Primary source diplomatic immunity act, 1962 act 148 vienna convention on diplomatic relations vcdr, 1961 vienna convention consular relations vccr 1963 article 2 consent as basic requirement the establishment of diplomatic relations between states, and of permanent diplomatic missions, takes place by mutual consent. The vienna convention on diplomatic relations, apr. Vienna convention on diplomatic relations wikipedia. Implementing the vienna convention on diplomatic relations 1978 10 case w. Article 2 the establishment of diplomatic relations between states, and of permanent diplomatic missions, takes place by mutual consent. Be it enacted by parliament in the twentythird year of the republic of india as follows. The study examines the topic of diplomatic immunity and privileges. Consular immunity is a lesser form of diplomatic immunity. The vienna convention on diplomatic relations of 1961 is an international treaty that defines a framework for diplomatic relations between independent. The sending state must make certain that the agrement of the.
Its articles are considered a cornerstone of modern international relations. Vcdr codifies rules of international law on diplomatic intercourse, privileges, and immunities immunity, diplomatic. Abuse of diplomatic privileges and the balance between. Convention on consular relations signed in vienna on 24th april, 1963. Diplomatic immunity has strong reason for its existence principally, that of guaranteeing the freedom and independence of diplomats in order to permit them to carry out their functions without risk of undue pressure by receiving states.
But diplomatic immunity also has mired consulates and embassies in controversy. The vienna convention and diplomatic immunity diplomacy. Article vii, section 27 and the uns diplomatic pouch has the same privileges and immunities. Increased global cooperation means that this immunity is especially important.
The privileges and immunities of foreign diplomatic and consular missions and of their staff and family members are set out by the vienna convention on diplomatic relations vcdr, 1961 and by the vienna convention on consular relations vccr 1963. Pdf an analysis on the 1961 vienna convention on diplomatic. Vienna convention on consular relations office of legal affairs. Schedule 1 vienna convention on diplomatic relations, 1961 schedule 2 vienna convention on consular relations, 1963 schedule 3 convention on the privileges and immunities of the united nations, 1946. Vienna convention on diplomatic relations means the vienna convention on diplomatic relations signed in vienna on 18th april, 1961. Hereafter all references are to the vienna convention on diplomatic relations, unless otherwise stated.
Some but not all provisions in the convention regarding this immunity reflect customary international law. Modern diplomatic immunity was codified as international law in the vienna convention on diplomatic relations 1961 which has been ratified by all but a handful of nations. Oct 17, 2017 as discussed in the introduction, diplomatic immunity is a fundamental principle of international relations 77 and it was established to promote international relations by protecting diplomats from retaliation in time of international conflicts. High ranking foreign diplomats high ranking embassy officials such as ambassadors, who interact directly with the officials of the host country on behalf of their home country, enjoy the highest level of diplomatic immunity. Establishment and conduct of diplomatic relations article 2 the establishment of diplomatic relations between states, and of permanent diplomatic missions, takes place by mutual consent. This forms the legal basis for diplomatic immunity. Diplomatic relations hereinafter vienna convention provides for immunity of diplomats and the diplomatic agents family members. The convention article 43 provides for consular immunity.
Critically evaluate the impact of the vienna convention on. Immunities of state officials, international crimes, and. An act to give effect to the vienna convention on diplomatic relations, 1961 and to provide for matters connected therewith. The convention defines diplomatic agents as the heads of missions or members of the diplomatic staff, thus impliedly withholding the same privileges from all. Personal inviolability and diplomatic immunity in respect of serious crimes 2003 viii juridica international 110, 1. Diplomatic immunity under the vienna convention on diplomatic relations the term diplomatic immunity must now be used with caution since immunities vary depending on the personnel category, as established by the vienna convention, in which the individual fits. Diplomatic immunity is a form of legal immunity that ensures diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host countrys laws, although they may still be expelled. State practice under the vienna convention on diplomatic relations volume 37 issue 1 jonathan brown skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites.
These conventions have formalized the customary rules and made their application more uniform. Diplomatic agents should in principle be of the nationality of the sending state, cf. Vienna convention means the international convention first on diplomatic relations set forth in the first schedule. Headquarters agreement and the vienna convention on diplomatic relations, apr.
Vienna convention on diplomatic relations the states parties to the present convention, recalling that peoples of all nations from anoient times have recognized the status of diplomatic agenta, having in mind the purposes and principles of the charter of the united nations concerning the sovereign equality of states, the. Considering that the united nations conference on diplomatic intercourse and immunities adopted the vienna convention on diplomatic relations which was opened for signature on 18 april 1961, believing that an international convention on consular relations, privileges and immunities would. Convention on special missions, 1969 united nations. Article 8 of the vienna convention on diplomatic relations. The study proceeds from the fact that the vcdr is the most global and universally accepted instrument ever instituted to regulate diplomatic conduct. Vienna convention on diplomatic relations, 1961 office of legal. Under article 3la of the vienna convention on diplomatic relations, a diplomatic agent has no immunity in case of a real action relating to private immovable property situated in the territory of the receiving state unless he holds it on behalf of the sending state for purposes of the mission. The article states that the members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of the receiving state, enjoy the privileges and immunities specified in articles 29 to 36. Anderson ms 1993 the rise of modern diplomacy, 14501919.
The vienna convention on diplomatic relations of 1961 is an international treaty that defines a framework for diplomatic relations between independent countries. The study proceeds from the fact that the vcdr is the most global and universally accepted instrument ever instituted to regulate diplomatic. In the vienna convention privilegs and immunities are mentioned as. Diplomatic immunity diplomatic mission sovereign state. Vienna convention on diplomatic relations done at vienna on 18 april 1961 the states parties to the present convention, recalling that peoples of all nations from ancient times have recognized the status of diplomatic agents, having in mind the purposes and principles of the charter of the united nations concerning the. Courts generally dislike limiting immunities that are provided by the vienna convention and routinely side with the state department. Consular officers and consular employees have functional immunity i. Ugwu, diplomatic relations in international law and some relevant provisions of the 1961 vienna convention on. Vienna convention would support the view that immunity and inviolability fell away when diplomats and missions abused their positions.
In 1961, the vienna convention on diplomatic relations was drafted and this convention outlined the rules included in diplomatic and international law. However, this privilege has been abused by various diplomats in a foreign. Convention s success are the comprehensive formulation of almost every aspect of diplomatic law to the satisfaction of most states, and the presence of reciprocity. The vienna convention on diplomatic relations is an international treaty, acknowledged by 192 parties till date, and characterizes a rule for diplomatic relations among various autonomous nations. The two most important documents, however, prior to the 1961 vienna convention on diplomatic relations, were the 1928 havana convention on diplomatic officers and the harvard research draft convention on diplomatic privileges and immunities of 1932. Optional protocol to the vienna convention on diplomatic relations, concerning acquisition of nationality. The inviolability of diplomatic and consular premises. The treaty addresses numerous aspects of diplomatic immunity including approval of diplomats by the host country,2 appointment of mission staff, 9 17. The convention defines diplomatic agents as the heads of missions or members of the diplomatic staff, thus impliedly withholding the same privileges from all others. Subject to this act, the provisions of the vienna convention on of the diplomatic relations and the vienna convention on. 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. Arts 29 and 31 vienna convention on diplomatic relations 1961 vcdr, 500 unts 95. Vienna convention on diplomatic relations, purpose and principles as it relates to state protocol.
The convention arranges the principles for the exchange and treatment of agents between states, which have been solidly settled in customary law for a long time. The obligation of diplomats to respect the laws and. Apr 03, 2021 according to the vienna convention on diplomatic relations, 1961 the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions as representing states. In the case of the secretarygeneral, the security council shall have the right to waive immunity. Notwithstanding the antiquity of the concept of diplomatic immunity, its purpose is often misunderstood by the citizens of this and other countries.
African journal of criminology and justice studies. Soon after, nigeria acceded to the vienna conventions on diplomatic and consular relations of 1961 and 1963 and adopted the diplomatic immunities and privileges act, 1962. A commentary on the 1961 vienna convention on diplomatic. Only diplomatic agents, under the terms of the convention, are vested with blanket diplomatic immunity from civil and criminal suits. Doc critically evaluate the impact of the vienna convention. In 1815, at the vienna congress, some common understanding was reached on this subject among states. Diplomatic immunity vienna convention 1961 lays out laws and specific means by which people are protected under the shield of diplomatic immunity diplomats are shielded from the laws of the host country in which they reside embassy and grounds are treated as if. It attempts a critical analysis of the vienna convention on diplomatic relations vcdr of 1961. The vienna convention on diplomatic relations was signed on the 18th of april, 1961. Diplomatic privileges vienna convention act an act to make provision for the law on diplomatic privileges 9 of 1982 and immunities by giving effect to the vienna convention on diplomatic relations signed in 1961 and for other matters connected therewith commencement.
Consular immunity is thus narrower than diplomatic immunity, which provides a general immunity from civil suit regardless of whether the diplomat was acting in the scope of his or her official functions. Pdf vienna convention on diplomatic relations, purpose and. Personal inviolability and diplomatic immunity in respect of serious. Diplomatic immunity vienna convention 1961 lays out laws and specific means by which people are protected under the shield of diplomatic immunity diplomats are shielded from the laws of the host country in which they reside embassy and grounds are treated as if they belong to the host country they reside. Privileges and immunities under the vienna convention on. The 1961 vienna convention on diplomatic relations, which was ratified in 1966, plots the standards of diplomatic law and is actualized by the foreign missions and international organizations act. Privileges and immunities, diplomatic and consular relations, etc. Immunity granted to diplomats by the vienna convention on diplomatic relations of 1961 is a privilege given by independent states who allow diplomats from foreign states to enter their own territory. Diplomatic and state immunity in respect of claims of. According to the vienna convention on diplomatic relations, 1961 the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions as representing states.
Hereinafter the vienna convention on diplomatic relations is referred to as the. Pdf on jan 1, 2012, holger hestermeyer published vienna convention on diplomatic relations 1961 find, read and cite all the research you need on. Besides the duties that diplomats perform, to truly understand diplomatic immunity we must first know where it came from. Vienna convention on consular relations have been concluded. Dec 23, 2019 the provisions of the vienna convention stipulate the major personnel who enjoy diplomatic protection. An act to make provision for the law on diplomatic privileges 9 of 1982 and immunities by giving. Vienna conventions on diplomatic and consular relations oxford. The relevant articles of these conventions were transformed into english law by the provisions of the diplomatic privileges act 1961, and by the consular relations act 1968. Convention on diplomatic relations vienna convention. The rigidity of the vienna convention as well as the obvious reciprocal. The 1961 vienna convention on diplomatic relations vcdr and the 1963 vienna convention on consular relations form the core of international diplomatic.
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