Vienna Convention on Diplomatic Relations
WHY In News ?
Recently, India asserted that it did not violate diplomatic norms as enshrined in the Vienna Convention on Diplomatic Relations, while dealing with Canada.
Vienna Convention
- The Vienna Convention on Diplomatic Relations was adopted in 1961 by the United Nations Conference on Diplomatic Intercourse and Immunities held in Vienna, Austria.
- This treaty lays down the rules and regulations of diplomatic relations between countries and also the privileges that diplomats enjoy in other countries.
- The treaty entered into force in April 1964 and currently, there are 192 parties to the convention.
- The Vienna Convention applies not only to diplomats but also to both military and civilian personnel from the military departments, who are present in the country under the authority of the chief of the diplomatic mission.
- Although this convention formalizes diplomatic immunity and codifies rules for diplomatic relations between nations, informally these regulations were in practice for at least 200 years.
Vienna Convention Important Features
- Some of the important features of the Vienna Convention on Diplomatic Relations are described in this section.
- Article 9 of the convention states that the host country can declare any member of the diplomatic staff of a mission persona non grata at any point in time and for any reason. Such a person must be recalled by the home country of the person within a stipulated time period, or else he stands to lose his diplomatic immunity.
- In May 2020, two Pakistani officials from their mission were declared persona non grata by the Indian Government for indulging in activities incompatible with their status as members of a diplomatic mission.
- The convention contains provisions that bar the host country from searching the premises of the diplomatic mission and seizing its property or documents. This extends to the private residences of the diplomats also. It also prohibits the host country from entering the premises of the mission or embassy, which is considered inviolable.
India and Vienna Convention
- India acceded to the Vienna Convention on Diplomatic Relations in 1965. India enacted the Diplomatic Relations (Vienna Convention) Act, 1972 to give effect to the Vienna Convention.
- In the Kulbhushan Jadhav case, the International Court of Justice (ICJ) informed the United Nations General Assembly that Pakistan violated the Vienna Convention on Consular Relations by not granting consular access to Jadhav. In the case, Pakistan had wrongly stated that the convention does not apply to persons suspected of espionage.
Which other laws govern international diplomatic relations?
- Vienna Convention on Consular Relations (1963): Similar to the Vienna Convention on Diplomatic Relations, this treaty governs the establishment and conduct of consular relations between states. It outlines the rights and duties of consular officers and the consular premises’ inviolability.
- Customary International Law: Customary international law consists of long-standing practices and norms accepted by states. It plays a crucial role in diplomatic relations, as some diplomatic practices have developed over centuries and are considered customary.
Source – The Hindu
