Vienna Convention on Diplomatic Relations
Encyclopedia
The Vienna Convention on Diplomatic Relations of 1961 is an international treaty
that defines a framework for diplomatic
relations between independent countries. It specifies the privileges of a diplomatic mission
that enable diplomats to perform their function without fear of coercion or harassment by the host country. This forms the legal basis for diplomatic immunity
. Its articles are considered a cornerstone of modern international relations. It has been ratified by 186 countries. The 1961 UN Vienna Convention on Diplomatic Relations marked its 50th anniversary in April 2011.
The first attempt to codify diplomatic immunity
into diplomatic law
occurred with the Congress of Vienna
in 1815. This was followed much later by the Convention regarding Diplomatic Officers (Havana, 1928).
The present treaty on the treatment of diplomats was the outcome of a draft by the International Law Commission
. The treaty was adopted on April 18, 1961, by the United Nations
Conference on Diplomatic Intercourse and Immunities held in Vienna
, Austria
, and first implemented on April 24, 1964. The same Conference also adopted the Optional Protocol concerning Acquisition of Nationality, the Optional Protocol concerning the Compulsory Settlement of Disputes, the Final Act and four resolutions annexed to that Act.
Two years later, the United Nations adopted a closely related treaty, the Vienna Convention on Consular Relations
.
were added. Countries may ratify the main treaty without necessarily ratifying these optional agreements.
The states which neither signed nor ratified the convention are: Antigua and Barbuda
, Sultanate of Brunei, Cook Islands
, Republic of Gambia, Niue
, Republic of Palau, Solomon Islands
, Republic of Vanuatu and the states with limited recognition.
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
that defines a framework for diplomatic
Diplomacy
Diplomacy is the art and practice of conducting negotiations between representatives of groups or states...
relations between independent countries. It specifies the privileges of a diplomatic mission
Diplomatic mission
A diplomatic mission is a group of people from one state or an international inter-governmental organisation present in another state to represent the sending state/organisation in the receiving state...
that enable diplomats to perform their function without fear of coercion or harassment by the host country. This forms the legal basis for diplomatic immunity
Diplomatic immunity
Diplomatic immunity is a form of legal immunity and a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws...
. Its articles are considered a cornerstone of modern international relations. It has been ratified by 186 countries. The 1961 UN Vienna Convention on Diplomatic Relations marked its 50th anniversary in April 2011.
History
Throughout the history of sovereign nations, diplomats have enjoyed a special status. Their function to negotiate agreements between states demands certain special privileges. An envoy from another nation is traditionally treated as a guest, their communications with their home nation treated as confidential, and their freedom from coercion and subjugation by the host nation treated as essential.The first attempt to codify diplomatic immunity
Diplomatic immunity
Diplomatic immunity is a form of legal immunity and a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws...
into diplomatic law
Diplomatic law
Diplomatic law is that area of international law that governs permanent and temporary diplomatic missions. A fundamental concept of diplomatic law is that of diplomatic immunity, which derives from state immunity....
occurred with the Congress of Vienna
Congress of Vienna
The Congress of Vienna was a conference of ambassadors of European states chaired by Klemens Wenzel von Metternich, and held in Vienna from September, 1814 to June, 1815. The objective of the Congress was to settle the many issues arising from the French Revolutionary Wars, the Napoleonic Wars,...
in 1815. This was followed much later by the Convention regarding Diplomatic Officers (Havana, 1928).
The present treaty on the treatment of diplomats was the outcome of a draft by the International Law Commission
International Law Commission
The International Law Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."It holds an annual session at the United Nations Office at Geneva....
. The treaty was adopted on April 18, 1961, by the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Conference on Diplomatic Intercourse and Immunities held in Vienna
Vienna
Vienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre...
, Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
, and first implemented on April 24, 1964. The same Conference also adopted the Optional Protocol concerning Acquisition of Nationality, the Optional Protocol concerning the Compulsory Settlement of Disputes, the Final Act and four resolutions annexed to that Act.
Two years later, the United Nations adopted a closely related treaty, the Vienna Convention on Consular Relations
Vienna Convention on Consular Relations
The Vienna Convention on Consular Relations of 1963 is an international treaty that defines a framework for consular relations between independent countries...
.
Summary of provisions
The treaty is an extensive document, containing 53 articles. Following is a basic overview of its key provisions. For a comprehensive enumeration of all articles, consult the original text.- Article 9. The host nation may at any time and for any reason declare a particular member of the diplomatic staff to be persona non grataPersona non grataPersona non grata , literally meaning "an unwelcome person", is a legal term used in diplomacy that indicates a proscription against a person entering the country...
. The sending state must recall this person within a reasonable period of time, or otherwise this person may lose their diplomatic immunity. - Article 22. The premises of a diplomatic mission, such as an embassy, are inviolate and must not be entered by the host country except by permission of the head of the mission. Furthermore, the host country must protect the mission from intrusion or damage. The host country must never search the premises, nor seize its documents or property. Article 30 extends this provision to the private residence of the diplomats.
- Article 27. The host country must permit and protect free communication between the diplomats of the mission and their home country. A diplomatic bagDiplomatic bagA diplomatic bag, also known as a diplomatic pouch is a kind of receptacle used by diplomatic missions. The physical concept of a "diplomatic bag" is flexible and therefore can take many forms e.g. an envelope, parcel, large suitcase or shipping container, etc...
must never be opened even on suspicion of abuse. A diplomatic courierDiplomatic courierA diplomatic courier is an official who transports diplomatic bags as sanctioned under the 1961 Vienna Convention on Diplomatic Relations. Couriers are granted diplomatic immunity and are thereby protected by the receiving state from arrest and detention when performing their work...
must never be arrested or detained. - Article 29. Diplomats must not be liable to any form of arrest or detention. They are immune from civil or criminal prosecution, though the sending country may waive this right under Article 32. Under Article 34, they are exempt from most taxes, and under Article 36 they are exempt from most customs duties.
- Article 31.1c Actions not covered by diplomatic immunity: professional activity outside diplomat's official functions.
- Article 37. The family members of a diplomat that are living in the host country enjoy most of the same protections as the diplomats themselves.
Optional protocols
In the same year that the treaty was adopted, two amendment protocolsProtocol (diplomacy)
In international politics, protocol is the etiquette of diplomacy and affairs of state.A protocol is a rule which guides how an activity should be performed, especially in the field of diplomacy. In diplomatic services and governmental fields of endeavor protocols are often unwritten guidelines...
were added. Countries may ratify the main treaty without necessarily ratifying these optional agreements.
- Concerning acquisition of nationality. The head of the mission, the staff of the mission, and their families, shall not acquire the nationality of the receiving country.
- Concerning compulsory settlement of disputes. Disputes arising from the interpretation of this treaty may be brought before the International Court of JusticeInternational Court of JusticeThe International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
.
State parties to the convention
There are 187 state parties, where the convention is ratified.The states which neither signed nor ratified the convention are: Antigua and Barbuda
Antigua and Barbuda
Antigua and Barbuda is a twin-island nation lying between the Caribbean Sea and the Atlantic Ocean. It consists of two major inhabited islands, Antigua and Barbuda, and a number of smaller islands...
, Sultanate of Brunei, Cook Islands
Cook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
, Republic of Gambia, Niue
Niue
Niue , is an island country in the South Pacific Ocean. It is commonly known as the "Rock of Polynesia", and inhabitants of the island call it "the Rock" for short. Niue is northeast of New Zealand in a triangle between Tonga to the southwest, the Samoas to the northwest, and the Cook Islands to...
, Republic of Palau, Solomon Islands
Solomon Islands
Solomon Islands is a sovereign state in Oceania, east of Papua New Guinea, consisting of nearly one thousand islands. It covers a land mass of . The capital, Honiara, is located on the island of Guadalcanal...
, Republic of Vanuatu and the states with limited recognition.
See also
- Vienna Convention on Consular RelationsVienna Convention on Consular RelationsThe Vienna Convention on Consular Relations of 1963 is an international treaty that defines a framework for consular relations between independent countries...
(1963) - Vienna Convention on the Law of TreatiesVienna Convention on the Law of TreatiesThe Vienna Convention on the Law of Treaties is a treaty concerning the international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969. The Convention entered into force on 27 January 1980. The VCLT has been ratified by 111 states as of November...
(1969) - Vienna Convention on the Law of Treaties between States and International Organizations or Between International Organizations (1986)
- Vienna ConventionVienna ConventionVienna Convention can mean any of a number of treaties signed in Vienna. Notable are:* several treaties and conventions resulted from the Congress of Vienna which redrew the map of Europe, only partially restoring the pre-Napoleonic situation, and drafted new rules for international relations*...
s for a list of other conventions - Diplomatic immunityDiplomatic immunityDiplomatic immunity is a form of legal immunity and a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws...
- Embassy
- Consulate