Diplomatic immunity

The Vienna Convention on Diplomatic Relations of 1961, and Vienna

Convention on Consular Relations of 1963 are the two rules that govern
diplomatic immunity These were framed after !orld !ar "" to formali#e
the customary rules and ma$e their application more uniform
Diplomatic agents also en%oy complete immunity from the criminal
%urisdiction of the host country&s courts and thus cannot 'e prosecuted
no matter how serious the o(ense unless their immunity is waived 'y
the sending state
Vienna convention 1961
o The treaty was adopted on 1) *pril 1961, 'y the +nited ,ations
Conference on Diplomatic "ntercourse and "mmunities held
in Vienna, *ustria, and -rst implemented on ./ *pril 196/
o international treaty that de-nes a framewor$ for diplomatic
relations 'etween independent countries
o speci-es the privileges of a diplomatic mission that ena'le
diplomats to perform their function without fear of coercion or
harassment 'y the host country , $nown as diplomatic immunity
o The treaty is an e0tensive document, containing 13 articles
o *rticle .. The premises of a diplomatic mission, such as an
em'assy, are inviolate and must not 'e entered 'y the host
country e0cept 'y permission of the head of the mission
2urthermore, the host country must protect the mission from
intrusion or damage The host country must never search the
premises, nor sei#e its documents or property *rticle 33 e0tends
this provision to the private residence of the diplomats
/* Was in controversary recently due to NSA( National Security Agency
U.S): snooping program P!S". #ig$ly touted as Uncle SA"%s listening
: li&e Sallu in '!( ')SS */
(Pasting *rom +#, #!N-U *or a .uic& recap )
Vienna convention 196 3
o a framewor$ for consular relations 'etween independent
countries
o * consul normally operates out of an em'assy in another
country, and performs two functions4
protecting in the host country the interests of their
countrymen, and
furthering the commercial and economic relations
'etween the two countries
o a consul is not a diplomat,

'ut they wor$ out of the same
premises, and under this treaty they are a(orded most of the
same privileges $nown as consular immunity
o This convention guarantees freedom from detention until trial
and conviction, e0cept for 5grave o(ences6
o "n 7arch .331, the +nited 8tates pulled out of the 9ptional
:rotocol to the Convention, which allows the "nternational Court
of ;ustice to have compulsory %urisdiction over disputes arising
under the Convention
The 8aga of Devyani <ho'ragade 4
o 8he was *cting Consul =eneral in ,ew >or$
o *ccused of fraud visa charges and underpaying maid
o *rrested and strip searched 'y +8 7arshals
?@ 2or detailed case history 4
http4??wwwthehinducom?news?international?world?la(airA
$ho'ragadeAaAtaleAofAtwoAnarratives?article1/B931/ece @?
!hat the 'ig 'oss saysC 4
o *ccording to +8 8tate Department hand'oo$4 5Consular oDcers
have only oDcial acts or functional immunity in respect of 'oth
criminal and civil matters and their personal inviola'ility is Euite
limited Consular oDcers may 'e arrested or detained pending
trial only if the o(ense is a felony and that the arrest is made
pursuant to a decision 'y a competent %udicial authority Feg, a
warrant issued 'y an appropriate courtG They can 'e prosecuted
for misdemeanors, 'ut remain at li'erty pending trial or other
disposition of charges :roperty of consular oDcers is not
inviola'le Consular oDcers are not o'liged to provide evidence
as witnesses in connection with matters involving their oDcial
duties, to produce oDcial documents, or to provide e0pert
witness testimony on the laws of the sending country *'sent a
'ilateral agreement, the family mem'ers of consular oDcers
en%oy no personal inviola'ility and no %urisdictional immunity of
any $ind
+8 Violations of Vienna convention4
o invo$ed the 1961 pact two years 'ac$F.311G when C"*
contractor Raymond *llen Davis was 'eing tried for murder in
:a$istan
Davis was released after he paid the families of the two
men $illed H./ million
o ,icaragua case A19)3&s
The "C; F"nternational court of ;usticeG held that !ashington
violated international law 'oth 'y supporting the contras in
their insurrection against the ,icaraguan government and
'y mining ,icaragua&s har'ours
+8 refused to participate in proceedings and 'loc$ed
enforcement of "C;&s %udgment 'y +,8C Thus depriving
any compensation for ,icaragua
*rguments 4
o 2or 4
Iveryone irrespective of the cadre should o'ey law of land
"ndia charged of modern slavery 4 ill treatment of domestic
helps
o *gainst 4
+8 conducting in unilateralist approach F J988 K *$shay
L sallu styleG
Can a !age dispute 'etween a consul and her domestic
help Eualify as a grave o(enceC
+8 itself has violated convention in :a$istan , Mi'ya and
,icaragua F casesG
Compared with China setting up of *D"NF*ir defense
identi-cation #oneG
*runa 8
References
http4??wwwthehinducom?news?national?nsaAtargetsAindianApoliticsAspaceA
nprogrammes?article1161.99ece
http4??newsoneindiain?india?pointsA$nowAa'outAviennaAconventionAonA
diplomaticArelationsA1363B36html
http://en.wikipedia.or
http://www.mfa.ov.tr