Further, it will propose that an additional Protocol to the Vienna Convention be drafted allowing states to execute bilateral agreements limiting the immunity of their diplomats to functional immunity. It will argue that functional immunity should be applied to diplomats rather than absolute immunity. It will show that the functional necessity theory of immunity has been successful in its application to the privileges and immunities of officials working in international organizations, such as the UN. It will propose limiting immunity to only those acts required for a diplomat to fulfill his official functions. However due to the frequent abuse of diplomatic privileges, this research will suggest that absolute immunity is unnecessary and undesirable. These conventions have formalized the customary rules and made their application more uniform. In the period since WW II, a number of international conventions (most noteworthy, the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations) have been concluded. As a matter of international law, diplomatic immunity was primarily based on custom and international practice until quite recently. Ancient Greek and Roman governments, for example, accorded special status to envoys, and the basic concept has evolved and endured until the present.
The principle of diplomatic immunity is one of the oldest elements of foreign relations.
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