INVIOLABILITY (Lat. inriolabilitas, from inviolabilis, inviolable, from in-, not + vioiabins, violable, from violare, to violate. from ris, Cs, is, strength, violence). In international law, the freedom or immunity which attaches, to a greater or less degree, to the public vessels and their crews and to the diplomatic agents of one country when within the territory of another State, and also in a very limited degree to mer chant vessels in foreign waters. This immunity is extended upon the fiction of exterritoriality (q.v.). With respect to public vessels, it does not allow the granting of asylum (q.v.) to criminals or fugitive slaves, but custom seems to have established the right of such vessels to gralit hospitality to political refugees who with out invitation come to these vessels and ask for protection. This grant of asylum does nut give the right to the foreign State to demand the surrendering of the political refugee nor to ex pel the Ship from its waters. When the com mander of the vessel harbors a criminal, re so•t must be had to a diplomatic appeal; in vasion of the ship is not allowed. Should the vessel, hos.vever, be made the headquarters of treason, or aid or assist in insurrection or dis orders against the State, such measures as are necessary for self-protection may, of course, lie taken. Merchant ships have but a slight degree of inviolability, such as that which permits them to regulate their internal discipline by their home laws, certain restrictions on the right of search, etc. From the earliest times envoys or others sent on diplomatic errands from one State to another have been held sacred or inviolate in their persons during their stay. While this has been the general rule. the modern uniform ob
servance of such immunity. as it now exists among civilized nations, is a late development. Formerly it was neither so extensive, nor was it free trom frequent violation.
Inviolability attaches at once upon the entrance of the envoy or minister, and extends during his entire residence. While it exists it protects hini, his residence and movables, and his suite from the local jurisdiction. civil and criminal. llis civil immunity may be waived only by his waiver at the time of his reception, or by his voluntary submission to the jurisdiction of the foreign courts with Ids sovereign's consent. The resi dence of the envoy or minister is entitled to absolute immunity from the execution of com pulsory process and from all forcible intrusion. He cannot harbor criminals not of his suite. as was the common practice in the Middle Ages; but in barbarous countries and in the South American countries it is customary for asylum to be given to political refugees. although this custom depends rather upon the superior force of the nation represented by the minister than on any general policy of international law. The criminal immunity of a foreign diplomatic agent is suspended only in extreme ewes, as when be is party to or aids in plotting or conspiracy against the Government to which lie is accredited, in which ease he compels its authorities to arrest him. ill self-defense. in ordinary cases of viola tion of the criminal law his recall is demanded. Consult Taylor. foternotiona/ Public Law (Chi cago, 1901), and the authorities noted under INTERN VTIONAL LAW.