| Summary: | Reciprocity is one of the legal principle that has long been recognized in
International Law. This research is aimed at the meaning of the principle of
reciprocity within the framework of Diplomatic Law, its legality as a basic in the
declaration of persona non grata to diplomatic officer, and the determination of
counter-measure by declaring persona non grata based on principle of reciprocity
as a settlement of dispute between states in a diplomatic relations.
This research is a normative juridical research which is based on literary
research by applying document study in collecting the data. In turn to achieve a
clear description, this research was analyzed qualitatively by using descriptive
method.
The results of this research concluded that the principle of reciprocity is a
fundamental principle in Diplomatic Law. Within the framework of Diplomatic
Law, the principle of reciprocity is recognized and accepted as a general
principle of law that underlies the existing provisions in international treaties and
customary international law. This principle is also recognized as a�tit for tat�
strategy which is not only have positive impact, but also negative impact.
Specifically in relation to The Vienna Convention 1961 on Diplomatic Relations,
the principle of reciprocity is a general principle of law that underlies the
implementation of the rights and obligations of States regulated in the provisions
of the Convention. This principle also can be a benchmark for the violations
conducted by states. According to the meaning of principle of reciprocity
contained in Article 9 of the Convention and by examining the trends that
happened in practice, it can be determined that the principle of reciprocity can be
a legitimate basic on the declaration of persona non grata to diplomatic officer.
The counter-measure by declaring persona non grata based on principle of
reciprocity can be classified in the form of retortion. Retortion is a legitimate
counter-measure in International Law. Therefore, it can be determined that the
counter-measure by declaring persona non grata based on the principle of
reciprocity can be taken as a settlement of dispute between states in a diplomatic
relations.
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