diplomatic immunity aruna

8/10/2019 Diplomatic Immunity Aruna

1/4

Diplomatic immunity

The Vienna Convention on Diplomatic Relations of 1961, and ViennaConvention 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 1961o The treaty was adopted on 1) *pril 1961, 'y the +nited ations

Conference on Diplomatic "ntercourse and "mmunities heldin Vienna, *ustria, and -rst implemented on ./ *pril 196/

o international treaty that de-nes a framewor$ for diplomatic

relations 'etween independent countrieso 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 immunityo The treaty is an e0tensive document, containing 3 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 3 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 */


2/4

(Pasting rom +#, #!N-U or a uic& recap )

Vienna convention 196 3

o a framewor$ for consular relations'etween independent

countrieso * 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 countrieso 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 immunityo This convention guarantees freedom from detention until trial

and conviction, e0cept for 5grave o(enceso "n 7arch ., the +nited 8tates pulled out of the ptional

:rotocol to the Convention, which allows the "nternational Court

of ;usticeto have compulsory %urisdiction over disputes arising

under the Convention

The 8aga of Devyani


3/4

!hat the 'ig 'oss says 4

o *ccording to +8 8tate Department hand'oo$4 5Consular ocers

have only ocial acts or functional immunity in respect of 'oth

criminal and civil matters and their personal inviola'ility is Euite

limited Consular ocers 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 ocers is not

inviola'le Consular ocers are not o'liged to provide evidence

as witnesses in connection with matters involving their ocial

duties, to produce ocial documents, or to provide e0pert

witness testimony on the laws of the sending country *'sent a'ilateral agreement, the family mem'ers of consular ocers

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.11G 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)&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 4o 2or 4

Iveryone irrespective of the cadre should o'ey law of land

"ndia charged of modern slavery 4 ill treatment of domestic

helpso *gainst 4


4/4

+8 conducting in unilateralist approach F J88 K *$shay

L sallu styleG Can a !age dispute'etween a consul and her domestic

help Eualify as a grave o(ence

+8 itself has violated convention in :a$istan , Mi'ya andicaragua F casesG

Compared with China setting up of *D"NF*ir defense

identi-cation #oneG

*runa 8References

http4??wwwthehinducom?news?national?nsaAtargetsAindianApoliticsAspaceA

nprogrammes?article161.99ece

http4??newsoneindiain?india?pointsA$nowAa'outAviennaAconventionAonA

diplomaticArelationsA136B36html

http://en.wikipedia.or

http://www.mfa.ov.tr
http://www.thehindu.com/news/national/nsa-targets-indian-politics-space-nprogrammes/article5161299.ecehttp://www.thehindu.com/news/national/nsa-targets-indian-politics-space-nprogrammes/article5161299.ecehttp://news.oneindia.in/india/points-know-about-vienna-convention-on-diplomatic-relations-1360736.htmlhttp://news.oneindia.in/india/points-know-about-vienna-convention-on-diplomatic-relations-1360736.htmlhttp://en.wikipedia.org/http://www.mfa.gov.tr/http://www.thehindu.com/news/national/nsa-targets-indian-politics-space-nprogrammes/article5161299.ecehttp://www.thehindu.com/news/national/nsa-targets-indian-politics-space-nprogrammes/article5161299.ecehttp://news.oneindia.in/india/points-know-about-vienna-convention-on-diplomatic-relations-1360736.htmlhttp://news.oneindia.in/india/points-know-about-vienna-convention-on-diplomatic-relations-1360736.htmlhttp://en.wikipedia.org/http://www.mfa.gov.tr/

diplomatic immunity aruna

Documents