VIENNA CONVENTION ON DIPLOMATIC RELATIONS

Article Created by Anjali Singh

This international treaty was negotiated in the Austrian capital in 1961 , but its central rules on rights and privileges of foriegn envoys had been widely practised for more than 200 years.

The convention says that persons working as diplomats are "inviolable" and can therefore not be arrested or detained.

Host nations must also protect diplomats from attacks on their freedom and dignity.

Although the text includes a guarantee of free travel inside the host country , no such freedom is spelled out for cross border trips.

However , the convention includes another provision pointing to the importance of unhindered travel : third countries are obliged to let diplomats pass through when they make trips to or from their station of duty.

In another key provision , the treaty says that foreign envoys cannot be prosecuted or punished by the host country for actions carried out in the line of duty.

It also makes clear that this immunity can only be waived by the diplomats home country , and only if this is done in an express manner.

In addition , the convention protects embassies from intrusion and guarantees that diplomats can communicate freely with their capitals.

It also gives host countries the right to expel envoys.

The treaty is an extensive document, containing 53 articles. Following is a basic overview of its key provisions.

Article 9. The host nation may at any time and for any reason 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 inviolate 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 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 37. The family members of a diplomat that are living in the host country enjoy most of the same protections as the diplomats themselves.