DIPLOMATIC IMMUNITY UNDER THE VIENNA CONVENTION:

The treaty is made up of 53 articles that provide comprehensive guidelines on the establishment,

maintenance and termination of diplomatic relations on a basis of consent between independent

sovereign States. It sets out the special rules–privileges and immunities– which enable

diplomatic missions to act without fear of coercion or harassment through enforcement of local

laws and to communicate securely with their sending Governments. According to the provisions

of the Vienna Convention on Diplomatic Relations, 1961 following immunities and privileges

are available for diplomatic agents:

Article: 22 (Inviolability of Premises): The Article: 23 (Inviolability of Archives and

permanent diplomatic mission has premises in Documents): The archives and documents of

the receiving state where it is to operate its the mission shall be inviolable. This principle

mission. So, the premises and the private of inviolability of the premises of a diplomatic

residence of the diplomatic agents are also mission was established by the leading case of

inviolable. United States Diplomatic and Consular Stuff in

Tehran, ICJ 1980

Under Article: 25 (Assurance of Providing Article: 26(Freedom of Movement): The

Full Facilities): diplomatic agents are free to move and travel

The Convention imposes a duty on the in the territory of the receiving state. But this is

receiving states to accord full facilities for the subject to the laws and regulations, and laws

mission to perform its functions. made by the receiving state concerning the

prohibited security zone.

Article: 27(Freedom of Communication): Article: 29(Inviolability of Diplomatic

The diplomatic agents have also been entitled Agents): The person, freedom and dignity of a

to communicate any information for official diplomatic agent are inviolable. The receiving

purpose to the sending state. Such state shall guarantee his person and shall give

communications include the use of couriers him respect. In other words, diplomatic agents

and code messages. The diplomatic bag is also cannot be detained or arrested.

inviolable.

Under Article: 31(Immunity from Local and

Article: 30 (Inviolability of Mission’s Staff): Military Obligations): The diplomatic agent

The Vienna Convention also lays down certain can benefit from immunity from criminal and

immunities and privileges to the administrative civil jurisdiction in the receiving state.

and technical staff of the diplomatic mission [ CITATION PDF05 \l 1033 ]

and for their family members which are also

inviolable subject to certain limitations.

Article: 33 (Exemption from Social Article: 34 (Immunity from Taxes and

Security): A diplomatic agent shall with Customs Duties): The diplomatic agents are

respect to services rendered for the sending also immune from all sorts of taxes subject to

State be exempt from social security provisions certain exceptions.

which may be in force in the receiving State.