Vienna Convention on Consular Relations

Vienna Convention on Consular Relations


Parties to the convention
Drafted 22 April 1963
Signed 24 April 1963
Location Vienna
Effective 19 March 1967
Condition Ratification by 22 states
Signatories 48
Parties 179 (as of May 2016)[1]
Depositary UN Secretary-General
Citations 500 U.N.T.S. 95; 23 U.S.T. 3227
Languages Chinese, English, French, Russian and Spanish[2]
Vienna Convention on Consular Relations at Wikisource

The Vienna Convention on Consular Relations of 1963 is an international treaty that defines a framework for consular relations between independent states. A consul normally operates out of an embassy in another country, and performs two functions: (1) protecting in the host country the interests of their countrymen, and (2) furthering the commercial and economic relations between the two states. 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 179 states.[1]

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.[2]

State parties to the convention

  Non-signatory UN member states

There are 179 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, Solomon Islands, South Sudan, Swaziland and Uganda.

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 (Sanchez-Llamas v. Oregon). 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[3] was not a binding domestic law and therefore could not be used to overcome state procedural default rules that barred further post-conviction challenges (Medellín v. Texas ).

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.[4]

See also


  1. 1 2 "Vienna Convention on Consular Relations". United Nations Treaty Collection. United Nations. Retrieved 19 May 2016.
  2. 1 2 "Vienna Convention on Consular Relations" (PDF). United Nations. Retrieved 12 April 2010.
  3. the highest international jurisdictions tried to temper the American justice, as evidenced by the judgments of the International Court of Justice 27 June 2001 in LaGrand case (Germany v . United States) and 31 March 2004 in the case Avena and Other Mexican Nationals (Mexico v . United States of America) on the violation of the Vienna Convention of consular relations in trial procedures that led to the capital penalty of foreigners in the USA. The U.S. Supreme Court in Medellin case rejected the interference of international law in the national reserved domain: Buonomo, Giampiero (2007). "Pena di morte: perchè aderire alla moratoria è giusto non soltanto sotto il profilo etico". Diritto&Giustizia edizione online.   via Questia (subscription required)
  4. International Court of Justice, 24 May 1980, Case Concerning United States Diplomatic and Consular Staff in Tehran
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