VIENNA CONVENTION
ON DIPLOMATIC Presented by: Limuel Angelo
Marinay
RELATIONS 1961
The 1961 Vienna Convention on Diplomatic Relations outlines the rules
of diplomatic laws and is an international treaty that defines a framework
for diplomatic relations between independent countries.
It specifies the privileges of a diplomatic mission that enable diplomats to
perform their function without fear of coercion or harassment by the host
country.
This forms the legal basis for diplomatic immunity. Its articles are
considered a cornerstone of modern international relations
It has been ratified by over 193 states around the world as of June 2020
FUNCTIONS OF A DIPLOMATIC
MISSION
Representing the Home state in the Host State
Protecting in the Host State the interests of the Home State and of its nationals, within the
limits permitted by international law;
Negotiating with the Government of the Host State;
Ascertaining by all lawful means conditions and developments in the Host State, and reporting
thereon to the Government of the Home State;
Promoting friendly relations between the Home State and the Host State, and developing their
economic, cultural and scientific relations.
FUNCTIONS OF A DIPLOMATIC
MISSION
According to Article 3
Representing the Home State in the Host State
Protecting in the receiving State the interests of the Home State and of its nationals, within the
limits permitted by international law;
Negotiating with the Government of the Host State;
Ascertaining by all lawful means conditions and developments in the Host State, and reporting
thereon to the Government of the sending State;
Promoting friendly relations between the Home State and the Host State, and developing their
economic, cultural and scientific relations.
HEADS OF MISSION ARE
DIVIDED INTO 3
Ambassadors or Nuncio accredited to Heads of State, and other heads of
mission of equivalent rank
Envoys, Ministers and Internuncios accredited to Heads of State;
Chargés d’ affaires accredited to Ministers for Foreign Affairs
*there shall be no differentiation between heads of mission by reason of their class.
[Link] the post of head of the mission is vacant, or if the head of the mission is unable to perform
his functions a chargé d’affaires ad interim shall act temporarily as head of the mission.
[Link] cases where no member of the diplomatic staff of the mission is present in the host state
member of the staff with the consent guest state can be put in charge
INVIOBILITY OF THE MISSION
The premises of the mission shall be inviolable. The agents of the home state may
not enter them, except with the consent of the head of the mission.
The home state is under a special duty to take all appropriate steps to protect the
premises of the mission against any intrusion or damage and to prevent any
disturbance of the peace of the mission or impairment of its dignity.
The premises of the mission, their furnishings and other property thereon and the
means of transport of the mission shall be immune from search, requisition,
attachment or execution.
FREE OF COMMUNICATION
The home state shall permit and protect free communication on the part of the
mission for all official purposes.
The official correspondence of the mission shall be inviolable. Official
correspondence means all correspondence relating to the mission and its functions.
The diplomatic bag shall not be opened or detained.
DIPLOMATIC BAG
Aka diplomatic pouch
It is basically a container with certain legal protections used for carrying official
correspondence or other items between a diplomatic mission from the home state to
the host state
It allows diplomats to move sensitive information across international borders
Must bear visible or external marks
Legally Impenetrable
DIPLOMATIC IMMUNITY
A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the Host
State
The agent is immune to all forms of arrest, detention and search
The host state shall take all appropriate steps to prevent any attack on the person’s
freedom or dignity
The Agent is not obliged to give evidence as a witness
The private residence of the diplomatic agent also enjoys the same inviolability and
protection as the premises of the mission.
The immunity could also be applied to non-diplomatic personnel like technical and
administrative staff but only have limited immunity for actions only on work along with
their family members
Exempt diplomatic agents from all personal services, public service and military
obligations and contributions billeting
DIPLOMATIC IMMUNITY
A diplomatic agent shall be exempt from all dues and taxes, personal or real,
national, regional or municipal, except
Taxes of paying the price of goods and services
Taxes on Private immovable property unless it holds behalf of the state
Inheritances duties levied by the host state
Dues and taxes on private income in the host state and capital taxes from on
investments made in commercial undertakings in the receiving State
Charges levied on specific services
Registration, court or record fees, mortgage dues and stamp duty, with respect to
immovable property
EXCEPTIONS OF DIPLOMATIC
IMMUNITY
The immunity of a diplomatic agent from the jurisdiction of the home state does not
exempt him from the jurisdiction of the home state
Diplomatic Immunity can only be waived by the home state at any time for any
reason
In some cases it could also be waived by
1. any private property found within the territory of the host state. Unless they hold
themselves behalf of the home state for the purpose of the mission.
2. An act of succession without the permission of the home state
3. Doing any professional or commercial activity outside their official function
*if the diplomatic agent’s immunity is not waived by the home state the host state
can declare persona non grata on the diplomatic agent
PERSONA NON GRATA
Is a status sometimes applied by a host country to foreign diplomats to remove their
protection by diplomatic immunity. Where it could be waived anytime without
explanation
Persona non grata along with severing diplomatic relations enforces the mechanism
of diplomatic law by balancing the sovereignty of the state and the immunity of
diplomats
Could also be declared even before the diplomatic agent arrives at the host state
Is given ample time to pack before leaving the host state without affecting the
diplomatic agents diplomatic immunity.
PERSONA NON GRATA
*Usually, there are 2 reasons for a host state to declare persona non grata on a
diplomatic agents. Which are:
1. response to the diplomatic agent’s behavior like interfering with internal state
affairs of the home country, abusive use of its immunity and privileges.
2. Due to the actions of home state irrespective of the diplomats behaviour as an act
of protest or any reason. Commonly responded by a tit for tat exchange
*On the other hand that the diplomatic agent refuses to leave the country within 72
hours even after given the call to leave, the diplomatic agent is considered to be an
ordinary citizen deprived of its diplomatic immunity or privileges.
