persona non grata
Under Article 9 of the Vienna Convention on Diplomatic Relations, 1961, the receiving State may at any time, and without explaining its decision, notify the sending State that the head of mission or any member of the diplomatic staff is persona non grata. The sending State must then recall the person or end his functions; if it does not do so within a reasonable time, the receiving State may refuse to recognise him as a member of the mission.
It is the receiving State's main remedy against a diplomat who abuses his position, because diplomatic immunity prevents prosecution. A person may be declared non grata even before arriving. India gives the Convention effect through the Diplomatic Relations (Vienna Convention) Act, 1972.
Example
Since the attaché enjoyed immunity from criminal jurisdiction, the government declared him persona non grata and he left India within 48 hours.
In Indian law
- Article 9, Vienna Convention on Diplomatic Relations, 1961
- Diplomatic Relations (Vienna Convention) Act, 1972
See also
diplomatic immunity · chargé d'affaires · recognition
Read more in the study notes
- Diplomatic envoys and consuls: classes, functions, privileges and immunities (Public International Law)