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Vienna Convention on Diplomatic Relations 1961. International Law

The Vienna Convention on Diplomatic Relations was adopted during the Cold War between the West and Russia. This document established the principles of foreign policy interaction between sovereign states by their mutual consent. Let us further consider the key provisions of the Vienna Convention. Vienna Convention on Diplomatic Relations

General information

The law of international treaties is a system of rules that determine the procedure for signing, entry into force, execution, termination and amendment of agreements between independent states. The subject of the industry includes all kinds of relations of subjects in the field of development of peaceful coexistence and cooperation between nations, regardless of differences in their social and state structure. The law of international treaties comes from specific sources. They are both domestic regulatory acts and agreements signed between world leaders and international organizations.

Diplomatic law

This industry is considered key in establishing peaceful interactions between countries. The Vienna Convention of 1961 acts as the source of this system of norms. In Art. 14 of this document determines the seniority of country representatives. They are divided into 3 classes:

  1. Ambassadors and Nuncio.
  2. Messengers and internations.
  3. Charge d'affaires.

The international treaty under consideration determines that seniority of representatives of one class is established either by the date and time of arrival in any country, or by the day they are presented with credentials (date of official assumption of office). Vienna Convention on Diplomatic Relations 1961

Privileges and Immunities

The Vienna Convention on Diplomatic Relations of 1961 establishes certain advantages and rights of ambassadors of foreign states. With some restrictions, privileges and immunities may be granted to administrative and technical staff. The Vienna Convention on Diplomatic Relations defines 2 categories of rights and benefits. The former relate to representative offices in general, the latter relate personally to their heads and staff. Immunities and privileges currently govern bilateral and multilateral agreements other than the Vienna Convention.

Diplomatic missions

The international treaty in question in Art. 22 establishes the inviolability of the premises of representative offices. Such areas are understood to mean buildings or parts thereof, used for appropriate purposes, including the residence of the head and the land adjacent to these objects. Earlier, some states made attempts to challenge this point, pointing to various risks (fire, for example). However, all arguments were rejected.

The Vienna Convention on Diplomatic Relations imposes an obligation on the host country to ensure all appropriate security measures, including those aimed at protecting the premises of representative offices from damage or intrusion, or any violation of its normal operation. Property, furnishings, vehicles are immune from requisition, arrest, search and executive actions.

Email Correspondence

The mail of the diplomatic mission is not subject to opening and detention. The Vienna Convention on Diplomatic Relations officially fixed the procedure for communication between ambassadors and their country through couriers and encrypted (encoded) dispatches, which existed prior to its approval.All sites constituting the post office must have external visible signs. These places may only contain items and correspondence intended for official use. The documentation and archives of the representative office are also inviolable, regardless of time and location. provisions of the Vienna Convention

Vienna Convention on Diplomatic Relations: The Other Side of the Immunity of Premises

The premises of the mission may not be used for the forced detention of persons, as well as for asylum. The latest Vienna Convention on Diplomatic Relations does not explicitly establish. However, the document contains an article that allows us to give just such an interpretation. In particular, Art. 41 determines that the premises of the representative office cannot be used for purposes that are incompatible with the functions of the embassy provided for in the Agreement or in other international rules. The issue of the existence and legal force of the possibility of obtaining asylum from prosecution not applicable to criminal proceedings remains unresolved and is the subject of fierce debate. In European countries, this practice has practically ceased. The discussion situation can be resolved exclusively through negotiations.

The Vienna Convention, ensuring the inviolability of the premises of representative offices, does not determine the order of departure of any subject to which it does not apply, with a guarantee of security and immunity. Hispanic states are an exception. At one time, they signed special agreements among themselves, according to which the premises of representative offices can be used as political asylum.

Immunity abuse

One of the striking examples is the case of Rosal. As the Ambassador of Guatemala to the Netherlands and Belgium, he was detained in New York by police. When it was discovered more than 100 pounds of narcotic substance. As the police reported, the diplomat has been engaged in smuggling for a long time. And his frequent trips to the USA did not concern diplomatic missions, namely speculation. The government of Guatemala the day after the detention of Rosal announced the termination of his post as ambassador and, accordingly, immunity. Vienna Convention 1961

Tax area

The Convention under review also confirms the established practice of exempting diplomatic missions from duties and fees levied on certain types of services. These include, in particular, payment for electricity, telephone, and other utilities. Meanwhile, fiscal exemptions provided for in paragraph 1 of Art. 23 of the Convention do not apply to those taxes levied by entities concluding contracts with the head of mission or the accrediting state, in accordance with the laws of the host country. Fees and fees that the embassy itself charges in the performance of its immediate official duties are exempt from duties and fees. The representative office also does not make customs payments when transporting items intended for diplomatic use. diplomatic law

Violations

On November 4, 1979, a group of students seized the US mission in Tehran. Embassy employees were taken hostage, thereby violating their immunity and immunity. The United States, in turn, sent an appeal to international Court at the UN. In mid-December, this instance issued a decree defining temporary measures confirming the mandatory immunity and immunity. It should be said that before the adoption of the Convention, such violations were encountered quite often. One example, in particular, is described in the book of V. M. Berezhkov. He talks about the gross violation by the German authorities of the immunities and privileges of ambassadors.The book describes the events in which the SS men broke into the mission, seized employees and taken to interrogations, trying to find out secret information. Vienna Convention on Diplomatic Relations Adopted

Security

The host country is obliged, even at the outbreak of armed conflict, to ensure the speediest departure of persons enjoying immunity and privileges who are not citizens of that state. The same provision applies to members of their families, regardless of citizenship. Thus, the custom that has existed for millennia has acquired an official normative character. In implementing this provision, the host state should, among other things, provide representatives of the embassy and members of their families with transportation means for themselves and property located with them.

Personal integrity and privileges of representatives

The ambassador cannot be detained in any form, cannot be arrested, and is not searched. The host country should treat the representative with appropriate respect, take the necessary measures to prevent any encroachment on his dignity, personality and freedom. At the same time, the Vienna Convention stipulates that the private residence of the ambassador is also inviolable. The host country is required to provide protection for this facility as well as diplomatic missions. The ambassador’s private residence is understood to include the agent’s temporary residence. For example, this could be a hotel room. Correspondence, documentation, material values ​​also enjoy immunity. The exception is claims relating to any commercial or professional activity conducted by the ambassador in the host country outside his official functions. Vienna Convention on Diplomatic Relations Reverse

Additionally

The immunity of the diplomatic representative from the jurisdiction of the state in which he is located does not relieve him of liability to the courts of the accrediting power. Relatives (family members) of the representative living with him may use, if they are not citizens of the receiving state, the immunities and privileges set forth in Art. 29, 36 of the Convention.

Conclusion

The Vienna Convention was the first official document in which the procedure for granting diplomatic privileges and immunity was enshrined at the level of leaders of world powers. This agreement was the result of a discussion of foreign policy issues in a multilateral format. It should be said that the practice of granting immunity and privileges existed before the adoption of the Convention. The document only secured the officially established order. The Convention accumulates some provisions that are present in similar papers. Pursuant to the clauses of this document, after its signing, some countries have concluded more specific Agreements related to the work of missions of other states on their territory.


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