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With reference to the diplomatic immunity, consider the following statements:
1. Diplomatic immunity is granted on the basis of two conventions, popularly called the Vienna Conventions.
2. All United Nations members ratified the Vienna Conventions.
Which of the statements given above is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
With reference to the diplomatic immunity, consider the following stat...
After she allegedly hit two staff members at a boutique in Seoul last month, the wife of Belgium’s ambassador to South Korea will now be exercising her diplomatic immunity to avoid criminal charges.
  • Diplomatic immunity is a privilege of exemption from certain laws and taxes granted to diplomats by the country in which they are posted.
  • The custom was formed so that diplomats can function without fear, threat or intimidation from the host country.
  • Diplomatic immunity is granted on the basis of two conventions, popularly called the Vienna Conventions — the Convention on Diplomatic Relations, 1961, and the Convention on Consular Relations, 1963.
  • They have been ratified by 187 countries, including South Korea, which means, it is a law under that country’s legal framework and cannot be violated.
  • According to the Vienna Convention on Diplomatic Relations, 1961, the immunity enjoyed by a diplomat posted in the embassy is “inviolable”. The diplomat cannot be arrested or detained and his house will have the same inviolability and protection as the embassy.
  • It is possible for the diplomat’s home country to waive immunity but this can happen only when the individual has committed a ‘serious crime’, unconnected with their diplomatic role or has witnessed such a crime. Alternatively, the home country may prosecute the individual.
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With reference to the diplomatic immunity, consider the following stat...
Statement 1: Diplomatic immunity is granted on the basis of two conventions, popularly called the Vienna Conventions.

The first statement is correct. Diplomatic immunity is granted on the basis of two conventions known as the Vienna Conventions. These conventions are international treaties that define the rights and privileges of diplomats and diplomatic missions. The first Vienna Convention on Diplomatic Relations was adopted in 1961 and the second Vienna Convention on Consular Relations was adopted in 1963. These conventions establish the legal framework for diplomatic relations and ensure that diplomats can carry out their duties without interference.

Statement 2: All United Nations members ratified the Vienna Conventions.

The second statement is incorrect. While most United Nations members have ratified the Vienna Conventions, not all of them have done so. As of now, 191 out of 193 UN member states have ratified the Vienna Convention on Diplomatic Relations, and 179 states have ratified the Vienna Convention on Consular Relations. This means that there are a few UN member states that have not ratified the conventions.

Explanation:

Diplomatic Immunity and the Vienna Conventions:

Diplomatic immunity is a concept that grants certain privileges and immunities to diplomats and their families. It ensures that diplomats can perform their duties without fear of arrest, detention, or prosecution in the host country. Diplomatic immunity is based on the principle of reciprocity, where each country grants similar privileges to the diplomats of other countries.

The Vienna Conventions on Diplomatic and Consular Relations are the primary international treaties that govern diplomatic immunity. The conventions outline the privileges and immunities granted to diplomats, the inviolability of diplomatic premises, and the obligations of host countries towards diplomatic missions.

The Vienna Convention on Diplomatic Relations:

The first Vienna Convention on Diplomatic Relations, adopted in 1961, is the most comprehensive treaty on diplomatic relations. It has been ratified by the majority of UN member states. The convention establishes the rights and immunities of diplomats, such as protection from arrest and detention, inviolability of diplomatic premises, immunity from civil and criminal jurisdiction, and exemption from taxes and customs duties.

The Vienna Convention on Consular Relations:

The second Vienna Convention on Consular Relations, adopted in 1963, governs consular relations between countries. It has also been widely ratified by UN member states. The convention provides similar privileges and immunities to consular officers, who represent their country's interests in the host country and provide assistance to their citizens.

Conclusion:

In conclusion, statement 1 is correct as diplomatic immunity is granted on the basis of two conventions, the Vienna Conventions. However, statement 2 is incorrect as not all United Nations members have ratified the Vienna Conventions. While the majority of UN member states have ratified these conventions, there are a few states that have not done so.
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With reference to the diplomatic immunity, consider the following statements:1. Diplomatic immunity is granted on the basis of two conventions, popularly called the Vienna Conventions.2. All United Nations members ratified the Vienna Conventions.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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