The recent incident where pro-Khalistan individuals removed the Indian flag at the High Commission in London has made headlines. The Indian government reacted by calling in the “senior-most” UK diplomat, Deputy High Commissioner, to remind her of the UK Government’s fundamental obligations under the Vienna Convention. This event brings into focus the critical role that the Vienna Convention on Diplomatic Relations plays in maintaining the sanctity and security of diplomatic missions internationally.
The Vienna Convention on Diplomatic Relations: An Overview
The United Nations Conference on Diplomatic Intercourse and Immunities adopted the Vienna Convention on Diplomatic Relations on April 14, 1961, in Vienna, Austria. The convention came into force on April 24, 1964. It enjoys almost universal ratification, with only Palau and South Sudan standing out as exceptions.
India is a ratified member of this convention, which outlines specific privileges and immunities that allow diplomatic missions to operate without fear of coercion or harassment. The convention prevents the enforcement of local laws on diplomatic agencies and ensures safe communication with their home governments.
Provisions Under the Vienna Convention
The Vienna Convention provides for the possible withdrawal of a mission, which could take place due to economic or physical security concerns. Additionally, it specifies circumstances wherein diplomatic relations may be severed following severe deterioration in the relationship between the sending and receiving states or abuse of immunity.
A “receiving State” is the country where a diplomatic mission is based. When permanent missions haven’t been established, or in instances involving withdrawal or severance of diplomatic relations, the convention establishes a framework for protecting each sending State’s interests within the receiving State, via a third State.
Inviolability and Security of Diplomatic Missions
The convention reaffirms the concept of “inviolability” of diplomatic missions, which remains a longstanding cornerstone of international diplomacy. Essentially, the host nation bears the responsibility for the security of any High Commission or Embassy situated within its borders. While diplomatic missions may employ their own security measures, the ultimate accountability lies with the host nation.
Distinguishing Between High Commissions and Embassies
The terms High Commission and Embassy both refer to diplomatic missions. The difference lies in their location. High Commissions are used to denote diplomatic missions in Commonwealth member states, while the term Embassy is used in the rest of the world.