TheVienna Convention on Diplomatic Relations of 1961 is an internationaltreaty that defines a framework fordiplomatic relations betweenindependent countries.[2] Its aim is to facilitate "the development of friendly relations" among governments through a uniform set of practices and principles;[3] most notably, it codifies the longstanding custom ofdiplomatic immunity, in whichdiplomatic missions are granted privileges that enablediplomats to perform their functions without fear of coercion or harassment by the host country. The Vienna Convention is a cornerstone of moderninternational relations andinternational law and is almost universallyratified and observed;[1] it is considered one of the most successful legal instruments drafted under theUnited Nations.[4]
Throughout the history ofsovereign states,diplomats have enjoyed a special status. The principle ofdiplomatic immunity dates back to ancient times, when Greek and Roman governments granted special status to envoys. This basic concept has endured and continued to evolve over the centuries, remaining an important element of foreign relations up to the present day.[5] 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 present treaty on the treatment of diplomats was the outcome of a draft by theInternational Law Commission. The treaty was adopted on 18 April 1961, by the United Nations Conference on Diplomatic Intercourse and Immunities held inVienna,Austria, and first implemented on 24 April 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. One notable aspect which arose from the 1961 treaty was the establishment of theHoly See's diplomatic immunity status with other nations.[6]
The Vienna Convention is an extensive document, containing 53 articles. The following is a basic overview of its key provisions.[7]
The host nation at any time and for any reason can declare a particular member of the diplomatic staff to bepersona non grata. The sending state must recall this person within a reasonable period, otherwise, this person may lose their diplomatic immunity (Article 9).
The premises of a diplomatic mission are inviolable and must not be entered by the host country except by permission of the head of the mission; likewise, the host country must never search the premises, may not seize its documents or property, and must protect the mission from intrusion or damage (Article 22). Article 30 extends this provision to the private residence of diplomatic agents.
The archives and documents of a diplomatic mission are inviolable and shall not be seized or opened by the host government (Article 24).
The host country must permit and protect free communication between the diplomatic agents of the mission and their home country. Adiplomatic bag must never be opened, even on suspicion of abuse, and adiplomatic courier must never be arrested or detained (Article 27).
Diplomatic agents must not be liable to any form of arrest or detention, and the receiving state must make all efforts to protect their person and dignity (Article 29).
Diplomatic agents are immune from the civil and criminal jurisdiction of the host state, with exceptions for professional activities outside the diplomat's official functions (Article 31). Article 32 permits sending states to waive this immunity.
Diplomatic missions are exempt from taxes (Article 34) and customs duties (Article 36).
Family members of diplomats living in the host country have many of the same protections as the diplomatic agents themselves (Article 37).
The same year the treaty was adopted, twoprotocols were added as amendments; countries mayratify 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 theInternational Court of Justice.