The Vienna Convention on Consular Relations of 1963 is an international
treaty that defines a framework for consular relations between independent
countries. A consul normally operates out of an embassy in another country,
and performs two functions: protecting in the host country the interests of
their countrymen, and furthering the commercial and economic relations
between the two countries. While a consul is not a diplomat, they work out
of the same premises, and under this treaty they are afforded most of the
same privileges, including a variation of diplomatic immunity called consular
immunity. The treaty has been ratified by 177 countries.
Key provisions The treaty is an extensive document,
containing 79 articles. Following is a basic overview of its key provisions.
For a comprehensive enumeration of all articles, consult the original text.
Article 5. Thirteen functions of a consul are listed, including protecting
in the receiving state the interests of the sending state and its nationals, as
well as developing the commercial, economic, cultural, and scientific
relations between the two countries. Article 23. The host nation may at any
time and for any reason declare a particular member of the consular staff
to be persona non grata. The sending state must recall this person within a
reasonable period of time, or otherwise this person may lose their consular
immunity. Article 31. The host nation may not
enter the consular premises, and must protect the premises from intrusion or
damage. Article 35. Freedom of communication
between the consul and their home country must be preserved. A consular
bag must never be opened. A consular courier must never be detained.
Article 36. Foreign nationals who are arrested or detained be given notice
"without delay" of their right to have their embassy or consulate notified of
that arrest. If the detained foreign national so requests, the police must
fax that notice to the embassy or consulate, which can then check up on
the person. The notice to the consulate can be as simple as a fax, giving the
person's name, the place of arrest, and, if possible, something about the reason
for the arrest or detention. State parties to the convention
There are 177 state parties to the convention including most UN member
states and UN observer states Holy See and State of Palestine. The signatory
states that have not ratified the convention are: Central African
Republic, Israel, Ivory Coast and Republic of Congo. The UN member states
that have neither signed nor ratified the convention are: Afghanistan,
Burundi, Chad, Comoros, Guinea-Bissau, Ethiopia, Palau, San Marino, Sierra
Leone, Solomon Islands, South Sudan, Swaziland, Uganda, Zambia.
Application of the treaty by the United States
In March 2005, the United States pulled out of the Optional Protocol to the
Convention, which allows the International Court of Justice to have
compulsory jurisdiction over disputes arising under the Convention. In June
2006, the United States Supreme Court ruled that foreign nationals who were
not notified of their right to consular notification and access after an arrest
may not use the treaty violation to suppress evidence obtained in police
interrogation or belatedly raise legal challenges after trial. In March 2008,
the Supreme Court further ruled that the decision of the International Court of
Justice directing the United States to give "review and reconsideration" to the
cases of 51 Mexican convicts on death row was not a binding domestic law and
therefore could not be used to overcome state procedural default rules that
barred further post-conviction challenges.
In 1980, prior to its withdrawal from the Optional Protocol, the U.S. brought
a case to the ICJ against Iran in response to the seizure of United States
diplomatic offices and personnel by militant revolutionaries.
See also Diplomatic immunity
Consular immunity References
External links Text of the Convention
Implications of the Vienna Convention on Consular Relations upon the Regulation
of Consular Identification Cards U.S. Quits Pact Used in Capital Cases:
Foes of Death Penalty Cite Access to Envoys – Washington Post article by
Charles Lane Introductory note by Juan Manuel Gómez
Robledo, procedural history note and audiovisual material on the Vienna
Convention on Consular Relations in the Historic Archives of the United Nations
Audiovisual Library of International Law Lecture by Eileen Denza entitled
Diplomatic and Consular Law – Topical Issues in the Lecture Series of the
United Nations Audiovisual Library of International Law