The Vienna Convention

Paper Summary:

The 1961 Vienna Convention on diplomatic relations sets accepted rules for diplomatic and consular privileges. It sets forth certain immunities that are considered necessary for diplomats to carry out their functions in keeping international peace. This paper discusses how the increase of awareness regarding the global threat of terrorism and several key cases claiming abuse of privileges under the Vienna Convention have raised questions as to the applicability and role that it should play in modern diplomatic relations. The paper examines the relevancy of the Vienna Convention by examining commentary and case law in an attempt to clarify the role of the Vienna Convention in today's society.

Outline:
Case Law: Examining Applicability
The Vienna Convention and Terrorism
Problems of Interpretation and Enforcement
Conclusion

From the Paper:

"In February of 987, an ambassador from Papua New Guinea returned home after he killed a man while driving intoxicated (Shenon, 1987). He escaped prosecution by using diplomatic immunity. In 1982, a Brazilian ambassador's son shot and injured a bouncer at a nightclub. He returned home without having to stand trial for the incident (Shenon, 1987). There is even a documented case where an ambassador's dog escaped the consequences of biting several neighbors by means of his owner's diplomatic immunity (Shenon, 1987). These cases highlight the potential for misuse of the privileges under the Vienna Convention to get away with real crimes in the country of residence. "

Sample of Sources Used:

• Byers, M. 2004, Agreeing to Disagree: Security Council Resolution 1441 and Intentional Ambiguity. Global Governance. Vol. 10. Issue: 2. pp. 165.
• Caron, D. 1991, Iraq and the Force of Law: Why Give a Shield of Immunity. American Journal of International Law. Vol. 85. Issue: 1. pp. 89.
• Crawford, J. 1981, Execution of Judgments and Foreign Sovereign Immunity. American Journal of International Law. Vol. 75. Issue: 4. pp. 820.
• Denza, E/. 1998, Diplomatic Law, A Commentary on the Vienna Convention on Diplomatic Relations ( 2nd ed.). Oxford: Clarendon Press. pp. 436.
• De Silva, N. 2007, Diplomatic status should not be lightly asked or indeed given. The Sunday Times. January 7, 2007. Vol. 41, no 32. [Online} Available at: http://www.sundaytimes.lk/070107/Columns/thoughts.html

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