STATE RESPONSIBILITY AND INVIOLABILITY OF DIPLOMATIC PREMISES UNDER INTERNATIONAL LAW: THE CASE OF THE ATTACK ON THE NIGERIAN HIGH COMMISSION IN ACCRA, GHANA

Abstract

Diplomatic relations/intercourse between countries is one of the longest positive attributes of international law. Nowadays, commonwealth countries maintain permanent diplomatic ties with at least one other commonwealth country. Recognised norms which originated from the British Empire era are still operational amongst member countries. Ghana and Nigeria are not exceptions in this regard. A fundamental principle of international law and an important concept in diplomatic relations between states is immunity for States, their representatives and missions. Where a State fails to apply this principle in apposite cases, it will be responsible under international law. While reflecting on Ghana and Nigeria diplomatic relations, this paper examines the inviolability of the Nigerian High Commission in Accra, Ghana and the attack on it of 19 June, 2020. The attack on the Nigerian High Commission raises severe interrogation about the prospect of the inviolability of diplomatic premises, whether by allowing the attack on the Nigerian High Commission, Ghana had failed in its duty under Article 22(2) of the Vienna Convention on Diplomatic Relations, 1961. This will be examined in the paper. In addition, the paper also examines Ghana’s liability under state responsibility vis-à-vis the attribution of acts and omissions of state and non-state actors.