Introduction:

The treaty is made up of 53 articles that provide comprehensive guidelines on the

establishment, maintenance and termination of diplomatic relations on a basis of consent
between independent sovereign States. It sets out the special rules–privileges and
immunities– which enable diplomatic missions to act without fear of coercion or harassment
through enforcement of local laws and to communicate securely with their sending
Governments. It makes provision for withdrawal of a mission – which may take place on
grounds of economy or physical security – and for breach of diplomatic relations which may
occur in response to abuse of immunity or severe deterioration in relations between sending
and receiving States.

According to the provisions of the Vienna Convention on Diplomatic Relations, 1961

following immunities and privileges are available for diplomatic agents:

Article: 22
Inviolability of Premises:
The permanent diplomatic mission has premises in the receiving state where it is to operate
its mission. So, the premises and the private residence of the diplomatic agents are also
inviolable.

Article: 23
Inviolability of Archives and Documents:
The archives and documents of the mission shall be inviolable. This principle of inviolability
of the premises of a diplomatic mission was established by the leading case of United States
Diplomatic and Consular Stuff in Tehran, ICJ 1980.

Under Article: 25
Assurance of Providing Full Facilities:
The Convention imposes a duty on the receiving states to accord full facilities for the mission
to perform its functions.

Article: 26
Freedom of Movement:
The diplomatic agents are free to move and travel in the territory of the receiving state. But
this is subject to the laws and regulations, and laws made by the receiving state concerning
the prohibited security zone.

Article: 27
Freedom of Communication:
The diplomatic agents have also been entitled to communicate any information for official
purpose to the sending state. Such communications includes the use of couriers and code
messages. The diplomatic bag is also inviolable.

Article: 29
Inviolability of Diplomatic Agents:
The person, freedom and dignity of a diplomatic agent are inviolable. The receiving state
shall guarantee his person and shall give him respect. In other words, diplomatic agents
cannot be detained or arrested.

Article: 30
Inviolability of Mission’s Staff:
The Vienna Convention also lays down certain immunities and privileges to the
administrative and technical staff of the diplomatic mission and for their family members
which are also inviolable subject to certain limitations.

Article: 33
Exemption from Social Security:
A diplomatic agent shall with respect to services rendered for the sending State be exempt
from social security provisions which may be in force in the receiving State.

Article: 34
Immunity from Taxes and Customs Duties:
The diplomatic agents are also immune from all sorts of taxes subject to certain exceptions.

Under Article: 35
Immunity from Local and Military Obligations:
The diplomatic agents are also immune from certain local and military obligations of the
receiving state. As for example, the diplomatic agents are exempted from military
contributions, etc. (Vienna Convention on Diplomatic Relations, 1961, 2005)

Civil and Criminal Liability

Article 31
1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving
State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in
the case of:

(a) A real action relating to private immovable property situated in the territory of the
receiving State, unless he holds it on behalf of the sending State for the purposes of the
mission;

(b) An action relating to succession in which the diplomatic agent is involved as executor,
administrator, heir or legatee as a private person and not on behalf of the sending State;
(c) An action relating to any professional or commercial activity exercised by the diplomatic
agent in the receiving State outside his official functions.

2. A diplomatic agent is not obliged to give evidence as a witness.

3. No measures of execution may be taken in respect of a diplomatic agent except in the cases
coming under subparagraphs (a), (b) and (c) of paragraph 1 of this article, and provided that
the measures concerned can be taken without infringing the inviolability of his person or of
his residence.

4. The immunity of a diplomatic agent from the jurisdiction of the receiving State does not
exempt him from the jurisdiction of the sending State. (Vienna Convention on Diplomatic
Relations, 1961, 2005)

Criminal Abuse of Diplomatic Immunity

Probably as old as the policy itself, abuse of diplomatic immunity ranges from non-payment
of traffic fines to serious felonies like domestic abuse, murder, and rape.

On a more serious crime spectrum, the police found that the son of the foreign diplomat in the
New York City was the prime suspect in commission of 15 rapes and he was allowed to leave
US on the claim made by his family for diplomatic immunity, without being prosecuted.
(Thought Co.)

Civil Abuse of Diplomatic Immunity

Diplomatic Immunity is granted to all civil law suits under Article 31 of Vienna Convention
on Diplomatic Relations except for those which involve suits for “Private Immoveable
Property”.

This exception make it difficult for the US citizens and corporations to collect unpaid debts
owed by visiting diplomats, like child support, alimony and rent. Due to this reason, some of
the financial institutions refuse to issue loans to the diplomats and their family members
because they have no legal surety of the repayment of their loans.

The 1995 U.N. Fourth World Conference on Women, in Beijing took up the issue regarding
the problem of diplomats using their immunity to avoid paying child support and alimony. In
its result, in September 1995, the head of the Legal Affairs for the United Nations took
personal responsibility in family disputes regarding legal and moral obligation which
diplomats had. (Thought Co.)

Conclusion:

Looking at the provisions on diplomatic immunities and privileges, the convention mainly
relied upon the theory of functional necessity to provide the inviolability scope of the
diplomat and his family. In analyzing this Convention, it has found out that although the
theory of functional necessity was appropriate in providing the basis for immunities, the
diplomat’s inviolability has been misused by some diplomats to commit crimes and escape
justice by claiming diplomatic immunity.