This article is written by Ms. Sreya Saloni a 2nd year student of Lloyd Law College, Greater Noida.
Abstract
A global treaty that establishes guidelines for diplomatic relations between sovereign nations is the Vienna Convention on Diplomatic Relations, which was signed in 1961. In particular, it codifies the long-standing practice of diplomatic immunity, in which diplomatic missions are granted privileges that enable diplomats to perform their functions without fear of coercion or harassment by the host country. Its goal is to facilitate “the development of friendly relations” among governments through a uniform set of practices and principles. One of the most effective legal documents created under the United Nations, the Vienna Convention is a cornerstone of contemporary international relations and international law, and it is nearly universally accepted and obeyed.
Diplomats have benefited from a unique standing throughout the history of independent governments. Their role as mediators in between states negotiations necessitates specific unique benefits. It is customary to regard an ambassador from another country as a guest, to keep their communications with their home country private, and to value their independence from compulsion and oppression by the host country.
Congress of Vienna (1815) was the first effort to enshrine diplomatic immunity in international law. The Convention respecting Diplomatic Officers (Havana, 1928) came considerably later.
The International Law Commission’s draft became the current convention on the treatment of diplomats. The United Nations Conference on Diplomatic Intercourse and Immunities, held in Vienna, Austria, ratified the treaty on April 18, 1961. It was subsequently put into effect on April 24, 1964. The Final Act, four resolutions appended to it, the Optional Protocol about the Compulsory Settlement of Disputes, and the Optional Protocol concerning the Acquisition of Nationality were all adopted by the same Conference. The 1961 treaty’s creation of the Holy See’s diplomatic immunity status with other countries was one significant outcome.
A very important convention, the Vienna Convention on Consular Relations, was adopted by the UN two years later.
Introduction
An international agreement known as the Vienna Convention on Diplomatic Relations (VCDR) was made in Vienna, Austria, on April 18, 1961, and it came into effect on April 24, 1964.
It is regarded as a pillar of contemporary diplomatic law and procedure. The principles regulating diplomatic relations between nations are outlined in the treaty, along with the rights and obligations of diplomatic missions and their officials.
The Vienna Convention attempts to make laws for diplomatic norms and practices more explicit and codified. In order to guarantee the efficient administration of diplomacy and the safety of diplomatic envoys and missions, it offers a framework for diplomatic relations.
The agreement covers diplomatic agents, such as ambassadors, and other authorized officials in one state to the other state, as well as diplomatic posts, which include legations and embassies.
A few characteristics of the convention are:
Inviolability: The VCDR’s fundamental tenet is that diplomatic missions and agents are inviolable. This implies that diplomatic representatives and their locations are free from the host nation’s sovereignty. The receiving state is required to guard against arrest, search, and trespassing on the property and its agents.
Diplomatic immunity: There are several types of immunity available to diplomats, including as tax exemptions, personal inviolability, and immunity from both civil and criminal prosecution. Their ability to represent their own nation and carry out diplomatic operations is made easier by this immunity.
Communication Freedom: Diplomatic envoys are entitled to unrestricted communication with their government. Diplomatic baggage, papers, and correspondence are safeguarded and are never opened or held up by the VCDR.
Non-Interference in Domestic issues: The Vienna Convention makes it clear that diplomatic representatives are not allowed to meddle in their host country’s domestic issues. They must carry out their diplomatic operations in a way that complies with the rules and laws of the country they are visiting.
Responsibility to Respect Laws and Regulations: It is the duty of diplomatic representatives to adhere to the laws and regulations of their host nation. They are not allowed to misuse their rights or privileges.
Termination of Diplomatic Relations: The convention specifies how a state may end its diplomatic ties with another state, including how to close a diplomatic mission and remove a diplomatic envoy.
History
With the possible exception of the early aftermath of World War I, when some blamed them for the calamity, diplomats, who historically had a reputation for being unsavoury, have recently enjoyed great respect.
Since 1945, they have occasionally been elevated to the status of heroes because to the hardships of the Cold War and the rare, terrible mistreatment they suffered in unstable governments. Since the eighteenth century in especially, the shift in status has been linked to an increasing feeling of inclusion in a distinct and identifiable profession with its own set of skills and body of knowledge that qualified individuals may learn.
The understanding of rudimentary diplomatic privileges and immunities has existed since ancient times, with basic conventions imposed to protect essential messengers from potential harm. Until Roman times, necessary immunities were protected on religious grounds. The balance shifted with the Roman Empire, and the Code of Justinian and Corpus Juris Civilis provided the foundation for modern diplomatic immunity law. However, the absence of an agreed codification became evident during the Renaissance, when Italian city states interacted in Northern Italy. In the sixteenth century, the rise of independent rulers and governments in Europe led to significant changes in diplomatic activity. Diplomacy became the only alternative to warfare, as it could resolve uncertainties in power distribution. Diplomatic activity expanded across Europe, with disputes about diplomatic practice and precedence becoming a serious part of it. Diplomacy became the alternative to warfare in the latter part of the century, but only after tacitly abandoning older methods with hidden procedure disputes.
The international system underwent a significant transformation after the Napoleonic wars, characterized by continuous diplomacy and frequent peacetime conferences to regulate the wars and maintain stability. The Great Powers, primarily aiming to preserve peace in Europe, initiated the first multilateral act of diplomatic regulation in 1815. They agreed on the defining of diplomatic characters, rank order, and the order within classes based on arrival date. Family relationships and alliances were not altered by these rules. In 1818, a protocol was added, settling the position of Ministers-Resident.
During the early nineteenth century, there was no movement towards agreement on diplomatic practice principles. Diplomacy was seen as an important weapon, but it was largely confined to a small, European world. This was due to the perception of diplomacy as a weapon and the deep quarrels about precedent and procedure. Diplomacy existed in other parts of the world, but only in Europe, where small sovereignties formed a complex web, and the European world was as united culturally as politically.
Treaties with non-European powers that started to be made in the nineteenth century provide some support for this theory. First, the formation of new states in Latin America, followed by the extending tentacles, were the causes of this.
Increasing European power significantly raised the quantity of treaties that were had to be negotiated with powers in the East and Far East, especially China. These agreements were often of the reciprocal most favorable nation kind, which was not a novel concept in and of itself. However, they often included a phrase or clauses creating a comparable reciprocity of diplomatic privileges from a treaty between England and the Porte of 1809.
The European Wars of Unification and the League of Nations played a significant role in the late nineteenth century, leading to a surge in efforts to codify international law. The Harvard Draft, a 1932 treaty, was a significant step towards this goal, as it aimed to address the growing complexity and tensions of international relations. Despite the League’s foundation, independent authorities continued their work after 1920, sometimes due to the League’s request for assistance or the failure of the League project.
- K. Bluntschli has done independent attempts at codification, originating from both sides of the Atlantic, influenced the official project undertaken by the League in 1924. These attempts, inspired by events in Europe and America, provided valuable insights into contemporary international conditions.
Bluntschli argued that the German Bund’s internal law failed to prevent the outbreak of war within Germany, leading to a need for modernization of international law. He proposed codifying diplomatic practice as part of international law, a dynamic approach that contrasted with the traditional view of a codified legal system. Bluntschli believed that extraterritoriality was the root of diplomatic rights, but acknowledged it as a legal fiction to protect the independence of representatives representing a state in a foreign country.
Pasquale Fiore, a Neapolitan lawyer, published a new codification of international law in 1890, following Bluntschli’s efforts. Fiore aimed to address a deficiency in the law, which he believed had emerged since 1818. The five Great Powers believed they had the right to regulate European affairs and exercise hegemony over minor states. Fiore argued that the principle of legal equality of states was inconsistent with the preponderance of certain states over others. The first book on International Law included aspects such as diplomatic practice, extraterritoriality, legal equality, and state representation.
The 1961 Vienna Conference
At first, it seemed that diplomatic privileges and immunities under the UN would be handled in accordance with past practice. In 1949, the UN International Law Commission decided that the subject would be appropriate for an international treaty, although it wasn’t seen to be urgently necessary. However, Yugoslavia refuted this position in 1952 during the Seventh Session of the UN’s Sixth (legal) Committee meeting. Poland strongly supported the Soviet Union’s denial that any violations had taken place or that the International Law Commission need to be contacted. on with your diplomatic relations task. In return, the US presented evidence of violations, which infuriated the Russians even more. But two concepts that would pay off at this early stage were brought to light by the propaganda.
The Americans proposed that the arrangements pertaining to consular representation be included, while the Danes proposed that the ILC be ready for an international meeting on the topic. Not unexpectedly noting the exact same numbers for voting. Now, there was a protracted delay, first because the ILC’s composition was altered between 1953 and 1954. Despite being apprised of the desires of the General Assembly in 1953, no debate occurred until 1954, when the newly elected members requested that A. E. F. Sandstrom submit a draft for discussion. After that, there was yet further delay as the Commission couldn’t continue Sandstrom’s work until 1957 due to its obsession with codifying the Law of the Sea. That year, the ILC improved Sandstrom’s wording into a draft agreement and forwarded it to the Sixth Committee and countries for feedback.
In 1958, the General Assembly discussed draft articles proposed by the International Labour Conference (ILC), with some objections to sections that were perceived as codifying and innovations. The Sixth Committee debated whether to draft a convention, which could reduce diplomats’ privileges. The debate also arose about whether to include consular privileges, immunities, and special missions in future conventions. The French also considered codifying rules concerning states’ relations with international organizations. Two draft resolutions were proposed, with the first putting the matter on the agenda for the 1959 session and the second asking the ILC to consider relations between states and inter-governmental international organizations after their work on special missions and consular immunities. Both resolutions were approved by the General Assembly on 5 December 1958.
The Sixth Committee of the UN, in 1959, proposed a conference in New York, Geneva, or Vienna to finalize a convention on diplomatic intercourse and immunities. The proposal was voted down, and the conference was delayed until 1963 to include the International Court of Justice’s work on consular immunities and special missions. The Eastern Bloc, supported by Asian countries, wanted all states to participate, opposing the idea that only UN members and states party to the International Court of Justice’s Statute should be invited. This discussion also influenced the origin of the convention, suggesting that rules of diplomacy would only be accepted by emerging states if they were full participants in their formulation.
The Neue Hofburg conference, held from March 2-14, 1961, was attended by 320 delegates from 81 states, including six members of UN-related agencies and observers from other agencies and inter-governmental organizations. The General Assembly referred draft articles to the conference for discussion and final codification. The president of the conference was Alfred Verdross of Austria. The discussions were relatively easy due to the broad range and complexity of the ILC’s proposed convention, which had been in progress since Professor Sandstrim’s work in 1954. The conference agreed on contemporary matters, such as the appointment of staff, the consequences of declarations of persona non grata, and the size of a mission. The conference also tightened provisions ensuring inviolable communications systems to and from missions, including couriers and diplomatic bags entrusted to airline pilots. The decision to exempt diplomats from the effects of social security legislation was a reflection of new conditions. The most serious argument at the conference was the question of which persons should be entitled to the privileges now so precisely defined.
The Vienna Convention, an international convention established in 1961, was a significant milestone in the international relations of the United Nations. It was a significant step towards achieving fair and equal diplomatic rules, as it was seen as more reliable than reciprocity. The League of Nations had previously failed to achieve this due to the lack of urgency displayed by greater states. The extreme cold war pressure, initiated by Yugoslavia, led to the United States’ support, which re-ignited the process through the International Law Commission (ILC) and the UN General Assembly. The Vienna Convention resulted in four international agreements: the Vienna Convention on Consular Relations, the New York Convention on Special Missions, and the Vienna Convention on the Representation of States in their Relations with International Organizations.
Conclusion
The Convention on Diplomatic Missions (VCDR) is a comprehensive agreement aimed at promoting equal treatment in diplomatic missions. It comprises a preamble, 53 articles, and eight sections. The preamble provides a basic understanding of the agreement, while the articles cover various aspects of diplomatic relations, diplomatic privileges and immunities, premises of diplomatic missions, facilitation of mission work, freedom of movement and communication, personal privileges and immunities, conduct of the mission towards receiving states, end of diplomatic agent functions, non-discrimination and reciprocity (Art. 47 VCDR; States, Equal Treatment and Non-Discrimination), and final clauses. The Convention’s content is primarily focused on the most important issues under the Convention.
Modern communication and transportation have significantly impacted diplomatic relations, with governments discussing bilateral issues directly between two capitals. Multilateral diplomacy in international organizations and conferences has also impacted diplomatic law, as States are often represented by members of their diplomatic service and specialists. Administrative changes, such as reducing personnel or overseas posts, have been forced due to the pressure to cut costs. Communication via the internet using encryption has reduced the need for diplomatic couriers and diplomatic bags. The European Union has provoked new approaches in diplomacy, with EU Member States agreeing to grant citizens protection of another Member State’s mission under certain conditions. The rise of non-State actors has highlighted the threat for diplomats and the need to interact with civil society in other countries. The Convention has been a great success in codifying international law, stabilizing and developing diplomatic law, and becoming a cornerstone of international relations.
Reference:
Author Eileen Denza
Vienna Convention on Diplomatic Relations (un.org)
Author Richard Langhorne
Vienna Convention on Diplomatic Relations, 1961 (un.org)
Vienna Convention on Diplomatic Relations (international.gc.ca)