The Vienna Convention on Diplomatic Relations of 1961 is an international

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, individuals, business entities, and other legal perso ...

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 den ...

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 internati ...

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 method, scientific study of interactions between sovereign states. In a broader sense, it concerns all activities betwe ...

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 inte ...

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 security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizi ...

History

Throughout the history of

sovereign states A sovereign state or sovereign country, is a political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined terr ...

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

into diplomatic law 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 en, Viennese , iso_code = AT-9 , registration_plate = W , postal_code_type = Postal code , postal_code = , timezone = CET , utc_offset = +1 , timezone_DST ...

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 R ...

's diplomatic immunity status with other nations. Two years later, the

adopted a closely related treaty, the

Vienna Convention on Consular Relations en, Viennese , iso_code = AT-9 , registration_plate = W , postal_code_type = Postal code , postal_code = , timezone = CET , utc_offset = +1 , timezone_DST ...

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 In diplomacy, a ' (Latin: "person not welcome", plural: ') is a status applied by a host country to foreign diplomats to remove their protection of diplomatic immunity from arrest and other types of prosecution. Diplomacy Under Article 9 of the ...

''. 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 A diplomatic bag, also known as a diplomatic pouch, is a container with certain legal protections used for carrying official correspondence or other items between a diplomatic mission and its home government or other diplomatic, consular, or othe ...

must never be opened, even on suspicion of abuse, and a

diplomatic courier A diplomatic courier is an official who transports diplomatic bags as sanctioned under the 1961 Vienna Convention on Diplomatic Relations. Couriers are granted diplomatic immunity and are thereby protected by the receiving state from arrest and ...

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, two protocols were added as amendments; countries may

ratify 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 ...

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

Vienna Convention on Diplomatic Relations

, 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 Ca ...

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 ...

– and the UN observer states of the

and

State of Palestine Palestine ( ar, فلسطين, Filasṭīn), officially the State of Palestine ( ar, دولة فلسطين, Dawlat Filasṭīn, label=none), is a state located in Western Asia. Officially governed by the Palestine Liberation Organization ( ...

. 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 northea ...

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 List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, sli ...

. There are no states that have signed the treaty but not ratified it.

References

*Acta Universitatis Danubius. Relationes Internationales, Vol 9, No 1 (2016)

External links

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

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, h ...