An examination of article 31 (1) of the Vienna convention on diplomatic relations with particular reference to immunity from civil jurisdiction

Abstract

The dissertation examines Article 31(1) of the Vienna Convention on Diplomatic Relations (VCDR), with particular reference to the immunity from the civil and administrative jurisdiction of the Receiving State (RS). The primary rationale of Article 31(1) of the VCDR is to protect diplomats from the jurisdiction of host States, whilst they conduct the necessary roles and functions during the diplomatic mission. The analysis carried out in the dissertation highlights the three formal exceptions to which the diplomatic agent cannot claim diplomatic immunity. Bearing in mind the previous statement, the author refers to various scholars and case-law to depict differing interpretations by States as to which action falls under these exceptions. By critically analysing Article 31(1), this dissertation will contribute to the legal framework governing the concept of diplomatic immunity and its relevance in promoting international relations while addressing instances of alleged abuse of immunities and privileges accorded to diplomatic agents. Ultimately, the dissertation will try to verify and answer the question of how States interpreted the provision relating to the immunity afforded to the diplomatic agent from the civil and administrative jurisdiction of the Receiving State.