Vienna Convention on Diplomatic Relations

The Vienna Convention on Diplomatic Relations is fundamental to the

conduct of foreign relations and ensures that diplomats can conduct their
duties without threat of influence by the host government. The 1961 Vienna
Convention on Diplomatic Relations outlines the rules of diplomatic law, ratified
by Indonesia on 4 June 1982.
The Convention forms the bedrock of diplomacy and has been ratified by
nearly every country in the world. The Vienna Convention outlines the rules of
diplomatic relations to facilitate friendly relations between States and to
enable States to develop economic, cultural and scientific relations.
The Vienna Convention on Diplomatic Relations is fundamental to the
conduct of foreign relations and ensures that diplomats can conduct their duties
without threat of influence by the host government. In particular, the Convention
establishes the following:
 rules for the appointment of foreign representatives;
 the inviolability of mission premises;
 protection for the diplomat and his or her family from any form of
arrest or detention;
 protection of all forms of diplomatic communication;
 the basic principle of exemption from taxation;
 immunity from civil and administrative jurisdiction, with limited
exceptions; and
 that diplomats must respect the laws of the host state.
As is stated in the preamble of the Convention, the rules are intended to
facilitate the development of friendly relations among nations, irrespective of
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 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.
The Convention requires diplomats to obey local laws; however, the only
sanction permissible under the Convention, in the absence of a waiver of
immunity, is expulsion. This prevents the potential abuse by local authorities of
the power of a state's law enforcement system. Reciprocity also forms an
effective sanction for the observance of the rules of the Convention
(https://www.international.gc.ca/protocol-protocole/vienna_convention-
convention_vienne.aspx?lang=eng).
Following the agreement in 1961, the VCDR, went into force on 24 April
1964 in accordance with Article 51 (1) of the Convention. It sets out how
independent countries can establish, uphold and, where necessary, terminate
diplomatic relations. The convention defines who a diplomat is and his/her
entitlement to special privileges and immunities. These include immunity
from civil and criminal prosecution in the host state and exemption from all dues
and taxes. As is stated in the preamble of the Convention, 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 (United
Nations, 1961).
Veljić (2012) stated that the Convention required diplomats to obey local laws,
however, the only sanction permissible under the Convention, in the absence of a
waiver of immunity, was expulsion. This prevented the potential abuse by local
authorities of the power of a state's law enforcement system. Reciprocity also
formed an effective sanction for the observance of the rules of the Convention.
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 The fundamentals of diplomatic protocol are rooted in the system
of privileges and immunities. This system allows diplomats to exercise their
duties in a foreign country in full security of their person, the members of
their household, their workplace (embassy or mission), their private
residence, their documents, and the like. When the United Nations was established,
the privileges and immunities of its officials and of the member states
representatives needed to be defined. The current legal system is based
on a series of
international agreements starting with the United Nations Charter up to the VCDR
(ibid).
Protocol is defined in the Oxford Dictionary as the official procedure
or system of rules governing affairs of State or diplomatic occasions. The
term protocol is derived from the Greek word protokollen, a fusion of the words
protos (first) and kola (glue). It referred to a sheet of paper glued to the front of a
document to provide it with a seal of authenticity, a practice that serves as a
reminder of today’s Letters of Credentials (Oxford University Press, 2019).
Barker (2006) indicates that the Vienna Convention on Diplomatic
Relations holds a complete framework for the institutionalisation, preservation
and termination of diplomatic relations on a basis of consent between
sovereign countries. It specifies the functions of diplomatic missions, the
formal rules regulating appointments, declarations of persona non grata of a
diplomat who has in some way given offence, and precedence among heads of
mission. It further sets out exclusive rules, privileges and immunities to enable
diplomatic missions act without fear of coercion or harassment through
enforcement of local laws and to
communicate securely with their sending Governments.

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 In its preamble, the Vienna Convention enumerates these conditions by
clearly stating “that the purpose of such privileges and immunities is not to benefit
individuals but to ensure the efficient performance of the functions of diplomatic
missions as representing States” (United Nations, 1961. p.1).
The Convention provides for withdrawal of a mission where economic status
and security in the receiving state is not guaranteed and if for some reasons breach
of diplomatic relations which may happen as a result of abuse of
immunity or severe deterioration in relations between sending and receiving
States.
In cases where a diplomat acts against the host state by breaching the
diplomatic code of behaviour through words or actions, the host nation can within
the powers as provided by the Vienna Convention, expel the erring diplomat 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.
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  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.

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
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 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.

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  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.
(https://byjus.com/free-ias-prep/vienna-convention-on-diplomatic-
relations/).
Regarding Indonesian rule of diplomatic relations, there are 5 regulations
related to the main tasks and functions of the Ministry of Foreign Affairs, namely:
1.  UU no. 1 of 1982 concerning ratification of the Vienna Convention on
Diplomatic Relations along with its Optional Protocol concerning the
Obtaining Citizenship (Vienna Convention on Diplomatic Relations and
Optional Protocol to the Vienna Convention on Diplomatic Relations and
Optional Protocol to the Vienna Convention on Diplomatic Relations
concerning the Acquisition of Nationality, 1961) and Ratification of the
Vienna Convention on Consular Relations along with its Optional Protocol
on Matters to Obtaining Citizenship (Vienna Convention on Consular
Relations and Optional Protocol to the Vienna Convention on Consular
Relations concerning the Acquisition of Nationality, 1963
2. UU no. 2 of 1982 concerning Endorsement of Special Missions (Convention
on Special Missions, New York 1969
3. UU no. 37 of 1999 concerning Foreign Relations
4. UU no. 24 of 2000 concerning International Agreements
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 5. Republic of Indonesia Presidential Regulation number 56 of 2015
concerning the Ministry of Foreign Affairs, in Chapter I concerning
Position, Task and Function, article 5, the Ministry of Foreign Affairs carries
out its functions.
(https://kemlu.go.id/portal/en/read/21/halaman_list_lainnya/related-
regulations).

Written by Anton Minardi