Vienna Convention on Diplomatic Relations

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Template:Infobox Treaty

The Vienna Convention on Diplomatic Relations[1], established in 1961[2], is an international treaty that outlines the framework for diplomatic interactions between sovereign nations. Its primary purpose is to promote "the development of friendly relations" among governments by providing a consistent set of practices and principles. A key aspect of the Convention is the codification of the long-standing practice of diplomatic immunity, which affords diplomatic missions certain privileges to allow diplomats to carry out their duties without the threat of coercion or harassment from the host nation. The Vienna Convention serves as a fundamental pillar of contemporary international relations and law, being nearly universally ratified and adhered to; it is regarded as one of the most effective legal instruments created under the auspices of the United Nations.

Summarised provisions[edit]

The Vienna Convention on Diplomatic Relations is a comprehensive document comprising 53 articles, which outlines essential provisions governing diplomatic interactions.[3]

  • One of the key stipulations is that the host country can declare any member of the diplomatic staff persona non grata at any time and for any reason. Following such a declaration, the sending state is required to recall the individual within a reasonable timeframe; failure to do so may result in the loss of their diplomatic immunity (Article 9).
  • The premises of a diplomatic mission are deemed inviolable, meaning the host nation cannot enter these premises without the permission of the head of the mission. Furthermore, the host country must not search the mission's premises or seize its documents and property. It is also obligated to safeguard the mission from any form of intrusion or damage (Article 22). This protection extends to the private residences of diplomatic agents as outlined in Article 30.
  • The archives and documents of a diplomatic mission are protected from seizure or examination by the host government (Article 24).
  • The host country is required to facilitate and safeguard unobstructed communication between the diplomatic agents and their home country. A diplomatic bag should never be opened, even if there are suspicions of misuse, and diplomatic couriers must not be arrested or detained under any circumstances (Article 27).
  • Diplomatic agents enjoy immunity from arrest or detention, and the receiving state must take all necessary measures to ensure their safety and dignity (Article 29).
  • Diplomatic agents are shielded from both civil and criminal jurisdiction of the host state, with certain exceptions pertaining to professional activities unrelated to their official duties (Article 31). Article 32 allows sending states to renounce this immunity if they choose.
  • Diplomatic missions benefit from exemptions from taxes (Article 34) and customs duties (Article 36).
  • Family members of diplomats residing in the host country receive similar protections as those afforded to the diplomatic agents themselves (Article 37).

State parties to the convention[edit]

As of June 2020, the Vienna Convention has been ratified by 193 state parties, which includes all member states of the United Nations, with the notable exceptions of Palau and South Sudan. Additionally, the UN observer states, namely the Holy See and the State of Palestine, are also parties to the Convention. The Republic of China signed the convention on 18 April 1961[4] and subsequently ratified it on 19 December 1969[5], before the UN allocated China's seat to the People's Republic of China. Notably, there are no countries that have signed the treaty without proceeding to ratification.

References[edit]

  1. Hindi: वियेना राजनयिक सम्बन्ध अभिसमय
  2. Indian National Calendar: 28 Saura Chaitra 1883
  3. "Vienna Convention on Diplomatic Relations". Audiovisual Library of International Law. United Nations. Retrieved 2010-04-09.
  4. Indian National Calendar: 28 saura chaitra 1883; २८ सौर चैत्र १८८३
  5. Indian National Calendar: 28 saura agrahāyaṇa 1891; २८ सौर अग्रहायण १८९१