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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.[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 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. The Vienna Convention is a cornerstone of modern international relations and international law and is almost universally ratified and observed;[1] it is considered one of the most successful legal instruments drafted under the United Nations.[4]

For other conventions signed in Vienna, see Vienna Convention.

Signed

18 April 1961

24 April 1964

Ratification by 22 states

61[1]

193[1] (as of June 2021)

The host nation at any time and for any reason can declare a particular member of the diplomatic staff to be . The sending state must recall this person within a reasonable period, otherwise, this person may lose their diplomatic immunity (Article 9).

persona non grata

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. A must never be opened, even on suspicion of abuse, and a diplomatic courier must never be arrested or detained (Article 27).

diplomatic bag

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 Vienna Convention is an extensive document, containing 53 articles. The following is a basic overview of its key provisions.[6]

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 same year the treaty was adopted, two protocols were added as amendments; countries may ratify the main treaty without necessarily ratifying these optional agreements.

Diplomatic immunity

Precedence among European monarchies

Protection of Diplomats Convention

for a list of other conventions

Vienna Conventions

(1963)

Vienna Convention on Consular Relations

(1969)

Vienna Convention on the Law of Treaties

(1986)

Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations

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

Original text related to this article

Diplomatic Relations Protocols

The Vienna Convention on Diplomatic Relations 50th Anniversary Website Created by the 2011 VCDR 50th Anniversary Project

on the Vienna Convention on Diplomatic Relations in the Historic Archives of the United Nations Audiovisual Library of International Law

Introductory note by Eileen Denza, procedural history note and audiovisual material

by Eileen Denza entitled Diplomatic and Consular Law – Topical Issues in the Lecture Series of the United Nations Audiovisual Library of International Law

Lecture