View source for Vienna Convention on Diplomatic Relations

{{Use dmy dates|date=May 2013}}
{{Infobox Treaty
|name                = Vienna Convention on Diplomatic Relations
|long_name           = 
|image               =Vienna Convention on Diplomatic Relations.svg
|image_width         =200px
|caption             =Ratifications of the convention
{{legend|#00aa00|Parties}}
{{legend|#ff1111|Non-parties}}
|type                =
|date_drafted        = 
|date_signed         = 18 April 1961
|location_signed     = Vienna
|date_sealed         =
|date_effective      = 24 April 1964
|condition_effective = Ratification by 22 states
|date_expiration     =
|signatories         = 60<ref name = ratifications/>
|parties             = 191<ref name = ratifications/> (as of February 2017)
|depositor           = [[Secretary-General of the United Nations|UN Secretary-General]]
|language            =
|languages           = Chinese, English, French, Russian and Spanish
|wikisource          =
}}
The '''Vienna Convention on Diplomatic Relations''' of 1961 is an international [[treaty]] that defines a framework for diplomatic relations between independent countries. It specifies the privileges of a [[diplomatic mission]] that enable diplomats to perform their function without fear of coercion or harassment by the host country. This forms the legal basis for [[diplomatic immunity]]. Its articles are considered a cornerstone of modern international relations. As of February 2017, it has been ratified by 191 states.<ref name = ratifications>{{cite web|url=https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=III-3&chapter=3&clang=_en|work=United Nations Treaty Collection|title=Vienna Convention on Diplomatic Relations|publisher=United Nations|accessdate=2010-04-08}}</ref>

==History==
{{unreferenced|section|date=April 2016}}
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.

Two years later, the [[United Nations]] adopted a closely related treaty, the [[Vienna Convention on Consular Relations]].

==Summary of provisions==

The treaty is an extensive document, containing 53 articles. The following is a basic overview of its key provisions.<ref>{{cite web|url=http://legal.un.org/avl/ha/vcdr/vcdr.html|work=Audiovisual Library of International Law|title=Vienna Convention on Diplomatic Relations|publisher=United Nations|accessdate=2010-04-09}}</ref>
* Article 9. The host nation at any time and for any reason can declare a particular member of the diplomatic staff to be ''[[persona non grata]]''. The sending state must recall this person within a reasonable period of time, or otherwise this person may lose their diplomatic immunity.
* Article 22. The premises of a diplomatic mission, such as an embassy, are inviolable and must not be entered by the host country except by permission of the head of the mission. Furthermore, the host country must protect the mission from intrusion or damage. The host country must never search the premises, nor seize its documents or property. Article 30 extends this provision to the private residence of the diplomats.
* Article 24 establishes that the archives and documents of a diplomatic mission are inviolable. The receiving country shall not seize or open such documents. 
* Article 27. The host country must permit and protect free communication between the diplomats of the mission and their home country. A [[diplomatic bag]] must never be opened even on suspicion of abuse. A [[diplomatic courier]] must never be arrested or detained.
* Article 29. Diplomats must not be liable to any form of arrest or detention. They are immune from civil or criminal prosecution, though the sending country may waive this right under Article 32. Under Article 34, they are exempt from most taxes, and under Article 36 they are exempt from most customs duties.
* Article 31.1c Actions not covered by diplomatic immunity: professional activity outside diplomat's official functions.
* Article 34 speaks about tax exemption of diplomatic agents while Article 36 establishes that diplomatic agents are exempted from custom duties. 
* Article 37. The family members of diplomats that are living in the host country enjoy most of the same protections as the diplomats themselves.

==Optional protocols==

In the same year that the treaty was adopted, two amendment [[Protocol (diplomacy)|protocols]] were added. Countries may ratify the main treaty without necessarily ratifying these optional agreements.

* ''Concerning acquisition of nationality.'' The head of the mission, the staff of the mission, and their families, shall not acquire the nationality of the receiving country.
* ''Concerning compulsory settlement of disputes.'' Disputes arising from the interpretation of this treaty may be brought before the [[International Court of Justice]].

==State parties to the convention==
[[File:Vienna Convention on Diplomatic Relations.svg|thumb|right|334px|{{legend|#00aa00|States which have ratified the convention}} {{legend|#ff1111|UN member states which are not parties}}]]

As of February 2017, there are 191 state parties to the convention<ref name = ratifications/> including all [[UN member states]] except [[Palau]], the [[Solomon Islands]], [[South Sudan]] and [[Vanuatu]]. Included as state parties are the [[Holy See]] and [[State of Palestine]], two [[UN observer]] states. The [[Republic of China]] signed and ratified the Vienna Convention on Diplomatic Relations on 18 April 1961 and 19 December 1969 respectively prior to the [[China and the United Nations|UN granting China's seat]] to the [[People's Republic of China]].  There are no states that have signed the treaty but have not ratified it.

==See also==
{{Portal|International relations}}
*[[Vienna Convention on Consular Relations]] (1963)
*[[Vienna Convention on the Law of Treaties]] (1969)
*[[Vienna Convention on the Law of Treaties between States and International Organizations or Between International Organizations]] (1986)
*[[Vienna Convention (disambiguation)|Vienna Conventions]] for a list of other conventions
*[[Diplomatic immunity]]
*[[Protection of Diplomats Convention]]
*[[Embassy]]
*[[Consulate]]

==References==
{{reflist}}

==External links==
{{commons category|Vienna Convention on Diplomatic Relations}}
*[http://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf Original text related to this article]
*[http://www.corpsdiplomatique.cd/VIENNA_CONVENTION_1961_ON_DIPLOMATIC_RELATIONS.pdf Diplomatic Relations Protocols]
*[http://www.viennaconventionondiplomaticrelations50thanniv.org The Vienna Convention on Diplomatic Relations 50th Anniversary Website Created by the 2011 VCDR 50th Anniversary Project]
* [http://legal.un.org/avl/ha/vcdr/vcdr.html Introductory note by Eileen Denza, procedural history note and audiovisual material] on the ''Vienna Convention on Diplomatic Relations'' in the [http://legal.un.org/avl/historicarchives.html Historic Archives of the United Nations Audiovisual Library of International Law]
* [http://legal.un.org/avl/ls/Denza_DCL.html Lecture] by Eileen Denza entitled ''Diplomatic and Consular Law – Topical Issues'' in the [http://legal.un.org/avl/lectureseries.html Lecture Series of the United Nations Audiovisual Library of International Law]
* [http://legal.un.org/avl/ls/Dugard_DP.html Lecture] by [[John Dugard]] entitled ''Diplomatic Protection'' in the [http://legal.un.org/avl/lectureseries.html Lecture Series of the United Nations Audiovisual Library of International Law]

{{Diplomacy}}
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