROUND 

In ancient times, the Christianization of the Roman Empire in the thirteenth century led to the  development of the ‘Doctrine of Just War’. As per this doctrine, the use of force was allowed  by a State, as long as it complied with the divine will. St. Augustine and St. Thomas Aquinas  expanded the scope of the doctrine to call it subjective moral judgement (i.e. a just cause  must be accompanied by the right intention). With the changing position of States as  sovereign and equal entities, the concept of subjective moral judgement was removed and the  doctrine of ‘just war’ vanished from the scope of international law. The States were expected  to respect the political independence and integrity of other States and uphold the treaties in  place. 

After World War I in 1918, League of Nations was set up in 1919 to promote peace and  prevent war in the international community. However, the covenant of the League of Nations  only restricted itself to limit wars to tolerable levels, rather than prohibit them altogether. In  1928, the Kellog-Briand Pact, officially known as the General Treaty for Renunciation of  War 1928 was signed amongst the member states. According to the pact, the States  renounced and condemned the recourse to war. They mutually agreed to settle any disputes  arising between them through non-aggressive measures. It was signed by 63 State parties and  it is still in force. This pact played a significant role in various disputes that arose between the 

States (for example, in 1931 between China and Japan, in 1933 between Peru and Ecuador,  etc.). 

Post World War II, UN Charter was signed on June 26, 1945, which lays down the current  legal regime regulating the use of force in international law. 

PROHIBITION ON THE USE OF FORCE IN INTERNATIONAL LAW The prohibition on use of force is a part of treaty law as well as customary law. Article 2(4)  of the UN Charter prohibits the use of force by member states. It states that- 

“All Members shall refrain in their international relations from the threat or use of  force against the territorial integrity or political independence of any state, or in any  other manner inconsistent with the Purposes of the United Nations.”[i] 

The threat or use of force under Article 2(4) is solely limited to use of armed force directly or  indirectly (for example use of force by irregulars, another State, mercenaries or rebels). It  does not include economic or political coercion. [ii] 

The UNSC has the power to determine whether there is any threat to the peace, breach of the  peace, or act of aggression. It shall make recommendations to decide the measures to be  taken to maintain international peace and security. [iii] 

The term ‘act of aggression’ has been defined by a resolution adopted by the General  Assembly in 1974. As per Article 1 of that resolution, aggression is “the use of armed force  by a state against the sovereignty, territorial integrity or political independence of another  State, or in any other manner inconsistent with the Charter of the United Nations.” [iv]  Moreover, Article 2 of the resolution states that the first use of armed force by any State  which is in contravention of the UN Charter shall constitute prima facie evidence of an act of  aggression. 

EXCEPTIONS TO PROHIBITIONS 

1.Self Defence- The States have a right to self-defence under Article 51 of the UN Charter.  The article states the following- 

“Nothing in the present Charter shall impair the inherent right of individual or  collective self-defence if an armed attack occurs against a Member of the United  Nations, until the Security Council has taken measures necessary to maintain

international peace and security. Measures taken by Members in the exercise of  this right of self-defence shall be immediately reported to the Security Council  and shall not in any way affect the authority and responsibility of the Security  Council under the present Charter to take at any time such action as it deems  necessary in order to maintain or restore international peace and security.”[v] 

The right to self-defence also exists under customary international law. The most important  case is the Nicaragua Case in this respect. 

a) Pre-emptive force- Pre-emptive self-defence or force refers to use of force to prevent a  non-imminent attack by a State. Pre-emptive self-defence is not within the ambit of self defence under Article 51 of the UN Charter and therefore prohibited. However, as per the  Caroline test, the States have the right to use Pre-emptive self-defence only where it is  "instant, overwhelming, and leaving no choice of means, and no moment for  deliberation.”[vi]This is also the test of necessity and proportionality. 

b) Protection of nationals- Some states have advocated for the right to safeguard their  nationals in other states by the use of force. For example, the UK in Suez (1956), Israel in  Entebbe (1976) and the USA in the Dominican Republic (1965), Grenada (1983) and  Panama (1989). However, such intervention is sometimes misused by the States to attain  certain political objectives. 

c) Against non-state actors- After 9/11 terror attacks, the then President Bush of the United  States stated that the USA would not make any distinction between terrorists and those  States who harboured such terrorists. It would treat all nations who give refuge to  terrorists as hostile.[vii] 

2. Humanitarian intervention- Humanitarian intervention in present times refers to the  intervention by third party states to save people from their own government’s actions or  inactions.[viii] There is no general principle with regards to humanitarian intervention in  international law. With the increase in terrorism, numerous countries have started  advocating for the right of humanitarian intervention without the UNSC. The action of  NATO in Yugoslavia was not condemned even though it had not obtained the UNSC’s  permission, as the intervention was considered necessary on humanitarian grounds.  However, many countries also oppose this unauthorized intervention in the fear of it  being misused by the more powerful nations. 5 factors must be present, in general, for an  act of aggression to be termed humanitarian intervention 

i) Imminent threat to victims.

ii) Consent of the sovereign persons who are the source of the victim’s suffering is not  necessary. 

iii) The intent of rescuers to be moral and ethical and not self-serving. iv) Such intervention must be approved by the UNSC. 

v) The basic humanitarian intervention must have a reasonable chance of success.[ix] 3. Collective security- The UNSC is obligated to identify and to take action to limit any  threat to peace and security amongst the member states. Initially, the UNSC was to have a  standing army to deal with acts of aggression as per the intent of the UN Charter.  However, the plan was not realized and the UNSC’s power to take effective actions was  limited by the veto power of the permanent members. The UNSC has authorized the use  of force to ‘force out’ North Korea from South Korea in 1950. It further authorized the  use of force during the Iraq’s invasion of Kuwait in 1960. It also authorized the use of  force in Sierra Leone, Yugoslavia and Somalia. 

LANDMARK CASE-LAWS ON USE OF FORCE IN INTERNATIONAL LAW 1. The United Kingdom v. Albania (Corfu Channel Case) (1949)[x]- It was the first case toconsider  threats of force in international law. In this case, two British destroyers were destroyed by the  mines off the Albanian Coast. The court held that though the ‘diamond formation’ which was  taken by the British destroyers and other supporting vessels was threatening, it was nonetheless  lawful. 

2. The Republic of Nicaragua v. The United States of America (1986)- The ICJ held that the U.S.  had violated international law by supporting the Contras in their rebellion against the Sandinistas  and by mining Nicaragua's harbours. It is the landmark case which lays down the principles  regarding the use of force and self-defence. It defines aggression as- “use of force by individuals  constituted an armed attack only when there had been sending by or on behalf of the state of  armed bands, groups, irregulars or mercenaries, which carry out acts of the armed force, against  another state of such gravity as to amount to acts of aggression.” [xi] The court also differentiated  between what will be termed as more or less serious armed aggression. It further held that the  right to self-defence of a State is inherent. 

3. Iran v. the United States of America (Oil Platforms case) (2003)[xii]- The Court held that in  order to use the right of self-defence, the State has to be able to show that it was the victim of  armed attack. The burden of proof lies on such state which claims the right to self-defence. It also  stated that ‘cumulation of events’ theory is applicable wherein individual attacks which do not  rise to the level of armed attacks can be grouped together to consider an armed attack.

4. The legality of the Threat or Use of Nuclear Weapons (1996)[xiii]- This judgement held that  there is no explicit prohibition on the possession or use of nuclear weapons in international  law(including treaties or customary law), as long as it is in conformity with the principles of self defence and international humanitarian law. 

CONCLUSION 

Article 2(4) of the UN Charter utilizes the term ‘threat or use of force’ which is wider while  Article 51 utilizes the term ‘armed attack’ which is much narrower in scope. There are many  ambiguities in the international customary laws which need to be addressed effectively. There  is a need to give wider powers to UNSC to ensure that the States do not indulge in using  force against other entities. 

Vanya Agarwal, 

University of Petroleum and Energy Studies 

United Nations Organization

 

Introduction 

The United Nations Organization (henceforth UN) came into existence through the Charter of  the United Nations 1945 (henceforth UN Charter). The UN Charter was signed on June 26,  1945 in San Francisco, at the conclusion of the UN Conference on International  Organization. It came into force on October 24, 1945. It currently has 193 Member States. Its  primary purpose is “to maintain international peace and security.” It has six official  languages- Arabic, Chinese, English, French, Russian and Spanish. 

History 

1865 to 1874- The first international organizations were established to co-operate on specific  matters. For example, in 1865, the International Telecommunication Union was established  followed by the establishment of the Universal Postal Union in 1874.  

1899 to 1902- The International Peace Conference was Held in 1899 in The Hague. Its  purpose was to elaborate instruments for resolving disputes peacefully, preventing wars and  codifying rules of warfare. It adopted the Convention for the Pacific Settlement of  International Disputes. It also established the Permanent Court of Arbitration, which began  working in 1902. 

1919- The League of Nations which was the forerunner of UN was established under the  Treaty of Versailles in 1919. Its main objective was “to promote international cooperation  and to achieve peace and security." The League of Nations ceased its operations after failing  to prevent World War II. 

1942- Since League of Nations failed its purpose, the UN came into existence as result of  necessity to prevent future international wars and conflicts in a better way.On January 1,  1942, the name ‘United Nations’ was first coined by the then United States’ President,  Franklin D. Roosevelt. It was first used during World War II in the Declaration by United  Nations 1942, wherein representatives of 26 nations pledged to continue fighting against the  Axis Powers. 

1945- The UN Charter was drawn up at the UN Conference on International Organization on  the basis of proposals worked out by the representatives of China, the Soviet Union, the  United Kingdom and the United States at Dumbarton Oaks, United States in August-October  1944. It was signed in San Francisco on June 26, 1945 by 50+1 original Member States 

(Poland signed later and became a part of the original Member States). The UN officially  came into existence on October 24, 1945 after having been ratified by a majority of  signatories including France, Russia (Soviet Union), the United Kingdom, China and the  United States of America. 

Purposes and Principles 

The purposes of the UN have been given under Article 1 of the UN Charter. They are 

1. To maintain international peace and security; and 

2. To develop friendly relations amongst States and to strengthen universal peace; and 3. To achieve international co-operation in matters of social, economic, cultural, or  humanitarian international issues; and 

4. To promote and encourage human rights and fundamental freedoms; and  5. To be a centre for harmonizing the actions of nations in the attainment of these  common ends.i 

The principles on which the UN works have been given under Article 2 of the UN Charter.  They are as follows 

1. UN considers the sovereign equality of all its Members. 

2. All members shall fulfill their obligations in good faith that have been entrusted upon  them in accordance with the Charter. 

3. All Members shall settle their international disputes in a peaceful manner. 4. All Members shall refrain from the threat or the use of force against any State. 5. All Members shall assist UN in any actions which are taken in accordance with the  UN Charter. 

6. The UN will ensure that states who are not Members of the UN act in accordance with  these principles as far as possible to maintain international peace and security. 7. The UN does not have the authority to intervene in matters of domestic jurisdiction of  any State.ii 

Principal Organs 

The UN has 6 principal organs as laid down in Article 7 of the UN Charter. They are General Assembly, Security Council, Economic and Social Council, Trusteeship Council,  International Court of Justice and Secretariat.Article 7 also stipulates for subsidiary organs,  which are those organs that are established in future in accordance with the UN Charter. 

These organs are necessary for the proper functioning of the UN and for achieving the  purposes laid down in the UN Charter. 

1. General Assembly (UNGA)- It is the primary policymaking, representative and  deliberative organ of the UN. Provisions pertaining to UNGA are given under Chapter  IV of the UN Charter consisting of Articles 9 to 22. It is the only UN body with  universal representation, as all 193 Member States are represented at UNGA.iiiIt  meets each year in September at the General Assembly Hall in New York for the  annual General Assembly session and general debate. Significant questions pertaining  to peace and security, admission of new members and budgetary matters require a  special two-thirds majority, whereas resolutions on other questions require a simple  majority. A GA President is elected each year by the UNGA with a tenure of one  year. 

2. Security Council (UNSC)- The UNSC has themain responsibility to maintain  international peace and security. It has a total of 15 members with 10 non- permanent  and 5 permanent members. Each Member State has a single vote. The 5 permanent  members include China, United States of America, United Kingdom, France and  Russia. The permanent members have veto-power. The UNSC calls upon the State  parties to settle disputes in a peaceful manner. It also recommends terms of settlement  amongst the parties. The Presidency of the UNSC rotates and changes every month. 

3. Economic and Social Council- It is the principal body for co-ordination, policy  dialogue, policy review and recommendations on economic, social and environmental  issues, and also implementation of internationally agreed development goals. It has 54  Members, who are elected by the UNGA for overlapping three-year terms. It is UN’s  primary platform for debate, reflection and innovative thinking on sustainable  development. 

4. Trusteeship Council- It was established under Chapter XIII by the UN Charter in  1945. Its main purpose is to provide international supervision for 11 Trust Territories  that had been placed under the administration of seven Member States, and ensure  that sufficient steps were taken to enable the Territories for self-government and  independence. It fulfilled its purpose by 1994 as all the Territories had attained  independence or self-governance. It suspended its operation on November 1, 1994. It  now meets occasionally as required.

5. International Court of Justice- It is the principal judicial organ of the UN. Its main  function is to settle legal disputes between States, by applying international law and to  give advisory opinion on legal issues that have been referred to it by the authorized  UN organs and specialized agencies. 

6. Secretariat-It comprises of the Secretary-General (Chief Administrator officer of the  UN) and tens of thousands of international UN staff members. They carry out the  routine work of the UN as authorized by the UNGA or the other UN principal organs.  The Secretary-General, is appointed by the UNGA for a five-year renewable term on  the recommendation of the UNSC.  

Funds, Programs and Specialized Agencies 

The UN system has several funds and programs affiliated to it which are financed through  voluntary contributions. The following funds and programs are authorized by the UN 

1. United Nations Environment Program (UNEP) 

2. United Nations Population Fund (UNFPA) 

3. United Nations Human Settlements Program (UN-Habitat) 

4. United Nations Children's Fund (UNICEF) 

5. World Food Program (WFP) 

UN Specialized Agencies are independent organizations working with UN through negotiated  agreements by virtue of Article 57 read with Article 63 of the UN Charter. Some of these  organizations even existed before World War I. Some were created by the UN to meet the  emerging needs. They are as follows 

1. Food and Agriculture Organization (FAO)- It leads the international efforts in  fighting hunger. 

2. International Civil Aviation Organization (ICAO)- It develops standards for global  air transport and sharing the world skies to socio- economic benefit. 

3. International Fund for Agricultural Development (IFAD)- It focuses exclusively on  rural poverty reduction; eliminate hunger and malnutrition; raise their productivity  and incomes; and improve the quality of their lives. 

4. International Labor Organization (ILO)- It promotes labor rights by formulating  international standards on labor laws. 

5. International Monetary Fund (IMF)- It promotes economic growth and employment  by providing temporary financial assistance to countries.

6. International Maritime Organization (IMO)- It has created a comprehensive  shipping regulatory framework, addressing safety and environmental concerns, legal  matters, technical cooperation, security, and efficiency. 

7. International Telecommunication Union (ITU)- It helps in protecting and supporting  the right of people to communicate with each other. 

8. United Nations Educational, Scientific and Cultural Organization(UNESCO)- It  focuses on everything from teacher training to helping improve education worldwide  to protecting important historical and cultural sites around the world. 

9. United Nations Industrial Development Organization(UNIDO)- It promotes  industrial development for poverty reduction, inclusive globalization and  environmental sustainability. 

10. World Tourism Organization (UNWTO)- It promotes responsible, sustainable and  universally accessible tourism. 

11. Universal Postal Union (UPU)- It is the main forum for co-operation between various  postal sector players.  

12. World Health Organization (WHO)- Its objective is the attainment by all peoples of  the highest possible level of health. It is the directing and coordinating authority on  international health as authorized by UN. 

13. World Intellectual Property Organization (WIPO)- It protects intellectual property  with the help of 23 international treaties throughout the world. 

14. World Meteorological Organization(WMO)- It facilitates free international exchange  of meteorological data and information. 

15. World Bank- It works on poverty reduction and the improvement of living standards  worldwide by providing low-interest loans, interest-free credit, and grants to  developing countries for education, health, infrastructure, and communications,  among other things. 

Other entities associated with UN include- Joint United Nations Programme on HIV/AIDS  (UNAIDS), United Nations High Commissioner for Refugees, United Nations Institute for  Disarmament Research, UN Women, etc. 

Conclusion 

The Organization is currently working relatively in an effective manner to achieve its  objective of international peace and security. However, sometimes its working becomes  ineffective in certain circumstances due to the veto power of the permanent members of the 

UNSC. It has many challenges to tackle including the refugee crisis, Yemen humanitarian  crisis, climate change and the socio-economic challenges posed due to the advent of Covid 19. 

* All information has been taken from the United Nations official website.*

-Vanya Agarwal, 

University of Petroleum and Energy Studies 

THE RELATION BETWEEN INTERNATIONAL LAW AND MUNICIPAL LAW

Introduction 

Certain theories are propounded to clarify the link between law and Municipal Law. In general,  it's notionally accepted that the state municipal law controls the conduct of people within the  state while countries control the relations of nations. But now this idea has altogether been  changed and also the scope of the law has increased and it not only determines and controls the  relations of states but also the relations of members of the International community. Both the  laws have cohesion with one another and also the relations between these two are more  prominent. These theories are proposed to clarify the link between law and State Law. 

Two aspects are to be noted within the relationship between Municipal Law & law. One is that  the theoretical question of whether both laws are a part of a Universal legal order, or, are two  different systems. the opposite is that the conflict between them within the Municipal courts  on the primacy of Municipal Law over the law, or vice versa. 

There are two basic theories, with a variety of variations within the literature, on the link  between international and domestic law. the primary doctrine is named the dualist (or pluralist)  view and assumes that law and municipal law are two separate legal systems which exist  independently of every other. The central question then is whether or not one system is superior  to the opposite. The second doctrine, called the monist view, incorporates a unitary perception  of the ‘law’ and understands both international and municipal law as forming a part of one and  also the same legal order. the foremost radical version of the monist approach was formulated  by Kelsen. In his view, the last word source of the validity of all law derived from a basic rule  (‘Grundnorm’) of law. Kelsen’s theory led to the conclusion that each one rules of law were  supreme over municipal law, that a municipal law inconsistent with the law was automatically  null and void which rules of law were directly applicable within the domestic sphere of states. 

Two Schools 

The two schools are the Dualistic & the Monistic schools 

Monistic School: 

The monist theory, developed by Kelsen, asserts that there's a relationship between national  and law, with the law being supreme. Monists argue that as law ultimately regulates the conduct  of people, there's a commonality between international and national law which both ultimately  regulate the conduct of the individual. Therefore, each system may be a ‘manifestation of one  conception of law’. It is also known within the name of Monism theory. in keeping with the  exponents of this theory law and Municipal Law are intimately connected. law and Municipal  Law are the 2 branches of unified knowledge of the law which apply to the human community  in some or the opposite way. All Law is created for people. The difference is that municipal  law is binding on the individual while the law is binding on states. Conclusively it is said that  the foundation of all laws is individual. 

According to Strake, “International Law is an element of state Municipal Law and so decisions  are given by Municipal courts in keeping with the foundations of law.” 

According to O.Kornell, “The objective of all laws is human welfare whether it states municipal law or law.” 

According to Anzilottii and Triepel, “Law & Municipal Law are two separate & distinct  systems of law-one is that the antipode of the opposite.” 

Sources: Municipal law has Acts of Parliament arid local custom as sources of law, whereas  law has treaties and International customs as primary sources. Thus, they're different.  

Secondly: Individuals are subjects in Municipal law, whereas the States are subjects in law.  

Thirdly: Under Municipal law, the State has its sway over the individuals, whereas law is  between or among the Sovereign States. 

Dualistic School: 

The dualist approach views international and national law as two separate systems that exist  independently of one another. This theory relies upon the ‘assumption that law and municipal  legal systems constitute two distinct and formally separate categories of legal orders’ because  they ‘differ on their sources, the relations they regulate and their legal content.’ Therefore, 

these two systems are seen to be firmly independent of each other, as neither can claim  supremacy. Where the law is incorporated into national law by the state, this is often seen as  an exercise of authority by the state, instead of the law imposing itself into the domestic sphere.  From a practical perspective, if a national court in an exceedingly dualist state is considering a  case and there's a conflict between international and national law, the court (in the absence of  any legislative guidance to the contrary) would apply domestic law. 

Dualists school has been opposed by the Monistic school (also called Vienna School) which  holds the subsequent views: (founder Kelsen). 

Firstly: Ultimately, it's the conduct of the person who is regulated in both the systems of  Municipal and law. Secondly: Law may be a command on the topics (Individuals or States)  independently of their will. Thirdly: Both the systems are the manifestations of one, the  conception of law. Two branches of the identical tree. From the above schools, it's evident that  law and Municipal law are separate in keeping with the Dualists but one and also the same in  keeping with the Monists. Given the dualistic theory writers, law and State Law are two  separate laws and contain legal systems. The Monist view of law is an element of philosophy  in keeping with which totality may be a single structure. But within the framework of the unitary universe is that the diversity of phenomenon. The law cannot become a part of state  municipal Law until the principles of law are applied under State Municipal Law. 

Anzilotti has also recognised both the systems as two different legal systems. According to him  the basic principle of State Municipal Law in compliance with the law enacted by state  legislature while the principle of the law of nations is Pacta Sunt Servanda i.e. to honour the  agreements executed between the states.  

The main basis of separation of those two systems is as follows: - 

● The main source of the law of nations is customs and treaties while just in case of Municipal  Law are an enactment by the sovereign power. 

● International Law controls the relations between state while state law controls the relations  between state and individuals. 

● The main explanation for compliance of state law is that the fear of sanction while the idea  of compliance of the law of nations is that the moral liability and vested interests of states.

The practice of States: Within the U.K.: Primary Rule 

International Customs: per Blackstone, Customary law of nations is a component of the law of  the land. British Courts follow this rule but subject to 2 conditions; 

1. That such a rule shouldn't be against any British Statute. 

2. that when the Court decides, it's followed thereafter. 

The Blackstone's Theory was confirmed by judicial determinations (Dolder V. Hunting field,  Nevello V. Toogood etc.). 

Leading cases:  

R.V. Keyn (Franconia Case) 1876 

Franconia, a German ship, collided with a British vessel within British Maritime Belt. British  Vessel sank and one person -died. British Court convicted the master of the German ship for  manslaughter. The question arose about the jurisdiction of the Court because the incident had  happened within British water. The House of Lords held that English people Court was bound  by Municipal Law and Municipal Law had not provided for the Jurisdiction hence no  jurisdiction. This was neutralized by the Parliament which passed the 

Territorial Jurisdiction Act 1878 by extending the jurisdiction. 

West Rand Gold Mining Co. V. King 1905 

This was a corporation working a gold mine in the African nation. The Govt. officials seized  gold belonging to the corporate & per laws they were to pay compensation or return the  identical. The African nation was defeated by the British, and therefore the gold was dropped  at England. Thereupon, the corporate sued English people Govt. for return of the gold or  compensation. The Crown made a Declaration which stated that British Govt. as a successor  wouldn't respect the commitments of the South African Govt. The Court held that the corporate  wasn't entitled to the gold or for compensation, because the Crown Declaration was Municipal  Law. binding on Municipal Courts Hence, municipal Law prevailed. 

Chung Chi Cheung V. King (Privy Council) 

C was a servant on board a Chinese vessel. 'When the Vessel was in Hongkong water, he shot  & killed the Captain. & another person. C was duly committed. But the question was whether  the Court of Hongkong (a British ' Colony then) had jurisdiction to undertake the case. The  council held that the Court had jurisdiction. The conviction was affirmed.

Conclusion 

It is clear that in many countries the law will sometimes fail to reflect the proper rule of law of  nations. But this doesn't necessarily mean that these states are going to be breaking the law of  nations. fairly often the divergence between national law and law of nations simply implies  that the respective state is unable to exercise rights which law of nations entitles (but doesn't  require) that state to exercise. Even when a rule of municipal law is capable of leading to a  breach of the law of nations, it's the appliance of the rule, and not its mere existence, which  normally constitutes the breach of international law; consequently, if the enforcement of the  rule is left to the manager, which enforces it in such how that no breach of the law of nations  occurs, all is well. as an example, there's no must pass an Act of Parliament to exempt foreign  diplomats from customs duties; the government can do the identical result by simply instructing  customs officers to not levy customs duties on the belongings of foreign diplomats. 

– Shishir Yadav 

Faculty of Law, University of Lucknow