Influence of the Vienna Convention on Diplomatic Relations

A convention is a set of agreed, stipulated or generally accepted standards, norms, social norms or criteria, often taking the form of a custom.

 term convention is also used in international law to refer to certain formal statements of principle such as the Convention on the Rights of the Child. Conventions are adopted by international bodies such as the International Labour Organization and the United Nations. Conventions so adopted usually apply only to countries that ratify them, and do not automatically apply to member states of such bodies. These conventions are generally seen as having the force of international treaties for the ratifying countries.

Negotiating History

The preparatory work for the Vienna Conference followed the standard United Nations procedure for the codification of international law – applied in fields where there is already extensive State practice, precedent and doctrine. In 1952, Yugoslavia proposed that the topic should be given priority, and after discussion in the Sixth (Legal) Committee, the General Assembly requested the International Law Commission to undertake as a priority topic codification of the law of diplomatic intercourse and immunities. The Commission appointed Mr. Sandström of Sweden as Special Rapporteur and his report formed the basis for the draft articles adopted by the Commission in 1957. These articles were debated in the Sixth Committee of the General Assembly and sent to all members of the United Nations or any of its specialized agencies with an invitation to submit comments. Comments from 21 Governments were taken into account by the Commission who in 1958 prepared revised and extended articles and recommended that they should form the basis for a Convention – a decision endorsed by the General Assembly. Eighty-one States took part in the Conference held at Vienna from 2 March to 14 April 1961 and the Convention was signed on 18 April.

The success of the Conference and of the Convention which it drew up may be ascribed first to the fact that the central rules regulating diplomatic relations had been stable for over 200 years. Although the methods of setting up embassies and communicating with them had radically changed, their basic functions of representing the sending State and protecting its interests and those of its nationals, negotiation with the receiving State, observing and reporting on conditions and developments there remained and still remain unaltered. Secondly, because the establishment of diplomatic relations and of permanent missions takes place by mutual consent, every State is both a sending and receiving State. Its own representatives abroad are in a sense hostages who may on a basis of reciprocity suffer if it violates the rules of diplomatic immunity, or may be penalized even for minor restrictions regarding privileges or protocol. There was at the 1961 Vienna Conference no general underlying conflict of interest between opposing groups of States.

Key Provisions

The Vienna Convention provides a complete framework for the establishment, maintenance and termination of diplomatic relations on a basis of consent between independent sovereign States. It specifies the functions of diplomatic missions, the formal rules regulating appointments, declarations of persona non grata of a diplomat who has in some way given offence, and precedence among heads of mission. It sets out the special rules – privileges and immunities – which enable diplomatic missions to act without fear of coercion or harassment through enforcement of local laws and to communicate securely with their sending Governments. It makes provision for withdrawal of a mission –  which may take place on grounds of economy or physical security – and for breach of diplomatic relations which may occur in response to abuse of immunity or severe deterioration in relations between sending and receiving States. In either of these cases – or where permanent missions have not been established – a framework is provided for the interests of each sending State to be protected in the receiving State by a third State.

Article 22 confirms the inviolability of mission premises – barring any right of entry by law enforcement officers of the receiving State and imposing on the receiving State a special duty to protect the premises against intrusion, damage, disturbance of the peace or infringement of dignity. Even in response to abuse of this inviolability or emergency, the premises may not be entered without the consent of the head of mission. Article 24 ensures the inviolability of mission archives and documents – even outside mission premises –  so that the receiving State may not seize or inspect them or permit their use in legal proceedings.

Article 27 guarantees free communication between a mission and its sending State by all appropriate means, and ensures that the diplomatic bag carrying such communications may not be opened or detained even on suspicion of abuse. Given the purposes of diplomatic missions, secure communication for information and instructions is probably the most essential of all immunities.

Article 29 provides inviolability for the person of diplomats and article 31 establishes their immunity from civil and criminal jurisdiction – with precise exceptions to immunity from civil jurisdiction where previous State practice had varied. Immunity from jurisdiction – like other immunities and privileges –  may be waived by the sending State, and article 32 specifies the rules on waiver. Article 34 sets out the tax exemption accorded to diplomats along with detailed exceptions in respect of matters unrelated to their official duties or to ordinary life in the receiving State. Article 36 provides for exemption from customs duties on diplomatic imports throughout a diplomat’s posting.

Influence of the Vienna Convention on Diplomatic Relations

The Convention has established itself as a cornerstone of modern international relations. Despite the need for implementing national legislation in a number of States, it came into force following 22 ratifications only three years from its adoption and almost all States in the world are now parties.