Vienna Convention on Diplomatic Relations

Vienna Convention on Diplomatic Relations

Subject: IR

Section: International conventions

What is Vienna Convention on Diplomatic Relations:

• The Vienna Convention on Diplomatic Relations was adopted in 1961 by the United Nations Conference on Diplomatic Intercourse and Immunities held in Vienna, Austria.
• It came into force on April 24, 1964 and is nearly universally ratified, with Palau and South Sudan being the exceptions.
• It provides a complete framework for the establishment, maintenance and termination of diplomatic relations on a basis of consent between independent sovereign States.
• The Vienna Convention applies not only to diplomats but also to both military and civilian personnel from the military departments, who are present in the country under the authority of the chief of the diplomatic mission.
• It explains the functions of a diplomatic mission, including representing the State, protecting the State, promoting friendly relations between the sending and receiving State.
• The security of any High Commission or Embassy is the responsibility of the host nation.
• While diplomatic missions can also employ their own security, ultimately, the host nation is accountable for security.
• The Convention codifies the longstanding custom of diplomatic immunity.
• Under this, the diplomatic missions are granted privileges that enable diplomats to perform their functions without fear of coercion or harassment by the host country.

What is Article 11.1 of the Vienna Convention on Diplomatic Relations:

• It deals with the size of the diplomatic mission
• In the absence of specific agreement as to the size of the mission, the receiving State may require that the size of a mission be kept within limits considered by it to be reasonable and normal,having regard to circumstances and conditions in the receiving State and to the needs of the particular mission.

What are the other key provisions of Vienna Convention on Diplomatic Relations:

• As per the Vienna Convention, a “receiving State” refers to the host nation where a diplomatic mission is located.
• Article 9: The host State can prohibit a member of the Sending state (persona non grata) from entering or remaining in the host State. The host State can expel the envoys.This person could be the head of mission, member of the diplomatic staff, or any other member of the mission.
• Article 22: It confirms the inviolability of mission premises.
  •  It bars the enforcement officers of the host State from searching the premises of the diplomatic mission and seizing its property or documents.
  •  Diplomatic bags may not be opened or detained.
  • The host State has a special duty to protect the premises of the diplomatic mission against intrusion, damage, disturbance of the peace or infringement of dignity.
• Article 27: The host State shall permit and protect free communication of the mission for official purposes.
• Article 29: Diplomatic members are not subject to any form of detention or arrest.
• Article 31: Diplomats are exempt from the criminal, civil and administrative jurisdiction of the host State.It is possible for the diplomat’s home country to waive immunity but this can happen only when the individual has committed a ‘serious crime’.
• Article 34: Sets out the tax exemption accorded to diplomats along with detailed exceptions in respect of matters unrelated to their official duties or to ordinary life in the receiving State.
• Article 36 :Provides for exemption from customs duties on diplomatic imports throughout a diplomat’s posting.
• Article 38 :  It bars from all privileges and immunities, except for immunity for their official acts, nationals, and permanent residents of the receiving State. 

India and Vienna Convention on Diplomatic Relations.

• India acceded to the Vienna Convention on Diplomatic Relations in 1965.
• India has enacted the Diplomatic Relations (Vienna Convention) Act, 1972 to give effect to the Vienna Convention..