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Home / IAS Preparation / Vienna Convention On Diplomatic Relations

Vienna Convention on Diplomatic Relations - History, Salient Features, Diplomatic Immunity And More!

Last Updated on Nov 23, 2022
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The Vienna Convention on Diplomatic Relations is an international law that codifies law on diplomatic intercourse, privileges, and immunities. It was adopted on 14 April 1961 by the United Nations Conference on Diplomatic Intercourse and Immunities held at the Neue Hofburg in Vienna, Austria, from 2 March to 14 April 1961. The Convention codifies the norms that have been firm regarding the exchange and treatment of envoys between governments. 

The topic of the Vienna Convention on diplomatic relations is important from the perspective of the UPSC IAS Examination, and it falls under General Studies Paper 1 (Preliminary) and General Studies Paper 2 (Mains) under the International Relations Section. For further information and an explanation of the topic, visit UPSC CSE Coaching here!

In this article, we shall discuss the Vienna Convention on diplomatic relations while having an insight into its important features, the types of immunity present, and Instances of immunity abuse in the past.

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Latest Updates on the Vienna Convention on Diplomatic Relations

  • India and Canada are currently in a dispute over the interpretation of the convention.
  • In October 2022, India revoked the diplomatic privileges and immunities of 41 Canadian diplomats in Delhi. This was in response to Canada's decision to withdraw 41 diplomats from India after India threatened to strip them of their diplomatic immunity.
  • India claims that Canada has violated the Vienna Convention on Diplomatic Relations by withdrawing its diplomats. It has also failed to provide adequate security for Indian diplomats in Canada. 
  • Canada claims that India's decision to revoke the diplomatic privileges and immunities of its diplomats is a violation of the Vienna Convention on Diplomatic Relations.
  • The dispute between India and Canada is still ongoing. 

About Vienna Convention on Diplomatic Relations

The Vienna Convention on Diplomatic Relations of 1961 is an international treaty that establishes a framework for diplomatic relations between independent nations. Its primary objective is to promote the development of friendly relations among governments by establishing a set of practices and principles. It is considered one of the most successful legal instruments created under the auspices of the United Nations.

History of the Vienna Convention

The Vienna Convention on Diplomatic Relations of 1961 has a significant historical background. Throughout the history of independent countries, diplomats have held a special status due to their role in negotiating agreements. This special status grants them certain privileges and immunities. The concept of diplomatic immunity was first attempted to be codified into diplomatic law during the Congress of Vienna in 1815. However, it was not until much later, in 1928, that the Convention regarding Diplomatic Officers was established in Havana.

The Vienna Convention on Diplomatic Relations was the result of a draft prepared by the International Law Commission. It was adopted on April 18, 1961, during the United Nations Conference on Diplomatic Intercourse and Immunities held in Vienna, Austria. The treaty came into effect on April 24, 1964. During the same conference, additional agreements were adopted.

One notable outcome of the 1961 treaty was the establishment of the diplomatic immunity status of the Holy See (the Vatican) with other nations. Two years later, the United Nations also adopted a closely related treaty, the Vienna Convention on Consular Relations.

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Important Features of the Vienna Convention 

Important features of the Vienna Convention are:

  • Article 11 – 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.
  • Article 12 – The sending State may not, without the prior express consent of the receiving State, establish offices forming part of the mission in localities other than those in which the mission itself is established.
  • Article 22 – The premises of the mission shall be inviolable. The agents of the receiving State may not enter them except with the consent of the head of the mission. Further, the receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.
  • Article 26 – Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure to all members of the mission freedom of movement and travel in its territory.
  • Article 29 – The person of a diplomatic agent shall be inviolable. He shall not be liable for any form of arrest or detention.
  • Article 38 – Except insofar as additional privileges and immunities may be granted by the receiving State, a diplomatic agent who is national of or permanently resident in that State shall enjoy only immunity from jurisdiction and inviolability in respect of official acts performed in the exercise of his functions.
  • Article 41 – Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State.

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Diplomatic Immunity
  • The diplomatic agents are provided with many privileges and immunities, which are considered the basis of international law.
  • The convention had accorded immunity from some civil jurisdictions and criminal prosecution to diplomats and their families and has provided lesser levels of protection to staff members.
  • The main aim of immunity is to allow diplomats to carry out their work without hindrance in the receiving state. This can be done only if the diplomats do not face any risk of reprisals from the latter state’s government.
  • However, the Vienna Convention does not give the diplomats carte blanche for misconduct.
  • The immunity provided does not place diplomats above the law of the land, and the diplomats are obliged to conduct themselves in accordance with the laws of the receiving state.
    • However, in the event of any misconduct, only the sending state has the authority to take action against the Diplomat, for instance, by recalling the diplomat or waiving his/her diplomatic immunity.

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Types of Immunity

The types of immunity provided to diplomatic agents are as follows:

  • Inviolability: Diplomatic agents cannot be arrested or detained, and their personal security must be protected.
  • Immunity from civil and administrative jurisdiction: Diplomatic agents cannot be sued in civil court or arrested for debt. Their property cannot be seized or sold.
  • Immunity from criminal jurisdiction: Diplomatic agents cannot be prosecuted for crimes.
  • Immunity regarding residence: Diplomatic agents' homes cannot be searched.
  • Immunity from giving evidence in court: Diplomatic agents cannot be forced to testify in court.
  • Immunity from payment of taxes: Diplomatic agents are exempt from paying taxes and customs duties.
  • Immunity from police rules and regulations: Police rules and regulations do not apply to diplomats.
  • Right of worship and devotion to god: Diplomats can practice their chosen religion.
  • Freedom of communication for official purposes: Diplomats can communicate freely with their home country.

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Instances of Immunity Abuse in the Past

The misuse of diplomatic immunities poses significant challenges to the effectiveness of the Vienna Convention.

  • Many members of the public are raising doubts about the concept of providing protection to diplomats. This leads to a reevaluation of the whole notion of diplomatic immunity.
  • Diplomatic agents have frequently been involved in cases of human trafficking. It is a widespread and persistent crime associated with them.
  • In Skeen Vs the Federative Republic of Brazil case, a complaint against the grandson of Brazil's Ambassador was rejected by the United States District Court for the District of Columbia due to lack of jurisdiction. The court determined that the Ambassador and his family had diplomatic certification from the US Department of State.
  • In the United States v. Guinand case, an administrative staff member from Peru was prosecuted for smuggling cocaine. This highlighted instances where diplomatic agents engage in criminal activities.
  • The UK government provided statistics in 2004. It revealed that diplomats and consular workers based in London had committed 122 major offences between 1999 and 2004.
  • Diplomats sometimes use diplomatic immunity to avoid appearing in court as witnesses. 
  • In 2013, the Consul General of Bahrain in Mumbai was accused of molesting a 49-year-old woman. However, he was not arrested due to diplomatic immunity.
  • In 2014, Indian police filed a criminal complaint against Israeli ambassadors. This was for assaulting an airport immigration worker. However, no action was taken due to diplomatic immunity.

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India and Vienna Convention
  • The government of India, in order to give effect to the Vienna Convention on diplomatic relations, enacted the Diplomatic Relations (Vienna Convention) Act, 1972. The act has applicability across the nation.
  • The Indian law also mentions the limits that can be utilized, according to Section 04 of the India Act. One of these limitations states that if a specific State violates its obligations under the Vienna Convention on Diplomatic Relations, the Relevant Minister in charge of the matter must withdraw any privileges and immunities granted to its diplomatic mission or to its members as may seem appropriate to the Central Government by publishing a notice in the Official Gazette.
  • The topic of diplomatic immunity has been covered in the Indian setting in a number of court rulings. When determining both sovereign immunity and diplomatic immunity in the case of Union of India v. Bilash Chand Jain, the court determined that diplomatic immunity is likewise subject to the restrictions of sovereign immunity that have grown through time.
  • India has seen diplomatic immunity misuse on its own soil by foreign States. In one instance, the two Italian marines who shot and killed two Indian fishermen in February 2012, likely thinking they were pirates and were being kept in detention in India pending prosecution, signed a document as a guarantee.
  • Indian history demonstrates that it has both perpetrated and been the victim of abuse. While the judiciary has made some progress in attempting to stop the misuse of diplomatic immunity, the Indian Government, on the other hand, has occasionally abused its diplomatic authority.

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Conclusion

The Vienna Convention on Diplomatic Relations is a typical example of a convention that codified the subject’s existing Customary International Law. With the virtually universal agreement, it is regarded as one of the most ratified treaties in the world. The Convention is unquestionably one of the most significant achievements in the development of international law. It has stabilized and strengthened the field of diplomatic law. With relatively few exceptions, compliance with the Convention remains high.

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Vienna Convention on Diplomatic Relations FAQs

The purpose of the Vienna Convention is to build friendly relations between nation States and to enable them to develop economic, cultural, and scientific relations.

The Vienna Convention on diplomatic relations was adopted on 14 April 1961 by the United Nations Conference on Diplomatic Intercourse and Immunities in Vienna, Austria.

Article 41 of the convention states that It is the duty of the one receiving immunities and privileges to respect the laws of the receiving state. It is also their duty not to interfere in the internal affairs of that state.

Yes, India is a part of the Vienna convention.

The Vienna convention on diplomatic relations consists of 53 articles.

Yes. The Vienna Convention is legally binding.

The Vienna convention was created in 1961.

Sir Humphrey Waldock was appointed in 1961, and from his six reports, the commission was able to develop a draft that it presented to the UN General Assembly in 1966 along with a suggestion that a conference is held to finalize the text of a convention.

The Vienna Convention on Diplomatic Relations was adopted in 1961.
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