Vienna Convention on Diplomatic Relations

Vienna Convention on Diplomatic Relations

Vienna Convention – 1961

• 1961 Vienna Convention on Diplomatic Relations covers the privileges and immunities of diplomatic agents; the treatment that consular staffs are entitled to is laid down in the 1963 Vienna Convention on Consular Relations.

Vienna Convention – 1963

• Article 41(1) : Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.
• Article 41(3) : The criminal proceedings against a consular officer should be conducted “with the respect due to [her] by reason of [her] official position.
• Article 43 : Consular officers enjoy immunity from jurisdiction of the receiving State in respect of official acts.

Retaliatory measures by India
India has reportedly taken the following retaliatory measures,

• removal of security barricades around the U.S. Embassy in New Delhi, 
• withdrawal of airport passes and import privileges 
• identity cards issued to U.S. diplomats to be turned in and 
• refusal by several leaders including the Speaker of the Lok Sabha and the National Security Adviser to meet a visiting U.S. Congressional delegation.

Does the above measures are in line with International law?
           Steps like reducing security measures at diplomatic premises and embassies violate international law.

• Article 22(2) – Vienna Convention 1961: It imposes a special duty upon the host State (i.e., India) to take all appropriate steps to protect the premises of the mission against intrusion or damage, or disturbance of peace or impairment of its dignity.

Is India’s step of re-designating Ms. Devyani Khobragade as a diplomatic agent to the U.N., with a view to bring her under diplomatic immunity correct?
                 
             No

It may be viewed internationally as an abuse of the international legal process, given that Section 14 of the 1946 Convention on the Privileges and Immunities of the United Nations (which governs immunities of representatives of the Members to the U.N., since the 1961 Convention is silent on it).


What does Section 14 states?
Privileges and immunities are accorded to the representatives of Members not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their functions in connection with the United Nations. Consequently, a Member not only has the right but is under a duty to waive the immunity of its representative in any case where the immunity would impede the course of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded.