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Transcription
The Vienna Convention on Diplomatic Relations, 1961, establishes diplomatic relations based on consent and reciprocity. It ensures calm and professional relations between states, regardless of disagreements. It grants diplomatic immunity and privileges to diplomats, protecting them from persecution or harassment. Key provisions include inviolability of mission premises and documents, immunity from civil and criminal liability, tax exemptions, and customs duties exemptions. The convention is universally ratified and applies worldwide. 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 state what the law is, without actually getting into any controversies or debates of the specific law at this stage. So, the Vienna Convention on Diplomatic Relations essentially establishes a framework of diplomatic relations in terms of establishing diplomatic relations, maintaining terminations 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 maintains the minimum reach which allows democratic, diplomatic relations to be conducted in a calm, dignified and professional manner, irrespective of the specific disagreements or misunderstandings between the specific states. As I said, it was entered into the Vienna Convention in 1964, and universally ratified, 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 enables the respective diplomat to, as I say, perform their duties and functions as directed by their home states, without fear of persecution or harassment by the host country. And also just so, without international coercion, 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 the duty to protect the premises against any unlawful intrusion or damage established 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. And under the Vienna Prohibition, the receiving state obviously requires the host nation where the diplomatic mission is hosted. The other principle is the principle of inviolability of mission documents and archives, even if they are outside the premises of the receiving state. And the receiving state may not please, respect, 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 jurisdiction against civil or criminal liability, at least when they are performing their duties, I mean, at the very least. But in some cases, it's hard to say, having a plan of plenary pleading for that immunity and privileges, however, we're not going to do that. So that is just the general principle. And the principle of inviolability of mission archives, I believe, is under Article 24. Article 27 guarantees free communication to so-called diplomatic bugs, where the communications and transportation of information between diplomats and diplomatic bugs are protected from infection 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 exemptions according to diplomats with detailed exceptions 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, diplomats. Under Article 36 also provides exemptions from customs duties and diplomatic input throughout the duration of the diplomat's tenure. And Article 38 requires more privileges and immunities except for immunities for the official acts of national and permanent residence of the receiving state. 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 17 was 1994, which essentially, among other major principles, underlines the principle of availability, reciprocity, sanctity of the premises of the diplomatic nations and their staff, and also exemptions 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 another time. Thank you, and goodbye.
