Vienna Convention on Diplomatic Relations of 1961: Importance and Role

On April 18, the 1961 Vienna Convention on Diplomatic Relations was signed. It regulated the establishment and termination of them, the establishment of missions and all their functions, established diplomatic classes - the attorney in charge, the envoy and ambassador, the accreditation of the heads of diplomatic missions and subordinate personnel was ordered.

Immunities

The Convention defines immunity and privileges in the whole diplomatic representation and the purely personal immunities and privileges of technical and diplomatic personnel. The most important is the inviolability of the premises. The Vienna Convention of 1961 on diplomatic relations prohibits the authorities of the host states from entering without the consent of the head of the mission. On the contrary, the authorities must protect the missions from any intrusion and even a slight damage, from a breach of the peace of mind of the mission. Diplomatic privileges and immunities in the light of the provisions of the Vienna Convention on Diplomatic Relations of 1961 impose many taboos and even duties on the accrediting state.

In the premises of the mission, it is not possible to search, requisition, arrest, and the like. The postal and other relations of representation with the state should also be inviolable. Personnel and their families also enjoy this right: their personalities and homes are inviolable with respect to the jurisdiction of the host country. The service is exempt from income tax. The Vienna Convention on Diplomatic Relations of 1961 has two optional protocols: the laws on the citizenship of the host country do not apply, the jurisdiction of an international court is mandatory.

Diplomatic Law

This is part of international law with a set of rules that set regulations on the status and functions of state bodies of external relations. Here full correspondence with the main diplomatic forms: bilateral diplomacy is carried out through special missions, multilateral diplomacy is carried out by delegations through the sessions of bodies of international organizations or representative offices of countries that are constantly with international organizations.

The main treaty is the 1961 Vienna Convention on Diplomatic Relations. In 1969, the Convention on Special Missions was also adopted in The Hague, and in 1975 in Vienna, the Convention on the universal character of relations between missions and international organizations. This is not the first Vienna Convention on Diplomatic Relations. Vienna twice hosted representatives of countries. The Russian Federation participated in both Vienna Conventions.

State bodies of external relations

The bodies of external relations are divided into foreign and domestic. The latter include the highest state body that determines the foreign policy of the state, the collegial or sole head of state representing the country in the international arena, the government that governs foreign policy, and the body of this government is the Ministry of Foreign Affairs.

Foreign bodies of external relations can be temporary and permanent. The latter are embassies or missions, representations in international organizations, consulates. Temporary are special delegations or missions in international bodies or at conferences.

Functions and composition

Established diplomatic relations between states are exchanged by representative offices on a special agreement on the class of the head of the mission. There are three levels: attorney in charge, envoy, ambassador. Just an attorney needs to be distinguished from an interim attorney who, in the absence of an ambassador, does his job. The Vienna Convention of 1961 defined these three classes: ambassadors and envoys are accredited by heads of state, and charge d'affaires are accredited by foreign ministers.

The ranks in the structure of diplomatic representation are determined according to the domestic legislation of the accrediting country. The staff also has three categories: in addition to the diplomatic one, there are administrative and technical (cryptographers, accountants, translators, office workers, etc.) and staff (cooks, security, drivers, gardeners, etc.). Diplomatic staff is inviolable and not subject to customs inspection. The second and third categories of personnel can carry any things for the establishment, but they are not exempt from customs. The Vienna Convention (1961) and its significance were very soon and positively assessed by the participating States.

Establishment of activities. Agremann

Diplomatic relations are established, and representations are established only by agreement of the countries. But, by the way, the first does not always entail the second. Diplomatic relations can be established even without the establishment of representation, the Vienna Convention on Diplomatic Relations (1961) specifically stipulates this. The appointment and acceptance of a diplomatic representative is accreditation. There are four stages:

1. Agregman. This is the consent of the host State with respect to the appointment of a particular person in one form or another, and the host country has the right to refuse. The request for an aggregate is done confidentially and not necessarily in writing. With the obtaining of consent (aggman), the head of this representation will automatically be a persona grata (persona grata in Latin is a desirable person).
2. Official appointment of the head of the mission.
3. Arrival at the destination country.
4. The presentation of credentials signed by the head of state is a general authority.

Then follows the direct execution of their work.

Termination of activities

The mission of the diplomatic representative for a good reason (resignation, illness, new appointment) is terminated, and this is dictated by his own state. In another case, when the initiative comes from the host country, this recognition of the diplomat by the person is undesirable (persona non grata) or the case of dismisla - the removal of diplomatic immunity from him, while he is declared a private person. Sometimes it is a diplomat's refusal to do his job.

The significance of the Vienna Convention on Diplomatic Relations is that virtually every force majeure in the relations of countries establishing a diplomatic mission is provided for by it. The termination of the functioning of the entire mission is due either to the break of any relations between these countries (practically the declaration of war), or if one of the two countries ceases to exist. Also, the mission can stop its activity if the government changes unconstitutionally or in case of a social revolution.

Special missions

Diplomatic nature can have missions of various levels, according to international customs that have developed in this area. These are missions that are sent by the state to solve certain issues and accomplish certain tasks. Sometimes missions are sent by several countries if the issue is of common interest. The head of the country, if he heads this mission, as well as the Minister of Foreign Affairs and any other high-ranking representatives, necessarily enjoy immunity and privileges in any state.

The boundaries of privileges and immunities are not clearly laid, but heads of state and other high-ranking persons can specifically discuss all the issues relating to this and agree on requirements with each other. However, there was no precedent that the immunity of a diplomat was violated from the jurisdiction of any plan - criminal, administrative or civil. Judging by long-term observations, customs privileges are also granted to diplomats in full. If persons of the highest rank of the diplomatic mission do not have, then their status is still similar to the status of the relevant category of personnel of the diplomatic mission.

Limitations of immunities

Some restrictions on privileges and immunities, as confirmed by the Vienna Convention, are not justified. The Soviet Union did not sign this convention because of disagreement with the allegations in Article 25, which provides for the inviolability of the premises of the special mission. The Convention allows the appearance of local authorities in these premises if a fire or other natural disaster occurs, without the consent of the head of mission. A fire can not be the cause of violation of immunity.

Submission of claims

Article 31 of the Vienna Convention, which prescribes immunity from the jurisdiction of the host country of all the members of the mission's dipersonal staff, also establishes that these taxpayers may be sued for damages caused by accidents caused by transport that was used outside their official work.

Accession to the Convention

The 1961 Vienna Convention on Diplomatic Relations provides for openness for signature not by all categories of states. Countries must be members of the UN or other specialized agencies, participate in the Statute of the International Court of Justice or be invited by the UN General Assembly. This is directly prescribed in articles 48 (documents of 1961) and 76 (documents of 1963).

For example, for this reason, South Ossetia was not recognized as a party to the Vienna Convention. The South Ossetian parliament admitted that their country does not fall into any of the categories and that some articles of the Convention are clearly discriminatory. However, South Ossetia became a party to the Vienna Convention on Diplomatic Relations (1961), but it unilaterally joined these documents.