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The Vienna Convention on Consular Relations is an international
treaty A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
that defines a framework for consular relations between
sovereign state A sovereign state is a State (polity), state that has the highest authority over a territory. It is commonly understood that Sovereignty#Sovereignty and independence, a sovereign state is independent. When referring to a specific polity, the ter ...
s. It codifies many consular practices that originated from state custom and various bilateral agreements between states.
Consuls A consul is an official representative of a government who resides in a foreign country to assist and protect citizens of the consul's country, and to promote and facilitate commercial and diplomatic relations between the two countries. A consu ...
have traditionally been employed to represent the interests of states or their nationals at an embassy or consulate in another country. The Convention defines and articulates the functions, rights, and immunities accorded to consular officers and their offices, as well as the rights and duties of "receiving States" (where the consul is based) and "sending States" (the state the consul represents). Adopted in 1963, and in force since 1967, the treaty has been
ratified Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the case of bilateral treaties, ratification is usuall ...
by 182 states.


History

The convention was adopted on 24 April 1963 following the United Nations Conference on Consular Relations in
Vienna Vienna ( ; ; ) is the capital city, capital, List of largest cities in Austria, most populous city, and one of Federal states of Austria, nine federal states of Austria. It is Austria's primate city, with just over two million inhabitants. ...
, Austria from 4 March to 22 April 1963. Its official texts are in English, French, Chinese,
Russian Russian(s) may refer to: *Russians (), an ethnic group of the East Slavic peoples, primarily living in Russia and neighboring countries *A citizen of Russia *Russian language, the most widely spoken of the Slavic languages *''The Russians'', a b ...
and
Spanish Spanish might refer to: * Items from or related to Spain: **Spaniards are a nation and ethnic group indigenous to Spain **Spanish language, spoken in Spain and many countries in the Americas **Spanish cuisine **Spanish history **Spanish culture ...
; the Convention provides that the five versions are equally authentic.


Key provisions

The treaty contains 79 articles. The preamble to the Convention states that customary international law continues to apply to matters not addressed in the convention.Boleslaw Adam Boczek, ''International Law: A Dictionary'' (Scarecrow Press, 2014), pp. 41-42. Some significant provisions include. * Article 5 lists thirteen functions of a consul, including "protecting in the receiving State the interests of the sending State and of its nationals … within the limits permitted by international law", "helping and assisting nationals … of the sending State", and "furthering the development of commercial, economic, cultural and scientific relations between the sending State and the receiving State." * Article 23 provides that the host nation may at any time and for any reason declare a particular member of the consular staff to be ''
persona non grata In diplomacy, a ' (PNG) is a foreign diplomat that is asked by the host country to be recalled to their home country. If the person is not recalled as requested, the host state may refuse to recognize the person concerned as a member of the diplo ...
'', and that the sending state must recall this person within a reasonable period of time, or the person may lose their consular immunity. * Article 31 provides that the consular premises are
inviolable In religion and ethics, the sanctity of life, sometimes described as the inviolability of life, is a principle of implied protection regarding aspects of sentience, sentient life that are said to be holy, sacred, or otherwise of such Value theory, ...
(i.e., the host nation may not enter the consular premises, and must protect the premises from intrusion or damage). * Article 35 provides that freedom of communication between the consul and their home country must be preserved, that consular bags "shall be neither opened nor detained"; and that a consular courier must never be detained. * Article 36 addresses communications between consular officers and nationals of the sending state. The Convention provides that "consular officers shall be free to communicate with nationals of the sending State and to have access to them." Foreign nationals who are arrested or detained be given notice "without delay" of their right to have their embassy or consulate notified of that arrest, and "consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation." * Article 37 provides that with the host country must "without delay" notify consular officers of the sending state if one of the sending state's nationals dies or has a guardian or trustee appointed over him. The article also provides that consular officers must be informed "without delay" if a vessel with the sending state's nationality is wrecked or
runs aground Ship grounding or ship stranding is the impact of a ship on seabed or waterway side. It may be intentional, as in beaching to land crew or cargo, and careening, for maintenance or repair, or unintentional, as in a marine accident. In accident ...
"in the
territorial sea Territorial waters are informally an area of water where a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potentially the extended continental shelf ( ...
or
internal waters According to the United Nations Convention on the Law of the Sea, a nation's internal waters include waters on the side of the baseline of a nation's territorial waters that is facing toward the land, except in archipelagic states. It includes wa ...
of the receiving State, or if an aircraft registered in the sending State suffers an accident on the territory of the receiving State." * Article 40 provides that "The receiving State shall treat consular officers with due respect and shall take all appropriate steps to prevent any attack on their person, freedom or dignity." * Articles 58-68 deal with
honorary consul A consul is an official representative of a government who resides in a foreign country to assist and protect citizens of the consul's country, and to promote and facilitate commercial and diplomatic relations between the two countries. A consu ...
ar officers and their powers and functions.


Consular immunity

The convention (Article 43) provides for
consular immunity Consular immunity privileges are described in the Vienna Convention on Consular Relations of 1963 (VCCR).http://legal.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf Consular immunity offers protections similar to diplomatic immunit ...
. Some but not all provisions in the Convention regarding this immunity reflect
customary international law Customary international law consists of international legal obligations arising from established or usual international practices, which are less formal customary expectations of behavior often unwritten as opposed to formal written treaties or c ...
. Consular immunity is a lesser form 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.
. Consular officers and consular employees have "functional immunity" (i.e., immunity from the jurisdiction of the receiving state "in respect of acts performed in exercise of consular function"), but do not enjoy the broader "personal immunity" accorded to diplomats.


State parties to the Convention

There are 182 state parties to the convention, including most
UN member states The United Nations comprise sovereign states and the world's largest intergovernmental organization. All members have equal representation in the UN General Assembly. The Charter of the United Nations defines the rules for admission of ...
and UN observer states
Holy See The Holy See (, ; ), also called the See of Rome, the Petrine See or the Apostolic See, is the central governing body of the Catholic Church and Vatican City. It encompasses the office of the pope as the Bishops in the Catholic Church, bishop ...
and
State of Palestine Palestine, officially the State of Palestine, is a country in West Asia. Recognized by International recognition of Palestine, 147 of the UN's 193 member states, it encompasses the Israeli-occupied West Bank, including East Jerusalem, and th ...
. The signatory states that have not ratified the convention are:
Central African Republic The Central African Republic (CAR) is a landlocked country in Central Africa. It is bordered by Chad to Central African Republic–Chad border, the north, Sudan to Central African Republic–Sudan border, the northeast, South Sudan to Central ...
,
Israel Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...
,
Ivory Coast Ivory Coast, also known as Côte d'Ivoire and officially the Republic of Côte d'Ivoire, is a country on the southern coast of West Africa. Its capital city of Yamoussoukro is located in the centre of the country, while its largest List of ci ...
and
Republic of Congo The Republic of the Congo, also known as Congo-Brazzaville, the Congo Republic or simply the Congo (the last ambiguously also referring to the neighbouring Democratic Republic of the Congo), is a country located on the western coast of Central ...
. The UN member states that have neither signed nor ratified the convention are:
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan, is a landlocked country located at the crossroads of Central Asia and South Asia. It is bordered by Pakistan to the Durand Line, east and south, Iran to the Afghanistan–Iran borde ...
,
Burundi Burundi, officially the Republic of Burundi, is a landlocked country in East Africa. It is located in the Great Rift Valley at the junction between the African Great Lakes region and Southeast Africa, with a population of over 14 million peop ...
,
Chad Chad, officially the Republic of Chad, is a landlocked country at the crossroads of North Africa, North and Central Africa. It is bordered by Libya to Chad–Libya border, the north, Sudan to Chad–Sudan border, the east, the Central Afric ...
,
Comoros The Comoros, officially the Union of the Comoros, is an archipelagic country made up of three islands in Southeastern Africa, located at the northern end of the Mozambique Channel in the Indian Ocean. Its capital and largest city is Moroni, ...
,
Guinea-Bissau Guinea-Bissau, officially the Republic of Guinea-Bissau, is a country in West Africa that covers with an estimated population of 2,026,778. It borders Senegal to Guinea-Bissau–Senegal border, its north and Guinea to Guinea–Guinea-Bissau b ...
,
Ethiopia Ethiopia, officially the Federal Democratic Republic of Ethiopia, is a landlocked country located in the Horn of Africa region of East Africa. It shares borders with Eritrea to the north, Djibouti to the northeast, Somalia to the east, Ken ...
,
Palau Palau, officially the Republic of Palau, is an island country in the Micronesia subregion of Oceania in the western Pacific Ocean. The Republic of Palau consists of approximately 340 islands and is the western part of the Caroline Islands ...
,
San Marino San Marino, officially the Republic of San Marino, is a landlocked country in Southern Europe, completely surrounded by Italy. Located on the northeastern slopes of the Apennine Mountains, it is the larger of two European microstates, microsta ...
and
South Sudan South Sudan (), officially the Republic of South Sudan, is a landlocked country in East Africa. It is bordered on the north by Sudan; on the east by Ethiopia; on the south by the Democratic Republic of the Congo, Uganda and Kenya; and on the ...
.


Application of the treaty by the United States

In March 2005, following the decisions of the
International Court of Justice The International Court of Justice (ICJ; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, internation ...
in the ''LaGrand'' case (2001) and '' ''Avena'' case'' (2004), the United States withdrew from the Optional Protocol to the Convention concerning the Compulsory Settlement of Disputes, which confers the ICJ with compulsory jurisdiction over disputes arising under the convention. In 2006, the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
ruled that foreign nationals who were not notified of their right to consular notification and access after an arrest may not use the treaty violation to suppress evidence obtained in police interrogation or belatedly raise legal challenges after trial ('' Sanchez-Llamas v. Oregon''). In 2008, the U.S. Supreme Court further ruled that the decision of the ICJ directing the United States to give "review and reconsideration" to the cases of 51 Mexican convicts on
death row Death row, also known as condemned row, is a place in a prison that houses inmates awaiting execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of awaiting executio ...
was not a binding domestic law and therefore could not be used to overcome state procedural default rules that barred further post-conviction challenges ('' Medellín v. Texas''). In 1980, prior to its withdrawal from the Optional Protocol, the U.S. brought a case to the ICJ against
Iran Iran, officially the Islamic Republic of Iran (IRI) and also known as Persia, is a country in West Asia. It borders Iraq to the west, Turkey, Azerbaijan, and Armenia to the northwest, the Caspian Sea to the north, Turkmenistan to the nort ...
—'' United States Diplomatic and Consular Staff in Tehran'' (''United States v. Iran'')—in response to the seizure of United States diplomatic offices and personnel by militant revolutionaries.
International Court of Justice The International Court of Justice (ICJ; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, internation ...
, 24 May 1980
Case Concerning United States Diplomatic and Consular Staff in Tehran


See also

*
Vienna Convention on Diplomatic Relations The Vienna Convention on Diplomatic Relations of 1961 is an international treaty that defines a framework for diplomatic relations between independent countries. Its aim is to facilitate "the development of friendly relations" among government ...
*
International Organization for Migration The International Organization for Migration (IOM) is a United Nations related organization working in the field of migration. The organization implements operational assistance programmes for Human migration, migrants, including internally displa ...
*
Migration Migration, migratory, or migrate may refer to: Human migration * Human migration, physical movement by humans from one region to another ** International migration, when peoples cross state boundaries and stay in the host state for some minimum le ...
*
Border control Border control comprises measures taken by governments to monitor and regulate the movement of people, animals, and goods across land, air, and maritime borders. While border control is typically associated with international borders, it als ...
*
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 denotes ...
*
Consulate A consulate is the office of a consul. A type of mission, it is usually subordinate to the state's main representation in the capital of that foreign country (host state), usually an embassy (or, only between two Commonwealth countries, a ...
*
Chancery (diplomacy) A chancery is the principal office that houses a diplomatic mission or an embassy. This often includes the associated building and the site. The building can house one or several different nations' missions. The term derives from chancery or chan ...
*
Legation A legation was a diplomatic representative office of lower rank than an embassy. Where an embassy was headed by an ambassador, a legation was headed by a minister. Ambassadors outranked ministers and had precedence at official events. Legation ...
*
Diplomat A diplomat (from ; romanization, romanized ''diploma'') is a person appointed by a state (polity), state, International organization, intergovernmental, or Non-governmental organization, nongovernmental institution to conduct diplomacy with one ...
*
Travel visa A visa (; also known as visa stamp) is a conditional authorization granted by a polity to a foreigner that allows them to enter, remain within, or leave its territory. Visas typically include limits on the duration of the foreigner's stay, area ...
* Visa-waiver agreement


References


External links


Text of the Convention

Implications of the Vienna Convention on Consular Relations upon the Regulation of Consular Identification Cards


– Washington Post article by Charles Lane

by Juan Manuel Gómez Robledo, procedural history note and audiovisual material on the ''Vienna Convention on Consular 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
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