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Transcription
The Vienna Convention on Diplomatic Relations, 1961, establishes a framework for diplomatic relations based on consent and reciprocity. It ensures that diplomatic relations are conducted calmly and professionally, regardless of disagreements between states. The convention grants diplomatic missions certain privileges and immunities to perform their duties without fear of persecution or harassment. Key provisions include the inviolability of mission premises and documents, as well as exemptions from customs duties and taxes. Diplomats also have immunity from civil and criminal jurisdiction while performing their duties. The convention came into force in 1964 and is universally ratified by most states. Hello and welcome to this new episode of the Diary of a Lawyer. Today we are going to be talking about the Vienna Convention on Diplomatic Relations, 1961, which I believe came into force in 1964. Once again, the Diary of a Lawyer and we aim to set what the law is without actually getting into any controversies or debates of the specific law, at least at this stage. So, the Vienna Convention on Diplomatic Relations essentially establishes a framework of diplomatic relations in terms of establishing diplomatic relations, maintaining determination of diplomatic relations and it's on the basis of the principle or the notion of consent and reciprocity where reciprocity could be the action in the case of non-compliance. But in a nutshell, it's a mechanism which allows democratic diplomatic relations to be conducted in a calm, dignified and professional manner irrespective of the specific disagreements or misunderstandings between specific states. As I said, it entered into force in 1964 and it's generally ratified universally among most states in the international community and it establishes long-standing customs of diplomatic immunity in which missions, meaning diplomatic missions, have certain privileges and immunities that enable the respective diplomats to, as I said, perform their duties and functions as directed by their home states without fear of persecution or harassment by the host or the receiving country. And also just so without the notion of coercion or conquest or subjugation. There are various key provisions, we won't go into all of them, but among the key provisions, for example, are the principles of the inviolability of the mission premises barring any sort of right of entry by the respective law enforcement bodies or organs of the receiving state and also imposes on the receiving state a duty to protect the premises against any unlawful intrusion or damage or disturbance or infringement of the dignity and it must be noted that even where there is a response of this inviolability or emergency there has to be consent by the head of the respective mission and this is reciprocal and it's universally applied all over the world. Under the Vienna Convention, the receiving state obviously refers to the host nation where a diplomatic mission is hosted. The other principle is the principle of inviolability of mission documents and archives even if they're outside the premises of the receiving state and the receiving state may not seize or inspect them or permit their use in certain lawful proceedings. That inviolability also applies to the diplomatic staff in terms of having the immunity and privilege within the jurisdiction against civil or criminal liability at least when they are performing their duties at the very least but in some cases as a part of state having a plenary pleading of that immunity and privileges however we're not going to go into details, that is just a general sort of principle. And the principle of inviolability of mission archives I believe is under Article 24. Article 27 guarantees free communication to so-called diplomatic bag where the communications and transportation of information between diplomats are protected from inspection by the host or receiving country. Under Article 29, the inviolability for the person, as I mentioned, of a diplomat while Article 31 establishes the immunity, as I mentioned, from civil and criminal jurisdiction Article 34 sets out the tax exemption according to diplomats with the detailed exception in respect of matters unrelated to official duties or in the normal life of the receiving state. There's also further privileges and immunities for some staff members of the diplomats under this convention. Article 36 also provides exemption from customs duties and diplomatic input throughout the duration of the diplomat's tenure. And Article 38 bars from all privileges and immunities except for immunity for the official acts of nationals and permanent residents of the receiving states. I mean, that is it in a nutshell regarding the Vienna Convention on Human Rights. Sorry, the Vienna Convention on Diplomatic Relations, 1961, which I believe came into force in 1964, which essentially, among other major principles, underlines the principles of availability, reciprocity, the sanctity of the premises of the diplomatic missions and their staff and also the exemption from the jurisdiction in terms of civil and criminal liability. And that's it in a nutshell, and we shall leave it there on this episode of the Diary of a Lawyer and we'll speak again at another time. Thank you and goodbye.
