ASSIGNMENT

SUBJECT:PUBLIC INTERNATIONAL LAW

TOPIC: VIENNA CONVENTION ON DIPLOMATIC
RELATIONS ,1961

UNIVERSITY OF LUCKNOW
(Law faculty)

LL.B (HONS)-5th SEMESTER

SUBMITTED TO: SUBMITTED BY:

DR. MOHD. UMAR SIR SAKSHI SRIVASTAVA
SECTION B
ROLL NO. 210013015119
 ACKNOWLEDGEMENT

I would like to extend my sincere and heartfelt gratitude to my Public

International Law Professor, Dr. Mohd Umar Sir, who has helped me in this
endeavour and has always been very cooperative and without his help ,
cooperation , guidance and encouragement , the project couldn’t have been what
it evolved to be.

I extend my heartfelt thanks to my faculty for their guidance and constant

supervision, as well as, for providing me the necessary information regarding the
assignment.

I am also thankful to my parents for their cooperation and encouragement.

At last but not least, gratitude to all my friends who helped me to complete this
assignment within a limited time frame.

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 TABLE OF CONTENTS
SR. TOPIC PAGE
NO. NO
1 Introduction 4

2 Vienna Convention on Diplomatic Relations 1961 4

3 Major Provisions 5

4 6
Important Features of Vienna Convention on
Diplomatic Relations
5 8
Aim and Objectives of the Convention

6 Law that governs International Diplomatic Relations 10

7 Challenges with the Vienna Convention on Diplomatic 13

Relations 1961
8 Conclusion 22

9 Bibliography 23

Date: 26th November,2023 Teacher’s signature:

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Vienna Convention on Diplomatic Relations ,1961

Introduction :

Throughout the history of sovereign states, diplomats have enjoyed a special status. Their
function to negotiate agreements between states demands certain special privileges. An envoy
from another nation is traditionally treated as a guest, their communications with their home
nation treated as confidential, and their freedom from coercion and subjugation by the host
nation treated as essential.
The first attempt to codify diplomatic immunity into diplomatic law occurred with the
Congress of Vienna in 1815. This was followed much later by the Convention regarding
Diplomatic Officers (Havana, 1928).
The present treaty on the treatment of diplomats was the outcome of a draft by the
International Law Commission. The treaty was adopted on 18 April 1961, by the United
Nations Conference on Diplomatic Intercourse and Immunities held in Vienna, Austria, and
first implemented on 24 April 1964. The same Conference also adopted the Optional Protocol
concerning Acquisition of Nationality, the Optional Protocol concerning the Compulsory
Settlement of Disputes, the Final Act and four resolutions annexed to that Act. One notable
aspect which arose from the 1961 treaty was the establishment of the Holy See's diplomatic
immunity status with other nations.
Two years later, the United Nations adopted a closely related treaty, the Vienna Convention
on Diplomatic Relations

The Vienna Convention on Diplomatic Relations (1961):

The Vienna Convention on Diplomatic Relations (VCDR) is an international treaty that was
adopted on April 18, 1961, in Vienna, Austria, and entered into force on April 24, 1964. It is
considered a cornerstone of modern diplomatic law and practice. The treaty sets out the rights
and responsibilities of diplomatic missions and their personnel, as well as the principles
governing diplomatic relations between states.

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Why in News?
Recently, in response to the allegations raised by the Canadian Foreign Minister regarding
India's purported violation of diplomatic protocols, the Indian Ministry of External Affairs
(MEA) emphasized that India's actions are consistent with the provisions outlined in Article
11.1 of the Vienna Convention on Diplomatic Relations.
What is the Vienna Convention on Diplomatic Relations?
About:
The Vienna Convention on Diplomatic Relations (1961) is established to define fundamental
principles and terms governing how countries must treat each other's diplomatic
representatives.
It was adopted on 14th April 1961 by the United Nations Conference on Diplomatic
Intercourse and Immunities held at the Neue Hofburg in Vienna, Austria.
It aims to foster friendly relations and maintain effective communication channels between
nations.Today, 193 countries have ratified the convention.India ratified it through the
Diplomatic Relations (Vienna Convention) Act of 1972.

Major Provisions:
A key principle of the Convention is diplomatic immunity. It grants diplomats exemption
from certain laws and taxes in the host country where they are posted. It ensures that
diplomats can fulfil their duties without fear, threat, or intimidation.
According to Article 29 of the Convention, diplomats are not subject to arrest or detention.
The host country must accord the diplomatic agent the appropriate level of respect and is
responsible for undertaking all necessary measures to prevent any form of harm or violation
to the diplomat's person, liberty, or dignity.
Article 11.1 of the Convention empowers the host country to establish reasonable and
appropriate limits on the size of a foreign diplomatic mission, taking into consideration the
prevailing conditions and circumstances in the host nation, as well as the unique requirements
of the particular diplomatic mission.
Article 9 of the Convention allows the receiving State to declare the head of the mission or
any member of the diplomatic staff persona non grata or unwelcome without the need for an
explanation, and this notification can be made at any time
The Vienna Convention on Diplomatic Relations (1961) is a treaty that defines the framework
for the conduct of diplomatic relations between countries. This is an important United
Nations convention and one that finds mention in the newspapers quite often. In this article,
you can read all about the Vienna Convention on Diplomatic Relations.

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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.
In ancient times, the Indian, Greek and Roman civilizations had privileges for diplomats of
foreign countries. In ancient times, the Indian, Greek and Roman civilizations had privileges
for diplomats of foreign countries.
The first attempt in modern times to codify diplomatic immunity occurred in 1815 at the
Congress of Vienna. An important aspect of the treaty is the provision of legal immunity for
diplomats so that they don’t have to face prosecution according to the laws of the host
country.
The Vienna Convention holds that persons working as diplomats are “inviolable” and
therefore cannot be detained or arrested.Host nations are also obliged to protect diplomats
from attacks on their freedom and dignity.
Another related treaty is the Vienna Convention on Consular Relations, adopted in 1963 and
effective from 1967.

Important Features of Vienna Convention on Diplomatic Relations:

Vienna Convention Important Features are 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.

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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.
Free communication should be allowed between the mission and the home country. No
diplomatic bag or courier should be seized or opened.
The treaty says that foreign envoys cannot be prosecuted or punished by the host country for
actions carried out in the line of duty. This diplomatic immunity can be waived only by the
home country.
The treaty gives host countries the right to expel envoys.
The convention also mentions professional activities that are not covered under diplomatic
immunity.

Diplomatic Immunity

Diplomatic immunity refers to the principle of international law that allows diplomats to
function and carry out their official duties without fear of being arrested or facing legal
charges according to the host country’s laws.This principle puts limits on the authority of
police officers and judges of the country of assignment of the diplomats.
It does not mean that the diplomats are free to do what they want without the fear of any
reprisal.
It is not an absolute license and its basis is expediency and reciprocity.
A diplomat can be charged with all offences committed, except that he may not be arrested,
held in legal custody, or made a defendant in a court case. Instead, he should be deported
through the due process to his home country to face prosecution under its laws.
Serious offenders can be declared persona non grata as mentioned above.
No immunity applies to individuals and their families who are nationals of the host country
who work in foreign country embassies or missions.
Host countries can also request that home countries waive a crime suspect’s immunity.
There are various levels of diplomatic immunity. Highest immunity is applicable for
diplomatic agents (high ranking officials like ambassadors) and their families.
Some embassy personnel enjoy immunity from criminal courts and the police but a lesser
degree of immunity from civil suits.

India and Vienna Convention:

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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. The ICJ also noted that
Pakistan informing the Indian consulate of the arrest of Jadhav some three weeks after the
arrest was in violation of the provisions of the convention.

The Vienna Convention on Diplomatic Relations, 1961 is one of the most significant
international treaties governing diplomatic relations. Amidst the diplomatic tensions between
India and Canada, the Vienna Convention has been brought up multiple times in the global
news.The treaty outlines the privileges and immunities of diplomatic agents and their
missions, as well as the duties of the sending and receiving states.It establishes the framework
for diplomatic immunity, the inviolability of diplomatic premises, and the conduct of
diplomats.

Aim and Objectives of the Convention:

The Vienna Convention aims to codify and clarify the rules and customs of diplomatic law. It
provides a comprehensive framework for diplomatic relations to ensure the smooth conduct
of diplomacy and the protection of diplomatic agents and missions.
The convention applies to diplomatic missions, which include embassies and legations, as
well as to diplomatic agents, such as ambassadors, chargés d’affaires, and other accredited
representatives of a sending state in a receiving state.

Some key features of the convention are:

Inviolability:
One of the core principles of the VCDR is the inviolability of diplomatic agents and missions.
This means that diplomatic agents and their premises are immune from the jurisdiction of the
host state. The receiving state must protect the premises and agents against intrusion, search,
and arrest.

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Diplomatic Immunity:
Diplomatic agents enjoy various forms of immunity, including personal inviolability,
exemption from taxes, and immunity from civil and criminal jurisdiction. This immunity
facilitates their role in representing their home country and conducting diplomatic business.

Freedom of Communication:
Diplomatic agents have the right to communicate freely with their government. The VCDR
ensures that diplomatic bags, documents, and communications are protected and not to be
opened or detained.

Non-Interference in Internal Affairs:

The Vienna Convention explicitly states that diplomatic agents must not interfere in the
internal affairs of the host state. They are expected to conduct their diplomatic activities in a
manner consistent with the laws and regulations of the receiving state.

Duty to Respect Laws and Regulations:

Diplomatic agents are obligated to respect the laws and regulations of the host state. They
must not abuse their privileges and immunities.

Termination of Diplomatic Relations:

The convention outlines the procedures for the termination of diplomatic relations between
states, including the withdrawal of a diplomatic agent and the closure of a diplomatic
mission.

Consular Relations:
The Vienna Convention on Consular Relations, adopted in 1963, complements the VCDR by
establishing rules for consular relations between states. While the VCDR primarily deals with
diplomatic missions, the Convention on Consular Relations focuses on consular missions and
officers.

Optional Protocols:
The VCDR has optional protocols, which include additional provisions and reservations.
States may choose to adopt these protocols to modify certain aspects of the convention to
meet their specific needs.

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Law that governs International Diplomatic Relations are:
• 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.

• Bilateral and Multilateral Agreements:

Many countries establish diplomatic relations through bilateral agreements, outlining the
specifics of their diplomatic ties. Multilateral agreements, such as the United Nations Charter,
can also influence diplomatic relations.

• State Sovereignty:
The principle of state sovereignty is a foundational concept in international relations. It
asserts that each state has the right to conduct its affairs without external interference. This
principle is central to diplomatic relations.

• Recognition of States:
The recognition of a state’s sovereignty and territorial integrity is a critical aspect of
diplomatic relations. States formally recognize each other, indicating their willingness to
engage in diplomatic relations.

• Customary Courtesy:
Diplomatic relations are also guided by the principles of good faith and customary courtesy.
States are expected to engage with each other respectfully and cooperatively.

• International Organizations:
Various international organizations, such as the United Nations and regional organizations,
play roles in facilitating diplomatic relations, especially in conflict resolution and
peacekeeping efforts.

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 • Diplomatic Protocols:
Specific protocols and guidelines govern diplomatic practices, including the presentation of
credentials, the exchange of diplomats, and diplomatic ceremonies. These are often rooted in
tradition and international norms

• Diplomatic immunity:
Diplomatic immunity is a set of privileges and immunities granted to diplomats and foreign
diplomatic personnel who are stationed in a foreign country as part of their diplomatic
missions.
It is a fundamental principle of international law and diplomatic practice. The main purpose
of diplomatic immunity is to facilitate the conduct of international relations and ensure the
safety and security of diplomats.

• Exemption from Criminal Jurisdiction:

Diplomats are immune from the criminal jurisdiction of the host country. They cannot be
arrested, detained, or prosecuted for any crime, regardless of its nature, while they are serving
in their diplomatic capacity. This immunity extends to their family members and diplomatic
staff.

• Exemption from Civil Jurisdiction:

Diplomats also enjoy immunity from the civil jurisdiction of the host country. They cannot be
sued in host country courts for civil matters, such as contractual disputes or property disputes.

• Inviolability of Diplomatic Premises:

The embassy or diplomatic mission itself is considered inviolable. Host country authorities
cannot enter these premises without the permission of the sending state. This ensures that
diplomatic correspondence and property remain secure.

• Protection of Personal Inviolability:

Diplomats and their families are protected from any form of harassment, including personal
searches and taxation. They are also exempt from customs duties and immigration controls.
Duty to Respect Local Laws: While diplomats enjoy immunity from the host country’s laws,
they must respect and adhere to the laws and regulations of the host country. This includes
respecting traffic rules and local customs.

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 • Termination of Diplomatic Immunity:
Diplomatic immunity can be waived by the sending state, and it may also be terminated under
certain conditions, such as if a diplomat engages in criminal activities that are deemed
particularly serious by the host country

• Consular Immunity:
Consular officers, who handle issues related to visas, passports, and services for their
country’s citizens in the host country, also enjoy a level of immunity. However, this immunity
is typically not as extensive as that granted to diplomatic personnel.

Current Issue :

Recently, India has sent back 41 diplomats of Canada from New Delhi citing disparity in the
number of diplomats between the two countries . However, Canada contends that New Delhi
has not upheld its obligations under the Vienna Convention on Diplomatic Relations, 1961.
However, MEA has insisted that its actions of sending back 41 diplomats is not against the
Vienna Convention principles.

Purpose of the Convention:

Provides a comprehensive basis for the establishment, maintenance and termination of

diplomatic relations with the consent of independent Sovereign States.

Important articles of the Vienna Convention on Diplomatic Relations 1961:

Article 22: Deals with the ‘Inviolability’ of mission premises- Bars the entry of law
enforcement officers of the ‘receiving state/host state’ in the mission premises. Imposes a
special duty on the ‘receiving State/host’ to protect the premises against intrusion, damage,
disturbance of the peace or infringement of dignity.
Article 24: Deals with ‘inviolability’ of mission archives and documents- The ‘receiving
state/host state’ may not seize or inspect the mission archives and documents or permit their
use in legal proceedings.

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Article 27: Guarantees free communication between a diplomatic mission and its sending
State- The diplomatic bag carrying such communications may not be opened or detained even
on suspicion of abuse.
Article 29: ‘Inviolability’ for the person of diplomats and provides for their immunity
from civil and criminal jurisdiction.
Article 36: Exemption from customs duties on diplomatic imports throughout a
diplomat’s posting.

Challenges with the Vienna Convention on Diplomatic Relations 1961:

However the Vienna Convention on diplomatic relations has been facing the following
challenges-
Unilateral introduction of changes in the application of the convention by Western Countries-
The developed western countries have violated the ‘immunity’ granted to the diplomats in
their countries. They have applied their humanitarian and labour laws, to selectively target the
diplomats of developing countries. Ex- Arrest of Indian Diplomat ‘Devyani Khobragade’ by
the US on account of domestic help’s abuse.

Abuse of ‘diplomatic immunity’- ‘Diplomatic immunity’ has been misused as it has been
allowed to shield crimes like sexual abuse, molestation and human trafficking by the
diplomats. Ex-The Consul General of Bahrain in 2013 invoked ‘diplomatic immunity’ to
avoid his arrest in the molestation case in Mumbai.

Use of the Convention’s privileges for ‘espionage’- The convention provides a safety cover
to the undercover intelligence officers posted under cover in Embassies who are mainly
involved in espionages in the host country soil.

No definition of ‘household/family’ in the convention- The official definition of family

differs from country to country. In case of Western countries applying their official definition
of family, many diplomats from developing countries with elderly single parents or
dependent university going children face problems. On the other hand, western countries
demand that live-in partners of their diplomats be accepted as family members under the
Convention.

Unfair application of the ‘principle of reciprocity’- Principle of reciprocity is applied if a

diplomatic privilege is restricted or denied to one country, even if it is applied uniformly to
all diplomats stationed there. On account of their power and economic clout some countries,

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unfairly apply the ‘principle of reciprocity’. Ex- Recent case of India sending back the 41
Canadian diplomats has been termed as unfair application of the ‘principle of reciprocity’ by
the Canadian authorities.

No absolute freedom of movement of diplomats- Many countries require that diplomats

seek the clearance of the Foreign Ministries before leaving the capital city. In any event,
sensitive areas are out of bounds for them. Ex- Indian Supreme Court’s decision to not allow
the Italian Ambassador in to leave the country in 2012 was termed as a violation of the
Convention’s principles of freedom of movement.

Past instances of complete violation of the Convention principle- The Convention

principles have been entirely violated at times, rendering the convention as totally ineffective.
For example- Iran taking the complete US diplomats as hostage and attack on American
embassy in 1979.

It provides a complete framework for the establishment, maintenance and termination of

diplomatic relations on a basis of consent between independent sovereign States.
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.
It explains the functions of a diplomatic mission, including representing the State, protecting
the State, promoting friendly relations between the sending and receiving State.
The security of any High Commission or Embassy is the responsibility of the host nation.
While diplomatic missions can also employ their own security, ultimately, the host nation is
accountable for security.
The Convention codifies the longstanding custom of diplomatic immunity.
Under this, the diplomatic missions are granted privileges that enable diplomats to perform
their functions without fear of coercion or harassment by the host country.

Article 11.1 of the Vienna Convention on Diplomatic Relations:

It deals with the size of the diplomatic mission

In the absence of specific agreement as to the size of the mission, the receiving State may
require that the size of a mission be kept within limits considered by it to be reasonable and

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normal,having regard to circumstances and conditions in the receiving State and to the needs
of the particular mission.

What are the other key provisions of Vienna Convention on Diplomatic

Relations:
As per the Vienna Convention, a “receiving State” refers to the host nation where a
diplomatic mission is located.
Article 9: The host State can prohibit a member of the Sending state (persona non grata)
from entering or remaining in the host State. The host State can expel the envoys.This person
could be the head of mission, member of the diplomatic staff, or any other member of the
mission.
Article 22: It confirms the inviolability of mission premises.
It bars the enforcement officers of the host State from searching the premises of the
diplomatic mission and seizing its property or documents. Diplomatic bags may not be
opened or detained.
The host State has a special duty to protect the premises of the diplomatic mission against
intrusion, damage, disturbance of the peace or infringement of dignity.

Article 27: The host State shall permit and protect free communication of the mission for
official purposes.
Article 29: Diplomatic members are not subject to any form of detention or arrest.
Article 31: Diplomats are exempt from the criminal, civil and administrative jurisdiction of
the host State.It is possible for the diplomat’s home country to waive immunity but this can
happen only when the individual has committed a ‘serious crime’. 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.
Article 38 : It bars from all privileges and immunities, except for immunity for their official
acts, nationals, and permanent residents of the receiving State.

India and Vienna Convention on Diplomatic Relations:

India acceded to the Vienna Convention on Diplomatic Relations in 1965.
India has enacted the Diplomatic Relations (Vienna Convention) Act, 1972 to give effect to
the Vienna Convention

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The Canadian government announced it has recalled 41 diplomats posted in India, and their
family members, on (October 20). Canada’s Foreign Minister Melanie Joly said this was
because they were “in danger of having immunity stripped on an arbitrary date” and that
would have “put their personal safety at risk”.

External Affairs Minister S JaishankarExternal Affairs Minister S Jaishankar recently said

that parity of diplomatic missions was invoked because Indian had "concerns about
continuous interference in our affairs by Canadian personnel".

Earlier this month, India had sought ‘parity’ with Canada, asking it to downsize its diplomatic
staff.

Why has the Vienna Convention been invoked by both countries?

Amid the ongoing standoff between India and Canada, the Canadian government announced
it has recalled 41 diplomats posted in India, and their family members, on Friday (October
20). Canada’s Foreign Minister Melanie Joly said this was because they were “in danger of
having immunity stripped on an arbitrary date” and that would have “put their personal safety
at risk”.

Earlier this month, India had sought ‘parity’ with Canada, asking it to downsize its diplomatic
staff here. India has about 20 diplomats in Canada and said there should be a similar number
of Canadian diplomats in India as well.

The move followed a row over Canadian Prime Minister Justin Trudeau’s remarks in
Canadian Parliament in September 2023. He had then claimed a potential Indian government
link to the killing of pro-Khalistan separatist leader Hardeep Singh Nijjar in Canada earlier
this year — which India rejected, terming the claims to be “absurd” and “motivated”.

The US and UK have backed Canadian diplomats’ presence. Further, they spoke of the
Vienna Convention on Diplomatic Relations, which has also been mentioned by the Indian
Ministry of External Affairs (MEA and the Indian Minister of Foreign Affairs, S Jaishankar.
The US and UK backed Canada, stating that diplomats are required to be on the ground to
resolve differences. Notably, the two countries are also part of the Five Eyes intelligence-
sharing alliance with Canada, which also includes Australia and New Zealand.

US State Department spokesperson Matthew Miller said, “Resolving differences requires

diplomats on the ground… We expect India to uphold its obligations under the 1961 Vienna

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Convention on Diplomatic Relations, including with respect to privileges and immunities
enjoyed by accredited members of Canada’s diplomatic mission.”

The UK Foreign, Commonwealth & Development Office said, “We expect all states to
uphold their obligations under the 1961 Vienna Convention on Diplomatic Relations.”

What has India said?

India rejected Joly’s contention, where she said that the “unilateral revocation of the
diplomatic privilege and immunity is contrary to international law” and a violation of the
Convention on Diplomatic Relations.

In a press release, the MEA said, “The state of our bilateral relations, the much higher
number of Canadian diplomats in India, and their continued interference in our internal
affairs warrant a parity in mutual diplomatic presence in New Delhi and Ottawa.” It added,
“Our actions in implementing this parity are fully consistent with Article 11.1 of the Vienna
Convention on Diplomatic Relations.”
The Vienna Convention on Diplomatic Relations (1961) is a United Nations treaty that set
some common principles and terms on how countries must treat each other’s diplomatic
representatives, in order to ensure friendly relations and maintain proper communication
channels between countries.

One prominent example of such principles is that of diplomatic immunity. It’s the privilege of
exemption from certain laws and taxes granted to diplomats by the country in which they are
posted. It was framed so that diplomats can function without fear, threat or intimidation from
the host country. Diplomatic immunity flows from two conventions, popularly called the
Vienna Conventions — the 1961 Convention and the Convention on Consular Relations,
1963.

The 1961 Convention says, “Article 29: The person of a diplomatic agent shall be inviolable.
He shall not be liable to any form of arrest or detention. The receiving State shall treat him
with due respect and shall take all appropriate steps to prevent any attack on his person,
freedom or dignity.”

Today, 193 countries have ratified the convention, meaning they agree it should be legally
binding on them. Ratification means that a country should seek approval for the treaty on the
domestic level and enact a law in their country to give effect to it. India ratified it through the
Diplomatic Relations (Vienna Convention) Act of 1972.

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Article 9 of the convention states that the receiving State may, at any time and without having
to explain its decision, notify the sending State that the head of the mission or any member of
the diplomatic staff of the mission is persona non grata or unwelcome.

In any such case, the sending State shall, as appropriate, either recall the person concerned or
terminate his functions with the mission,” it says. Further, if the sending State refuses or fails
within a reasonable period to carry out its obligations here, that is if they refuse to recall their
diplomats, the receiving State may refuse to recognise the person concerned as a member of
the mission.

Article 11, cited by the MEA in its press release, says, “In the absence of specific agreement
as to the size of the mission, the receiving State may require that the size of a mission be kept
within limits considered by it to be reasonable and normal, having regard to circumstances
and conditions in the receiving State and to the needs of the particular mission.”

On Canadian diplomatic presence in India, EAM Jaishankar said on Sunday, “Parity is very
much provided for by the Vienna Convention, which is the relevant international rule on this.
But in our case, we invoked parity because we had concerns about continuous interference in
our affairs by Canadian personnel. We haven’t made much of that public. My sense is over a
period of time more stuff will come out and people will understand why we had the kind of
discomfort with many of them which we did.”
Around 2017, Russia and the United States also asked for each other’s diplomats to be
recalled over the principle of parity and reduced the presence of their missions, following a
low in their relations.

Why India took this action?

• Last month, India asked Canada to withdraw 41 of its diplomats from the country after a
diplomatic row erupted between the two sides following Canadian PM Justin Trudeau’s
allegation linking Indian agents to the killing of Khalistani separatist leader Hardeep Singh
Nijjar in June. India strongly rejected the charges.

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• The MEA said the state bilateral relations, the much higher number of Canadian diplomats
in India, and their continued interference in India’s internal affairs warranted a parity in
mutual diplomatic presence in New Delhi and Ottawa.

• The MEA said it has been engaged with the Canadian side on the issue over the last month
in order to work out the details and modalities to ensure implementation of parity in
diplomatic presence.

• Our actions in implementing this parity are fully consistent with Article 11.1 of the Vienna
Convention on diplomatic relations, the MEA said.

• Article 11.1 of the Vienna Convention says: In the absence of specific agreement as to the
size of the mission, the receiving State may require that the size of a mission be kept within
limits considered by it to be reasonable and normal, having regard to circumstances and
conditions in the receiving State and to the needs of the particular mission.

The Vienna Convention on Diplomatic Relations 1961 establishes the following:

i) Rules for the appointment of foreign representatives.

ii) The inviolability of mission premises.

iii) Protection for the diplomat and his/her family from any form of arrest or detention.

iv) Protection of all forms of diplomatic communication.

v) The basic principle of exemption from taxation.

vi) Immunity from civil and administrative jurisdiction, with limited exceptions.

vii) That diplomats must respect the laws of the host state.

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• The rules are intended to facilitate the development of friendly relations among nations,
irrespective of their differing constitutional and social systems.

• The purpose of such privileges and immunities is not to benefit individuals, but to ensure
the efficient performance of the functions of diplomatic missions.

What is the relation between India and the Vienna Convention?

In 1965, India became a member of the Vienna Convention on Diplomatic Relations.
The Vienna Convention came into effect in India when the Diplomatic Relations (Vienna
Convention) Act, of 1972 was passed.
The International Court of Justice (ICJ) notified the United Nations General Assembly in the
Kulbhushan Jadhav case that Pakistan had breached the Vienna Convention on Consular
Relations by denying Jadhav access to consular procedures.
Pakistan had falsely claimed in the lawsuit that anyone suspected of espionage was exempt
from the treaty. The International Court of Justice (ICJ) also observed that Pakistan had
violated the convention’s obligations by notifying the Indian consulate of Jadhav’s arrest
almost three weeks after his arrest.

Obligations of Receiving State:

Protect mission premises from intrusion or damage

Prevent disturbance of peace of mission
Allow size of mission within reasonable limits
The Vienna Convention outlines several key obligations for the receiving state with regard to
foreign diplomatic missions. First, the receiving state must protect the premises of the
mission from any kind of intrusion, damage, or disturbance that could impair its dignity. This
special duty requires the receiving state to take proactive steps to ensure the security of the
embassy and its staff. Second, the receiving state must prevent any disturbance of the peace
of the mission. This reinforces the inviolability of diplomatic premises.

Finally, the receiving state must allow the size of the mission to be kept within reasonable
limits. While the sending state determines the size, the receiving state can require it to be

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scaled down if deemed excessive. This allows the receiving state to maintain parity in
diplomatic representation.

The Vienna Convention outlines rules for the appointment of diplomats between sending and
receiving states. It affirms the concept of “inviolability” of diplomatic missions, including the
residences and vehicles of diplomats. The convention grants protections and immunities to
diplomats to allow them to perform their duties without interference from the host
government. This includes exemptions from taxation and immunity from civil and criminal
prosecution in the receiving state. However, diplomats are still obligated to respect the laws
and regulations of the host country under the convention.

The Vienna Convention also codifies rules about the privileges and immunities extended to
the families and staff of diplomatic missions. It outlines procedures for declaring a diplomat
as “persona non grata” and requiring their recall by the sending state. So, the Vienna
Convention provides the essential legal framework for facilitating diplomacy and maintaining
peaceful relations between sovereign countries.

Key provisions of Vienna Convention on Diplomatic Relations:

1. Rules for appointment of diplomats

2. Inviolability of diplomatic premises

3. Protections and immunities for diplomats

4. Exemptions from taxation

5. Immunity from civil and criminal jurisdiction

6. Obligation to respect laws of host state

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Conclusion:
The Vienna Convention on Diplomatic Relations has been ratified by a large majority of
countries and is recognized as customary international law.

It has greatly contributed to the orderly conduct of international diplomacy, the prevention of
diplomatic disputes, and the promotion of peaceful relations between states.

The Vienna Conventions on Diplomatic and Consular Relations provide a comprehensive

framework for diplomatic conduct, but diplomacy also relies on state practice, customary
international law, and evolving global norms.

The Significance of the Vienna convention on Diplomatic Relations was signed in 1961 to
provide a comprehensive basis for the diplomatic relations between two countries. The
significance of the Convention is mentioned below-
Codification of ‘diplomatic immunity’- The convention has codified the privileges of
‘diplomatic immunity’. This has allowed diplomats to carry out their duties without fear of
coercion or harassment.

Reaffirmation of the concept of ‘inviolability’ of Diplomatic Missions- The convention

guarantees freedom of expression & dignity, right to life and liberty to the diplomatic mission
through these provisions. The provisions ensure the efficient performance of the functions of
diplomatic missions.

Development of ‘friendly relations’- The rules of the convention are intended to facilitate
the development of friendly relations among nations, irrespective of their differences of
constitutional and social systems.

The Vienna Convention is now 60 years old. In these decades, the world, including that of
diplomacy, has changed in fundamental ways. A review of the Convention is imminent now.

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BIBLIOGRAPHY:

WEBSITES:

• legal. un. org

• Iddashboard.legislative.govt.in
• Globalaffairs canada
• www.indiacode.in
• livemint.com
• www.britannica.com
• www.government.nl
• www.lawteacher.net
• www.wionnews.com
• www.unido.org
• Indian express
• The print
• The Hindu
• Dristiias
• Byjus
• Unacademy
• Civilsdaily. com

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