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VIENNA CONVENTION

22nd March, 2023

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Context:

  • After a group of people chanting pro-Khalistan slogans pulled down the Indian flag at the High Commission in London, the Indian government responded strongly by summoning Britain's top diplomat.
  • A group of pro-Khalistan protesters attacked and vandalized the Indian consulate in San Francisco

Details:

  • India demanded an explanation for the complete lack of British security which allowed these elements to enter the premises of the High Commission.
  • Britain was remanded of its main obligations under the Vienna Convention.

What is the Vienna Convention?

  • The term "Vienna Convention" may refer to a number of agreements signed in Vienna, many of which concern the standardization or formalization of international diplomatic procedures.
  • In this context, the treaty referred to by the MEA is the Vienna Convention on Diplomatic Relations (1961), which "provides a comprehensive basis for the establishment, maintenance and termination of diplomatic relations with the consent of independent Sovereign States".

Details of the convention:

  • It codifies the long-standing tradition of diplomatic immunity, in which diplomatic missions are granted privileges that allow diplomats to carry out their duties without fear of coercion or harassment from their home countries.
  • It affirms the concept of "inviolability" of diplomatic missions, which is one of the constants of international diplomacy.
  • The Vienna Convention on Diplomatic Relations entered into force on April 24, 1964 and has been universally ratified, with the exception of Palau and South Sudan.
  • The "receiving country" accepts the location of the diplomatic mission.
  • Article 22 of the Convention deals with obligations related to Mission houses.
  • Part 2 of this article says that "The receiving State has a special responsibility to protect the premises of the mission from any invasion or destruction and to take all necessary measures to prevent the disturbance of the peace or dignity of the mission".
  • Essentially, the security of the High Commission or Embassy is the responsibility of the host country.

 

PRACTICE QUESTION

Q) Discuss the various salient features of the Vienna Convention. (150 words)

 

https://indianexpress.com/article/explained/explained-law/vienna-convention-high-commission-london-8508253/