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The Vienna Convention on Diplomatic Relations of 1961 is an international
, there are 193 state parties to the Vienna Convention, including all
Original text related to this articleDiplomatic Relations ProtocolsThe Vienna Convention on Diplomatic Relations 50th Anniversary Website Created by the 2011 VCDR 50th Anniversary Project
on the ''Vienna Convention on Diplomatic Relations'' in th
* ttp://legal.un.org/avl/ls/Denza_DCL.html Lectureby Eileen Denza entitled ''Diplomatic and Consular Law – Topical Issues'' in th
Lecture Series of the United Nations Audiovisual Library of International Law
by
Lecture Series of the United Nations Audiovisual Library of International Law
{{DEFAULTSORT:Vienna Convention on Diplomatic Relations Diplomatic immunity and protection treaties Cold War treaties Treaties drafted by the International Law Commission Treaties concluded in 1961 Treaties entered into force in 1964 Treaties of the Kingdom of Afghanistan Treaties of the People's Socialist Republic of Albania Treaties of Algeria Treaties of Andorra Treaties of the People's Republic of Angola Treaties of Argentina Treaties of Armenia Treaties of Australia Treaties of Austria Treaties of Azerbaijan Treaties of the Bahamas Treaties of Bahrain Treaties of Bangladesh Treaties of Barbados Treaties of the Byelorussian Soviet Socialist Republic Treaties of Belgium Treaties of Belize Treaties of the Republic of Dahomey Treaties of Bhutan Treaties of Bolivia Treaties of Bosnia and Herzegovina Treaties of Botswana Treaties of the military dictatorship in Brazil Treaties of Brunei Treaties of the People's Republic of Bulgaria Treaties of Burkina Faso Treaties of Burundi Treaties of the Kingdom of Cambodia (1953–1970) Treaties of Cameroon Treaties of Canada Treaties of Cape Verde Treaties of the Central African Republic Treaties of Chad Treaties of Chile Treaties of the People's Republic of China Treaties of Colombia Treaties of the Comoros Treaties of the Republic of the Congo Treaties of Costa Rica Treaties of Ivory Coast Treaties of Croatia Treaties of Cuba Treaties of Cyprus Treaties of the Czech Republic Treaties of Czechoslovakia Treaties of North Korea Treaties of the Democratic Republic of the Congo (1964–1971) Treaties of Denmark Treaties of Djibouti Treaties of Dominica Treaties of the Dominican Republic Treaties of Ecuador Treaties of Egypt Treaties of El Salvador Treaties of Equatorial Guinea Treaties of Eritrea Treaties of Estonia Treaties of the Derg Treaties of Fiji Treaties of Finland Treaties of France Treaties of Gabon Treaties of the Gambia Treaties of Georgia (country) Treaties of West Germany Treaties of East Germany Treaties of Ghana Treaties of the Kingdom of Greece Treaties of Grenada Treaties of Guatemala Treaties of Guinea Treaties of Guinea-Bissau Treaties of Guyana Treaties of Haiti Treaties of the Holy See Treaties of Honduras Treaties of the Hungarian People's Republic Treaties of Iceland Treaties of India Treaties of Indonesia Treaties of Pahlavi Iran Treaties of the Iraqi Republic (1958–1968) Treaties of Ireland Treaties of Israel Treaties of Italy Treaties of Jamaica Treaties of Japan Treaties of Jordan Treaties of Kazakhstan Treaties of Kenya Treaties of Kiribati Treaties of Kuwait Treaties of Kyrgyzstan Treaties of the Kingdom of Laos Treaties of Latvia Treaties of Lebanon Treaties of Lesotho Treaties of Liberia Treaties of the Libyan Arab Jamahiriya Treaties of Liechtenstein Treaties of Lithuania Treaties of Luxembourg Treaties of Madagascar Treaties of Malawi Treaties of Malaysia Treaties of the Maldives Treaties of Mali Treaties of Malta Treaties of the Marshall Islands Treaties of Mauritania Treaties of Mauritius Treaties of Mexico Treaties of the Federated States of Micronesia Treaties of Monaco Treaties of the Mongolian People's Republic Treaties of Montenegro Treaties of Morocco Treaties of the People's Republic of Mozambique Treaties of Myanmar Treaties of Namibia Treaties of Nauru Treaties of Nepal Treaties of the Netherlands Treaties of New Zealand Treaties of Nicaragua Treaties of Niger Treaties of Nigeria Treaties of Norway Treaties of Oman Treaties of Pakistan Treaties of the State of Palestine Treaties of Panama Treaties of Papua New Guinea Treaties of Paraguay Treaties of Peru Treaties of the Philippines Treaties of the Polish People's Republic Treaties of the Estado Novo (Portugal) Treaties of Qatar Treaties of South Korea Treaties of Moldova Treaties of the Socialist Republic of Romania Treaties of the Soviet Union Treaties of Rwanda Treaties of Samoa Treaties of San Marino Treaties of São Tomé and Príncipe Treaties of Saudi Arabia Treaties of Senegal Treaties of Serbia and Montenegro Treaties of Seychelles Treaties of Sierra Leone Treaties of Singapore Treaties of Slovakia Treaties of Slovenia Treaties of the Somali Republic Treaties of South Africa Treaties of Francoist Spain Treaties of Sri Lanka Treaties of Saint Kitts and Nevis Treaties of Saint Lucia Treaties of Saint Vincent and the Grenadines Treaties of the Democratic Republic of the Sudan Treaties of Suriname Treaties of Eswatini Treaties of Sweden Treaties of Switzerland Treaties of Syria Treaties of Tajikistan Treaties of Thailand Treaties of North Macedonia Treaties of East Timor Treaties of Togo Treaties of Tonga Treaties of Trinidad and Tobago Treaties of Tunisia Treaties of Turkey Treaties of Turkmenistan Treaties of Tuvalu Treaties of Uganda Treaties of the Ukrainian Soviet Socialist Republic Treaties of the United Arab Emirates Treaties of the United Kingdom Treaties of Tanzania Treaties of the United States Treaties of Uruguay Treaties of Uzbekistan Treaties of Vanuatu Treaties of Venezuela Treaties of Vietnam Treaties of South Vietnam Treaties of the Yemen Arab Republic Treaties of South Yemen Treaties of Yugoslavia Treaties of Zambia Treaties of Zimbabwe United Nations treaties 1961 in Austria Treaties extended to Aruba Treaties extended to the Netherlands Antilles Treaties extended to the Faroe Islands Treaties extended to Greenland Treaties extended to Saint Christopher-Nevis-Anguilla Treaties extended to Bermuda Treaties extended to the British Virgin Islands Treaties extended to the Cayman Islands Treaties extended to the Falkland Islands Treaties extended to Gibraltar Treaties extended to Montserrat Treaties extended to the Pitcairn Islands Treaties extended to Saint Helena, Ascension and Tristan da Cunha Treaties extended to South Georgia and the South Sandwich Islands Treaties extended to the Turks and Caicos Islands Treaties extended to British Hong Kong Treaties extended to Portuguese Macau Treaties extended to West Berlin
treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations
An international organization or international o ...
that defines a framework for diplomatic relations
Diplomacy comprises spoken or written communication by representatives of states (such as leaders and diplomats) intended to influence events in the international system.Ronald Peter Barston, ''Modern diplomacy'', Pearson Education, 2006, p. 1 ...
between independent countries. Its aim is to facilitate "the development of friendly relations" among governments through a uniform set of practices and principles; most notably, it codifies the longstanding custom of diplomatic immunity
Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.
, in which diplomatic mission
A diplomatic mission or foreign mission is a group of people from a state or organization present in another state to represent the sending state or organization officially in the receiving or host state. In practice, the phrase usually deno ...
s are granted privileges that enable diplomats
A diplomat (from grc, δίπλωμα; romanized ''diploma'') is a person appointed by a state or an intergovernmental institution such as the United Nations or the European Union to conduct diplomacy with one or more other states or internatio ...
to perform their functions without fear of coercion or harassment by the host country. The Vienna Convention is a cornerstone of modern international relations
International relations (IR), sometimes referred to as international studies and international affairs, is the scientific study of interactions between sovereign states. In a broader sense, it concerns all activities between states—such as ...
and international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
and is almost universally ratified
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inten ...
and observed; it is considered one of the most successful legal instruments drafted under the United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
.
History
Throughout the history of sovereign states,diplomats
A diplomat (from grc, δίπλωμα; romanized ''diploma'') is a person appointed by a state or an intergovernmental institution such as the United Nations or the European Union to conduct diplomacy with one or more other states or internatio ...
have enjoyed a special status. 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 first attempt to codify diplomatic immunity
Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.
into diplomatic law Diplomatic law is that area of international law that governs permanent and temporary diplomatic missions. A fundamental concept of diplomatic law is that of diplomatic immunity, which derives from state immunity.
Key elements of diplomatic law are ...
occurred with the Congress of Vienna
The Congress of Vienna (, ) of 1814–1815 was a series of international diplomatic meetings to discuss and agree upon a possible new layout of the European political and constitutional order after the downfall of the French Emperor Napoleon B ...
in 1815. This was followed much later by the Convention regarding Diplomatic Officers (Havana, 1928).
The present treaty on the treatment of diplomats was the outcome of a draft by the International Law Commission
The International Law Commission (ILC) is a body of experts responsible for helping develop and codify international law. It is composed of 34 individuals recognized for their expertise and qualifications in international law, who are elected by t ...
. The treaty was adopted on 18 April 1961, by the United Nations Conference on Diplomatic Intercourse and Immunities held in Vienna
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, Austria
Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
, 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 the Holy See
The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of Rome ...
's diplomatic immunity status with other nations.
Two years later, the United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
adopted a closely related treaty, the Vienna Convention on Consular Relations
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.
Summary of provisions
The Vienna Convention is an extensive document, containing 53 articles. The following is a basic overview of its key provisions. * The host nation at any time and for any reason can declare a particular member of the diplomatic staff to be '' persona non grata''. The sending state must recall this person within a reasonable period of time, or otherwise this person may lose their diplomatic immunity (Article 9). * The premises of a diplomatic mission, diplomatic premiers are the houses of ambassadors and 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 the diplomats. * 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 diplomats of the mission and their home country. A diplomatic bag must never be opened, even on suspicion of abuse, and a diplomatic courier must never be arrested or detained (Article 27). * Diplomats 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). * Diplomats 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 enjoy most of the same protections as the diplomats themselves (Article 37).Optional protocols
The same year the treaty was adopted, twoprotocols
Protocol may refer to:
Sociology and politics
* Protocol (politics), a formal agreement between nation states
* Protocol (diplomacy), the etiquette of diplomacy and affairs of state
* Etiquette, a code of personal behavior
Science and technology ...
were added as amendments; countries may ratify 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 the International Court of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
.
* Countries can choose to recognize their embassies as sovereign territory
States parties to the convention
, there are 193 state parties to the Vienna Convention, including all UN member states
The United Nations member states are the sovereign states that are members of the United Nations (UN) and have equal representation in the UN General Assembly. The UN is the world's largest intergovernmental organization.
The criteria ...
– with the exceptions of Palau
Palau,, officially the Republic of Palau and historically ''Belau'', ''Palaos'' or ''Pelew'', is an island country and microstate in the western Pacific. The nation has approximately 340 islands and connects the western chain of the Caro ...
and South Sudan
South Sudan (; din, Paguot Thudän), officially the Republic of South Sudan ( din, Paankɔc Cuëny Thudän), is a landlocked country in East Africa. It is bordered by Ethiopia, Sudan, Central African Republic, Democratic Republic of the C ...
– and the UN observer states of the Holy See
The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of Rome ...
and State of Palestine
Palestine ( ar, فلسطين, Filasṭīn), Legal status of the State of Palestine, officially the State of Palestine ( ar, دولة فلسطين, Dawlat Filasṭīn, label=none), is a state (polity), state located in Western Asia. Officiall ...
. The Republic of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
signed and ratified the convention on 18 April 1961 and 19 December 1969, respectively, prior to the UN granting China's seat to the People's Republic of China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
. There are no states that have signed the treaty but not ratified it.
See also
*Vienna Convention on Consular Relations
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(1963)
* Vienna Convention on the Law of Treaties
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties between states. Known as the "treaty on treaties", it establishes comprehensive rules, procedures, and guidelines for how treaties are defined ...
(1969)
* Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (1986)
* Vienna Conventions for a list of other conventions
* Diplomatic immunity
Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.
* Protection of Diplomats Convention
The Protection of Diplomats Convention (formally, the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents) is a United Nations anti-terrorism treaty that codifies some of th ...
* Precedence among European monarchies
The order of precedence among European monarchies was a much-contested theme of European history, until it lost its salience following the Congress of Vienna in 1815.
Origins
Following the fall of the Western Roman Empire, many of the new politi ...
References
*Acta Universitatis Danubius. Relationes Internationales, Vol 9, No 1 (2016)External links
Original text related to this article
on the ''Vienna Convention on Diplomatic Relations'' in th
* ttp://legal.un.org/avl/ls/Denza_DCL.html Lectureby Eileen Denza entitled ''Diplomatic and Consular Law – Topical Issues'' in th
Lecture Series of the United Nations Audiovisual Library of International Law
by
John Dugard
Christopher John Robert Dugard (born 23 August 1936 in Fort Beaufort), known as John Dugard, is a South African professor of international law. His main academic specializations are in Roman-Dutch law, public international law, jurisprudence, hum ...
entitled ''Diplomatic Protection'' in thLecture Series of the United Nations Audiovisual Library of International Law
{{DEFAULTSORT:Vienna Convention on Diplomatic Relations Diplomatic immunity and protection treaties Cold War treaties Treaties drafted by the International Law Commission Treaties concluded in 1961 Treaties entered into force in 1964 Treaties of the Kingdom of Afghanistan Treaties of the People's Socialist Republic of Albania Treaties of Algeria Treaties of Andorra Treaties of the People's Republic of Angola Treaties of Argentina Treaties of Armenia Treaties of Australia Treaties of Austria Treaties of Azerbaijan Treaties of the Bahamas Treaties of Bahrain Treaties of Bangladesh Treaties of Barbados Treaties of the Byelorussian Soviet Socialist Republic Treaties of Belgium Treaties of Belize Treaties of the Republic of Dahomey Treaties of Bhutan Treaties of Bolivia Treaties of Bosnia and Herzegovina Treaties of Botswana Treaties of the military dictatorship in Brazil Treaties of Brunei Treaties of the People's Republic of Bulgaria Treaties of Burkina Faso Treaties of Burundi Treaties of the Kingdom of Cambodia (1953–1970) Treaties of Cameroon Treaties of Canada Treaties of Cape Verde Treaties of the Central African Republic Treaties of Chad Treaties of Chile Treaties of the People's Republic of China Treaties of Colombia Treaties of the Comoros Treaties of the Republic of the Congo Treaties of Costa Rica Treaties of Ivory Coast Treaties of Croatia Treaties of Cuba Treaties of Cyprus Treaties of the Czech Republic Treaties of Czechoslovakia Treaties of North Korea Treaties of the Democratic Republic of the Congo (1964–1971) Treaties of Denmark Treaties of Djibouti Treaties of Dominica Treaties of the Dominican Republic Treaties of Ecuador Treaties of Egypt Treaties of El Salvador Treaties of Equatorial Guinea Treaties of Eritrea Treaties of Estonia Treaties of the Derg Treaties of Fiji Treaties of Finland Treaties of France Treaties of Gabon Treaties of the Gambia Treaties of Georgia (country) Treaties of West Germany Treaties of East Germany Treaties of Ghana Treaties of the Kingdom of Greece Treaties of Grenada Treaties of Guatemala Treaties of Guinea Treaties of Guinea-Bissau Treaties of Guyana Treaties of Haiti Treaties of the Holy See Treaties of Honduras Treaties of the Hungarian People's Republic Treaties of Iceland Treaties of India Treaties of Indonesia Treaties of Pahlavi Iran Treaties of the Iraqi Republic (1958–1968) Treaties of Ireland Treaties of Israel Treaties of Italy Treaties of Jamaica Treaties of Japan Treaties of Jordan Treaties of Kazakhstan Treaties of Kenya Treaties of Kiribati Treaties of Kuwait Treaties of Kyrgyzstan Treaties of the Kingdom of Laos Treaties of Latvia Treaties of Lebanon Treaties of Lesotho Treaties of Liberia Treaties of the Libyan Arab Jamahiriya Treaties of Liechtenstein Treaties of Lithuania Treaties of Luxembourg Treaties of Madagascar Treaties of Malawi Treaties of Malaysia Treaties of the Maldives Treaties of Mali Treaties of Malta Treaties of the Marshall Islands Treaties of Mauritania Treaties of Mauritius Treaties of Mexico Treaties of the Federated States of Micronesia Treaties of Monaco Treaties of the Mongolian People's Republic Treaties of Montenegro Treaties of Morocco Treaties of the People's Republic of Mozambique Treaties of Myanmar Treaties of Namibia Treaties of Nauru Treaties of Nepal Treaties of the Netherlands Treaties of New Zealand Treaties of Nicaragua Treaties of Niger Treaties of Nigeria Treaties of Norway Treaties of Oman Treaties of Pakistan Treaties of the State of Palestine Treaties of Panama Treaties of Papua New Guinea Treaties of Paraguay Treaties of Peru Treaties of the Philippines Treaties of the Polish People's Republic Treaties of the Estado Novo (Portugal) Treaties of Qatar Treaties of South Korea Treaties of Moldova Treaties of the Socialist Republic of Romania Treaties of the Soviet Union Treaties of Rwanda Treaties of Samoa Treaties of San Marino Treaties of São Tomé and Príncipe Treaties of Saudi Arabia Treaties of Senegal Treaties of Serbia and Montenegro Treaties of Seychelles Treaties of Sierra Leone Treaties of Singapore Treaties of Slovakia Treaties of Slovenia Treaties of the Somali Republic Treaties of South Africa Treaties of Francoist Spain Treaties of Sri Lanka Treaties of Saint Kitts and Nevis Treaties of Saint Lucia Treaties of Saint Vincent and the Grenadines Treaties of the Democratic Republic of the Sudan Treaties of Suriname Treaties of Eswatini Treaties of Sweden Treaties of Switzerland Treaties of Syria Treaties of Tajikistan Treaties of Thailand Treaties of North Macedonia Treaties of East Timor Treaties of Togo Treaties of Tonga Treaties of Trinidad and Tobago Treaties of Tunisia Treaties of Turkey Treaties of Turkmenistan Treaties of Tuvalu Treaties of Uganda Treaties of the Ukrainian Soviet Socialist Republic Treaties of the United Arab Emirates Treaties of the United Kingdom Treaties of Tanzania Treaties of the United States Treaties of Uruguay Treaties of Uzbekistan Treaties of Vanuatu Treaties of Venezuela Treaties of Vietnam Treaties of South Vietnam Treaties of the Yemen Arab Republic Treaties of South Yemen Treaties of Yugoslavia Treaties of Zambia Treaties of Zimbabwe United Nations treaties 1961 in Austria Treaties extended to Aruba Treaties extended to the Netherlands Antilles Treaties extended to the Faroe Islands Treaties extended to Greenland Treaties extended to Saint Christopher-Nevis-Anguilla Treaties extended to Bermuda Treaties extended to the British Virgin Islands Treaties extended to the Cayman Islands Treaties extended to the Falkland Islands Treaties extended to Gibraltar Treaties extended to Montserrat Treaties extended to the Pitcairn Islands Treaties extended to Saint Helena, Ascension and Tristan da Cunha Treaties extended to South Georgia and the South Sandwich Islands Treaties extended to the Turks and Caicos Islands Treaties extended to British Hong Kong Treaties extended to Portuguese Macau Treaties extended to West Berlin