VIENNA CONVENTION ON DIPLOMATIC RELATIONS
DONE AT VIENNA, ON 18 APRIL 1961
The States Parties to the present Convention, Recalling that peoples
of all nations from ancient times have recognized the status of diplomatic
agents,
Having in mind the purposes and principles of the Charter of the United
Nations concerning the sovereign equality of States, the maintenance
of international peace and security, and the promotion of friendly relations
among nations,
Believing that an international convention on diplomatic intercourse,
privileges and immunities would contribute to the development of friendly
relations among nations, irrespective of their differing constitutional
and social systems,
Realizing that the purpose of such privileges and immunities is not
to benefit individuals but to ensure the efficient performance of the
functions of diplomatic missions as representing States,
Affirming that the rules of customary international law should continue
to govern questions not expressly regulated by the provisions of the
present Convention,
Have agreed as follows:
Article I
For the purpose of the present Convention, the following expressions
shall have the meanings hereunder assigned to them:
(a) the "head of the mission" is the person charged by the
sending State with the duty of acting in that capacity;
(b) the "members of the mission" are the head of the mission
and the members of the staff of the mission;
(c) the "members of the staff of the mission" are the members
of the diplomatic staff, of the administrative and technical staff and
of the service staff of the mission;
(d) the "members of the diplomatic staff" are the members
of the staff of the mission having diplomatic rank;
(e) a "diplomatic agent" is the head of the mission or a member
of the diplomatic staff of the mission;
(f) the "members of the administrative and technical staff"
are the members of the staff of the mission employed in the administrative
and technical service of the mission;
(g) the "members of the service staff" are the members of
the staff of the mission in the domestic service of the mission;
(h) a "private servant" is a person who is in the domestic
service of a member of the mission and who is not an employee of the
sending State;
(i) the "premises of the mission" are the buildings or parts
of buildings and the land ancillary thereto, irrespective of ownership,
used for the purposes of the mission including the residence of the
head of the mission.
Article 2
The establishment of diplomatic relations between States, and of permanent
diplomatic missions, takes place by mutual consent.
Article 3
1. The functions of a diplomatic mission consist inter alia in:
(a) representing the sending State in the receiving State;
(b) protecting in the receiving State the interests of the sending State
and of its nationals, within the limits permitted by international law;
(c) negotiating with the Government of the receiving State;
(d) ascertaining by all lawful means conditions and developments in
the receiving State, and reporting thereon to the Government of the
sending State;
(e) promoting friendly relations between the sending State and the receiving
State, and developing their economic, cultural and scientific relations.
2. Nothing in the present Convention shall be construed as preventing
the performance of consular functions by a diplomatic mission.
Article 4
1. The sending State must make certain that the agreement of the receiving
State has been given for the person it proposes to accredit as head
of the mission to that State.
2. The receiving State is not obliged to give reasons to the sending
State for a refusal of agrement.
Article 5
1. The sending State may, after it has given due notification to the
receiving States concerned, accredit a head of mission or assign any
member of the diplomatic staff, as the case may be, to more than one
State, unless there is express objection by any of the receiving States.
2. If the sending State accredits a head of mission to one or more other
States it may establish a diplomatic mission headed by a charge d'affaires
ad interim in each State where the head of mission has not his permanent
seat.
3. A head of mission or any member of the diplomatic staff of the mission
may act as representative of the sending State to any international
organization.
Article 6
Two or more States may accredit the same person as head of mission to
another State, unless objection is offered by the receiving State.
Article 7
Subject to the provisions of Articles 5, 8, 9 and 11, the sending State
may freely appoint the members of the staff of the mission. In the case
of military, naval or air attaches, the receiving State may require
their names to be submitted beforehand, for its approval.
Article 8
1. Members of the diplomatic staff of the mission should in principle
be of the nationality of the sending State.
2. Members of the diplomatic staff of the mission may not be appointed
from among persons having the nationality of the receiving State, except
with the consent of that State which may be withdrawn at any time.
3. The receiving State may reserve the same right with regard to nationals
of a third State who are not also nationals of the sending State.
Article 9
1. The receiving State may at any time and without having to explain
its decision, notify the sending State that the head of the mission
or any member of the diplomatic staff of the mission is persona non
grata or that any other member of the staff of the mission is not acceptable.
In any such case, the sending State shall, as appropriate, either recall
the person concerned or terminate his functions with the mission. A
person may be declared non grata or not acceptable before arriving in
the territory of the receiving State.
2. If the sending State refuses or fails within a reasonable period
to carry out its obligations under paragraph 1 of this Article, the
receiving State may refuse to recognize the person concerned as a member
of the mission.
Article 10
1. The Ministry for Foreign Affairs of the receiving State, or such
other ministry as may be agreed, shall be notified of:
(a) the appointment of members of the mission, their arrival and their
final departure or the termination of their functions with the mission;
(b) the arrival and final departure of a person belonging to the family
of a member of the mission and, where appropriate, the fact that a person
becomes or ceases to be a member of the family of a member of the mission;
(c) the arrival and final departure of private servants in the employ
of persons referred to in sub-paragraph (a) of this paragraph and, where
appropriate, the fact that they are leaving the employ of such persons;
(d) the engagement and discharge of persons resident in the receiving
State as members of the mission or private servants entitled to privileges
and immunities.
2. Where possible, prior notification of arrival and final departure
shall also be given.
Article 11
1. In the absence of specific agreement as to the size of the mission,
the receiving State may require that the size of a mission be kept within
limits considered by it to be reasonable and normal, having regard to
circumstances and conditions in the receiving State and to the needs
of the particular mission.
2. The receiving State may equally, within similar bounds and on a nondiscriminatory
basis, refuse to accept officials of a particular category.
Article 12
The sending State may not, without the prior express consent of the
receiving State, establish offices forming part of the mission in localities
other than those in which the mission itself is established.
Article 13
1. The head of the mission is considered as having taken up his functions
in the receiving State either when he has presented his credentials
or when he has notified his arrival and a true copy of his credentials
has been presented to the Ministry for Foreign Affairs of the receiving
State, or such other ministry as may be agreed, in accordance with the
practice
prevailing in the receiving State which shall be applied in a uniform
manner.
2. The order of presentation of credentials or of a true copy thereof
will be determined by the date and time of the arrival of the head of
the mission.
Article 14
1. Heads of mission are divided into three classes, namely:
(a) that of ambassadors or nuncios accredited to Heads of State, and
other heads of mission of equivalent rank;
(b) that of envoys, ministers and internuncios accredited to Heads of
State;
(c) that of charges d'affaires accredited to Ministers for Foreign Affairs.
2. Except as concerns precedence and etiquette, there shall be no differentiation
between heads of mission by reason of their class.
Article 15
The class to which the heads of their missions are to be assigned shall
be agreed between States.
Article 16
1. Heads of mission shall take precedence in their respective classes
in the order of the date and time of taking up their functions in accordance
with Article 13.
2. Alterations in the credentials of a head of mission not involving
any change of class shall not affect his precedence.
3. This article is without prejudice to any practice accepted by the
receiving State regarding the precedence of the representative of the
Holy See.
Article 17
The precedence of the members of the diplomatic staff of the mission
shall be notified by the head of the mission to the Ministry for Foreign
Affairs or such other ministry as may be agreed.
Article 18
The procedure to be observed in each State for the reception of heads
of mission shall be uniform in respect of each class.
Article 19
1. If the post of head of the mission is vacant, or if the head of the
mission is unable to perform his functions, a charge d'affaires ad interim
shall act provisionally as head of the mission. The name of the charge
d'affaires ad interim shall be notified, either by the head of the mission
or, in case he is unable to do so, by the Ministry for Foreign Affairs
of the sending State to the Ministry for Foreign Affairs of the receiving
State or such other ministry as may be agreed.
2. In cases where no member of the diplomatic staff of the mission is
present in the receiving State, a member of the administrative and technical
staff may, with the consent of the receiving State, be designated by
the sending State to be in charge of the current administrative affairs
of the mission.
Article 20
The mission and its head shall have the right to use the flag and emblem
of the sending State on the premises of the mission, including the residence
of the head of the mission, and on his means of transport.
Article 21
1. The receiving State shall either facilitate the acquisition on its
territory, in accordance with its laws, by the sending State of premises
necessary for its mission or assist the latter in obtaining accommodation
in some other way.
2. It shall also, where necessary, assist missions in obtaining suitable
accommodation for their members.
Article 22
1. The premises of the mission shall be inviolable. The agents of the
receiving State may not enter them, except with the consent of the head
of the mission.
2. The receiving State is under a special duty to take all appropriate
steps to protect the premises of the mission against any intrusion or
damage and to prevent any disturbance of the peace of the mission or
impairment of its dignity.
3. The premises of the mission, their furnishings and other property
thereon and the means of transport of the mission shall be immune from
search, requisition, attachment or execution.
Article 23
1. The sending State and the head of the mission shall be exempt from
all national, regional or municipal dues and taxes in respect of the
premises of the mission, whether owned or leased, other than such as
represent payment for specific services rendered.
2. The exemption from taxation referred to in this Article shall not
apply to such dues and taxes payable under the law of the receiving
State by persons contracting with the sending State or the head of the
mission.
Article 24
The archives and documents of the mission shall be inviolable at any
time and wherever they may be.
Article 25
The receiving State shall accord full facilities for the performance
of the functions of the mission.
Article 26
Subject to its laws and regulations concerning zones entry into which
is prohibited or regulated for reasons of national security, the receiving
State shall ensure to all members of the mission freedom of movement
and travel in its territory.
Article 27
1. The receiving State shall permit and protect free communication on
the part of the mission for all official purposes. In communicating
with the Government and the other missions and consulates of the sending
State, wherever situated, the mission may employ all appropriate means,
including diplomatic couriers and messages in code or cipher. However,
the mission may install and use a wireless transmitter only with the
consent of the receiving State.
2. The official correspondence of the mission shall be inviolable. Official
correspondence means all correspondence relating to the mission and
its functions.
3. The diplomatic bag shall not be opened or detained.
4. The packages constituting the diplomatic bag must bear visible external
marks of their character and may contain only diplomatic documents or
articles intended for official use.
5. The diplomatic courier, who shall be provided with an official document
indicating his status and the number of packages constituting the diplomatic
bag, shall be protected by the receiving State in the performance of
his functions. He shall enjoy personal inviolability and shall not be
liable to any form of arrest or detention.
6. The sending State or the mission may designate diplomatic couriers
ad hoc. In such cases the provisions of paragraph 5 of this Article
shall also apply, except that the immunities therein mentioned shall
cease to apply when such a courier has delivered to the consignee the
diplomatic bag in his charge.
7. A diplomatic bag may be entrusted to the captain of a commercial
aircraft scheduled to land at an authorized port of entry. He shall
be provided with an official document indicating the number of packages
constituting the bag but he shall not be considered to be a diplomatic
courier. The mission may send one of its members to take possession
of the diplomatic bag directly and freely from the captain of the aircraft.
Article 28
The fees and charges levied by the mission in the course of its official
duties shall be exempt from all dues and taxes.
Article 29
The person of a diplomatic agent shall be inviolable. He shall not be
liable to any form of arrest or detention. The receiving State shall
treat him with due respect and shall take all appropriate steps to prevent
any attack on his person, freedom or dignity.
Article 30
1. The private residence of a diplomatic agent shall enjoy the same
inviolability and protection as the premises of the mission.
2. His papers, correspondence and, except as provided in paragraph 3
of Article 31, his property, shall likewise enjoy inviolability
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 sub-paragraphs (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.
Article 32
1. The immunity from jurisdiction of diplomatic agents and of persons
enjoying immunity under Article 37 may be waived by the sending State.
2. Waiver must always be express.
3. The initiation of proceedings by a diplomatic agent or by a person
enjoying immunity from jurisdiction under Article 37 shall preclude
him from invoking immunity from jurisdiction in respect of any counter-claim
directly connected with the principal claim.
4. Waiver of immunity from jurisdiction in respect of civil or administrative
proceedings shall not be held to imply waiver of immunity in respect
of the execution of the judgment, for which a separate waiver shall
be necessary.
Article 33
1. Subject to the provisions of paragraph 3 of this Article, 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.
2. The exemption provided for in paragraph 1 of this Article shall also
apply to private servants who are in the sole employ of a diplomatic
agent, on condition:
(a) that they are not nationals of or permanently resident in the receiving
State; and
(b) that they are covered by the social security provisions which may
be in force in the sending State or a third State.
3. A diplomatic agent who employs persons to whom the exemption provided
for in paragraph 2 of this Article does not apply shall observe the
obligations which the social security provisions of the receiving State
impose upon employers.
4. The exemption provided for in paragraphs 1 and 2 of this Article
shall not preclude voluntary participation in the social security system
of the receiving State provided that such participation is permitted
by that State.
5. The provisions of this Article shall not affect bilateral or multilateral
agreements concerning social security concluded previously and shall
not prevent the conclusion of such agreements in the future.
Article 34
A diplomatic agent shall be exempt from all dues and taxes, personal
or real, national, regional or municipal, except:
(a) indirect taxes of a kind which are normally incorporated in the
price of goods or services;
(b) dues and taxes on 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;
(c) estate, succession or inheritance duties levied by the receiving
State, subject to the provisions of paragraph 4 of Article 39;
(d) dues and taxes on private income having its source in the receiving
State and capital taxes on investments made in commercial undertakings
in the receiving State;
(e) charges levied for specific services rendered;
(f) registration, court or record fees, mortgage dues and stamp duty,
with respect to immovable property, subject to the provisions of Article
23.
Article 35
The receiving State shall exempt diplomatic agents from all personal
services, from all public service of any kind whatsoever, and from military
obligations such as those connected with requisitioning, military contributions
and billeting.
Article 36
1. The receiving State shall, in accordance with such laws and regulations
as it may adopt, permit entry of and grant exemption from all customs
duties, taxes, and related charges other than charges for storage, cartage
and similar services, on:
(a) articles for the official use of the mission;
(b) articles for the personal use of a diplomatic agent or members of
his family forming part of his household, including articles intended
for his establishment.
2. The personal baggage of a diplomatic agent shall be exempt from inspection,
unless there are serious grounds for presuming that it contains articles
not covered by the exemptions mentioned in paragraph 1 of this Article,
or articles the import or export of which is prohibited by the law or
controlled by the quarantine regulations of the receiving State. Such
inspection shall be conducted only in the presence of the diplomatic
agent or of his authorized representative.
Article 37
1. The members of the family of a diplomatic agent forming part of his
household shall, if they are not nationals of the receiving State, enjoy
the privileges and immunities specified in Articles 29 to 36.
2. Members of the administrative and technical staff of the mission,
together with members of their families forming part of their respective
households, shall, if they are not nationals of or permanently resident
in the receiving State, enjoy the privileges and immunities specified
in Articles 29 to 35, except that the immunity from civil and administrative
jurisdiction of the receiving State specified in paragraph 1 of Article
31 shall not extend to acts performed outside the course of their duties.
They shall also enjoy the privileges specified in Article 36, paragraph
1, in respect of articles imported at the time of first installation.
3. Members of the service staff of the mission who are not nationals
of or permanently resident in the receiving State shall enjoy immunity
in respect of acts performed in the course of their duties, exemption
from dues and taxes on the emoluments they receive by reason of their
employment and the exemption contained in Article 33.
4. Private servants of members of the mission shall, if they are not
nationals of or permanently resident in the receiving State, be exempt
from dues and taxes on the emoluments they receive by reason of their
employment. In other respects, they may enjoy privileges and immunities
only to the extent admitted by the receiving State. However, the receiving
State must exercise its jurisdiction over those persons in such a manner
as not to interfere unduly with the performance of the functions of
the mission.
Article 38
1. Except insofar as additional privileges and immunities may be granted
by the receiving State, a diplomatic agent who is a national of or permanently
resident in that State shall enjoy only immunity from jurisdiction,
and inviolability, in respect of official acts performed in the exercise
of his functions.
2. Other members of the staff of the mission and private servants who
are nationals of or permanently resident in the receiving State shall
enjoy privileges and immunities only to the extent admitted by the receiving
State. However, the receiving State must exercise its jurisdiction over
those persons in such a manner as not to interfere unduly with the performance
of the functions of the mission.
Article 39
1. Every person entitled to privileges and immunities shall enjoy them
from the moment he enters the territory of the receiving State on proceeding
to take up his post or, if already in its territory, from the moment
when his appointment is notified to the Ministry for Foreign Affairs
or such other ministry as may be agreed.
2. When the functions of a person enjoying privileges and immunities
have come to an end, such privileges and immunities shall normally cease
at the moment when he leaves the country, or on expiry of a reasonable
period in which to do so, but shall subsist until that time, even in
case of armed conflict. However, with respect to acts performed by such
a person in the exercise of his functions as a member of the mission,
immunity shall continue to subsist.
3. In case of the death of a member of the mission, the members of his
family shall continue to enjoy the privileges and immunities to which
they are entitled until the expiry of a reasonable period in which to
leave the country.
4. In the event of the death of a member of the mission not a national
of or permanently resident in the receiving State or a member of his
family forming part of his household, the receiving State shall permit
the withdrawal of the movable property of the deceased, with the exception
of any property acquired in the country the export of which was prohibited
at the time of his death. Estate, succession and inheritance duties
shall not be levied on movable property the presence of which in the
receiving State was due solely to the presence there of the deceased
as a member of the mission or as a member of the family of a member
of the mission.
Article 40
1. If a diplomatic agent passes through or is in the territory of a
third State, which has granted him a passport visa if such visa was
necessary, while proceeding to take up or to return to his post, or
when returning to his own country, the third State shall accord him
inviolability and such other immunities as may be required to ensure
his transit or return. The
same shall apply in the case of any members of his family enjoying privileges
or immunities who are accompanying the diplomatic agent, or travelling
separately to join him or to return to their country.
2. In circumstances similar to those specified in paragraph 1 of this
Article, third States shall not hinder the passage of members of the
administrative and technical or service staff of a mission, and of members
of their families, through their territories.
3. Third States shall accord to official correspondence and other official
communications in transit, including messages in code or cipher, the
same freedom and protection as is accorded by the receiving State. They
shall accord to diplomatic couriers, who have been granted a passport
visa if such visa was necessary, and diplomatic bags in transit the
same
inviolability and protection as the receiving State is bound to accord.
4. The obligations of third States under paragraphs 1, 2 and 3 of this
Article shall also apply to the persons mentioned respectively in those
paragraphs, and to official communications and diplomatic bags, whose
presence in the territory of the third State is due to force majeure.
Article 41
1. Without prejudice to their privileges and immunities, it is the duty
of all persons enjoying such privileges and immunities to respect the
laws and regulations of the receiving State. They also have a duty not
to interfere in the internal affairs of that State.
2. All official business with the receiving State entrusted to the mission
by the sending State shall be conducted with or through the Ministry
for Foreign Affairs of the receiving State or such other ministry as
may be agreed.
3. The premises of the mission must not be used in any manner incompatible
with the functions of the mission as laid down in the present Convention
or by other rules of general international law or by any special agreements
in force between the sending and the receiving State.
Article 42
A diplomatic agent shall not in the receiving State practise for personal
profit any professional or commercial activity.
Article 43
The function of a diplomatic agent comes to an end, inter alia:
(a) on notification by the sending State to the receiving State that
the function of the diplomatic agent has come to an end;
(b) on notification by the receiving State to the sending State that,
in accordance with paragraph 2 of Article 9, it refuses to recognize
the diplomatic agent as a member of the mission.
Article 44
The receiving State must, even in case of armed conflict, grant facilities
in order to enable persons enjoying privileges and immunities, other
than nationals of the receiving State, and members of the families of
such persons irrespective of their nationality, to leave at the earliest
possible moment. It must, in particular, in case of need, place at their
disposal the necessary means of transport for themselves and their property.
Article 45
If diplomatic relations are broken off between two States, or if a mission
is permanently or temporarily recalled:
(a) the receiving State must, even in case of armed conflict, respect
and protect the premises of the mission, together with its property
and archives;
(b) the sending State may entrust the custody of the premises of the
mission, together with its property and archives, to a third State acceptable
to the receiving State;
(c) the sending State may entrust the protection of its interests and
those of its nationals to a third State acceptable to the receiving
State.
Article 46
A sending State may with the prior consent of a receiving State, and
at the request of a third State not represented in the receiving State,
undertake the temporary protection of the interests of the third State
and of its nationals.
Article 47
1. In the application of the provisions of the present Convention, the
receiving State shall not discriminate as between States.
2. However, discrimination shall not be regarded as taking place:
(a) where the receiving State applies any of the provisions of the present
Convention restrictively because of a restrictive application of that
provision to its mission in the sending State;
(b) where by custom or agreement States extend to each other more favourable
treatment than is required by the provisions of the present Convention.
Article 48
The present Convention shall be open for signature by all States Members
of the United Nations or of any of the specialized agencies or Parties
to the Statute of the International Court of Justice, and by any other
State invited by the General Assembly of the United Nations to become
a Party to the Convention, as follows: until 31 October 1961 at the
Federal Ministry for Foreign Affairs of Austria and subsequently, until
31 March 1962, at the United Nations Headquarters in New York.
Article 49
The present Convention is subject to ratification. The instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
Article 50
The present Convention shall remain open for accession by any State
belonging to any of the four categories mentioned in Article 48. The
instruments of accession shall be deposited with the Secretary-General
of the United Nations.
Article 51
1. The present Convention shall enter into force on the thirtieth day
following the date of deposit of the twenty-second instrument of ratification
or accession with the Secretary-General of the United Nations.
2. For each State ratifying or acceding to the Convention after the
deposit of the twenty-second instrument of ratification or accession,
the Convention shall enter into force on the thirtieth day after deposit
by such State of its instrument of ratification or accession.
Article 52
The Secretary-General of the United Nations shall inform all States
belonging to any of the four categories mentioned in Article 48:
(a) of signatures to the present Convention and of the deposit of instruments
of ratification or accession, in accordance with Articles 48, 49 and
50;
(b) of the date on which the present Convention will enter into force,
in accordance with Article 51.
Article 53
The original of the present Convention, of which the
Chinese, English, French, Russian and Spanish texts are equally authentic,
shall be deposited with the Secretary-General of the United Nations,
who shall send certified copies thereof to all States belonging to any
of the four categories mentioned in Article 48.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized
there to by their respective Governments, have signed the present Convention.
DONE at Vienna, this eighteenth day of April one thousand nine hundred
and sixty-one.
OPTIONAL PROTOCOL TO THE VIENNA CONVENTION ON
DIPLOMATIC RELATIONS, CONCERNING ACQUISITION OF NATIONALITY. DONE AT
VIENNA, ON 18 APRIL 1961
The States Parties to the present Protocol and to the Vienna Convention
on Diplomatic Relations, hereinafter referred to as "the Convention",
adopted by the United Nations Conference held at Vienna from 2 March
to 14 April 1961,
Expressing their wish to establish rules between them concerning acquisition
of nationality by the members of their diplomatic missions and of the
families forming part of the household of those members,
Have agreed as follows:
Article I
For the purpose of the present Protocol, the expression " members
of the mission " shall have the meaning assigned to it in Article
1, sub-paragraph (b), of the Convention, namely " the head of the
mission and the members of the staff of the mission".
Article II
Members of the mission not being nationals of the receiving State, and
members of their families forming part of their household, shall not,
solely by the operation of the law of the receiving State, acquire the
nationality of that State.
Article III
The present Protocol shall be open for signature by all States which
may become Parties to the Convention, as follows: until 31 October 1961
at the Federal Ministry for Foreign Affairs of Austria and subsequently,
until 31 March 1962, at the United Nations Headquarters in New York.
Article IV
The present Protocol is subject to ratification. The instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
Article V
The present Protocol shall remain open for accession by all States which
may become Parties to the Convention. The instruments of accession shall
be deposited with the Secretary-General of the United Nations.
Article VI
1. The present Protocol shall enter into force on the same day as theConvention
or on the thirtieth day following the date of deposit of the second
instrument of ratification or accession to the Protocol with the Secretary-General
of the United Nations, whichever date is the later.
2. For each State ratifying or acceding to the present Protocol after
its entry into force in accordance with paragraph 1 of this Article,
the Protocol shall enter into force on the thirtieth day after deposit
by such State of its instrument of ratification or accession.
Article VII
The Secretary-General of the United Nations shall inform all States
whichmay become Parties to the Convention:
(a) of signatures to the present Protocol and of the deposit of instruments
of ratification or accession, in accordance with Articles III, IV and
V;
(b) of the date on which the present Protocol will enter into force,
in accordance with Article VI.
Article VIII
The original of the present Protocol, of which the Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited
with the Secretary-General of the United Nations, who shall send certified
copies thereof to all States referred to in Article III.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized
there to by their respective Governments, have signed the present Protocol.
DONE at Vienna, this eighteenth day of April one thousand nine hundred
and sixty-one.
OPTIONAL PROTOCOL TO THE VIENNA CONVENTION ON
DIPLOMATIC RELATIONS, CONCERNING THE COMPULSORY SETTLEMENT OF DISPUTES.
DONE AT VIENNA, ON 18 APRIL 1961
The States Parties to the present Protocol and to the Vienna Convention
on Diplomatic Relations, hereinafter referred to as "the Convention",
adopted by the United Nations Conference held at Vienna from 2 March
to 14 April 1961,
Expressing their wish to resort in all matters concerning them in respect
of any dispute arising out of the interpretation or application of the
Convention to the compulsory jurisdiction of the International Court
of Justice, unless some other form of settlement has been agreed upon
by the parties within a reasonable period,
Have agreed as follows:
Article I
Disputes arising out of the interpretation or application of the Convention
shall lie within the compulsory jurisdiction of the International Court
of Justice and may accordingly be brought before the Court by an application
made by any party to the dispute being a Party to the present Protocol.
Article II
The parties may agree, within a period of two months after one party
has notified its opinion to the other that a dispute exists, to resort
not to the International Court of Justice but to an arbitral tribunal.
After the expiry of the said period, either party may bring the dispute
before the Court by an application.
Article III
1. Within the same period of two months, the parties may agree to adopt
a conciliation procedure before resorting to the International Court
of Justice.
2. The conciliation commission shall make its recommendations within
five months after its appointment. If its recommendations are not accepted
by the parties to the dispute within two months after they have been
delivered, either party may bring the dispute before the Court by an
application.
Article IV
States Parties to the Convention, to the Optional Protocol concerning
Acquisition of Nationality, l and to the present Protocol may at any
time declare that they will extend the provisions of the present Protocol
to disputes arising out of the interpretation or application of the
Optional Protocol concerning Acquisition of Nationality. Such declarations
shall be notified to the Secretary-General of the United Nations.
Article V
The present Protocol shall be open for signature by all States which
may become Parties to the Convention, as follows: until 31 October 1961
at the Federal Ministry for Foreign Affairs of Austria and subsequently,
until 31 March 1962, at the United Nations Headquarters in New York.
Article VI
The present Protocol is subject to ratification. The instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
Article VII
The present Protocol shall remain open for accession by all States which
may become Parties to the Convention. The instruments of accession shall
be deposited with the Secretary-General of the United Nations.
Article VIII
1. The present Protocol shall enter into force on the same day as the
Convention or on the thirtieth day following the date of deposit of
the second instrument of ratification or accession to the Protocol with
the Secretary-General of the United Nations, whichever day is the later.
2. For each State ratifying or acceding to the present Protocol after
its entry into force in accordance with paragraph 1 of this Article,
the Protocol shall enter into force on the thirtieth day after deposit
by such State of its instrument of ratification or accession.
Article IX
The Secretary-General of the United Nations shall inform all States
which may become Parties to the Convention:
(a) of signatures to the present Protocol and of the deposit of instruments
of ratification or accession, in accordance with Articles V, VI and
VII;
(b) of declarations made in accordance with Article IV of the present
Protocol;
(c) of the date on which the present Protocol will enter into force,
in accordance with Article VIII.
Article X
The original of the present Protocol, of which the Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited
with the Secretary-General of the United Nations, who shall send certified
copies thereof to all States referred to in Article V.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized
thereto by their respective Governments, have signed the present Protocol.
DONE at Vienna, this eighteenth day of April one thousand nine hundred
and sixty-one.
