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Diplomatic envoys and consuls: classes, functions, privileges and immunities

Public International Law · Unit IV · Topic 16 of 22 · 8 min read

The Vienna Convention on Diplomatic Relations, 1961: classes and functions of envoys, persona non grata, the theories of immunity, inviolability of premises, person and bag, immunity from jurisdiction and its exceptions, family members and waiver; consuls under the 1963 Convention with Jadhav; and the diplomat's son problem.

On this page
  1. 1. Diplomatic relations and the agents of international business
  2. 2. Classes of heads of mission
  3. 3. Functions
  4. 4. Theories of diplomatic immunity
  5. 5. Privileges and immunities
  6. 6. Consuls
  7. 7. Distinction between envoys and consuls
  8. 8. Problem: the diplomat's son
  9. How this is examined
Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

The examinable core. “Discuss the privileges and immunities of diplomatic envoys” is set almost every year (January 2026 essay, February 2025 short note). The papers also set a problem on the immunity of a diplomat's family member (August 2024), solved in section 8. Cite the Vienna Convention on Diplomatic Relations, 1961 (VCDR) by Article; it is given force of law in India by the Diplomatic Relations (Vienna Convention) Act, 1972.

1. Diplomatic relations and the agents of international business

States conduct relations through the head of State, the head of government, the foreign minister, permanent diplomatic missions, special missions, consuls and representatives to international organisations. The establishment of diplomatic relations and of permanent missions takes place by mutual consent (VCDR Article 2). The rules were customary for centuries, partly settled at the Congress of Vienna (1815), and codified in the VCDR (adopted 18 April 1961, in force 1964).

2. Classes of heads of mission

Article 14 of the VCDR:

Apart from precedence and etiquette, there is no differentiation between heads of mission by reason of class. A chargé d'affaires ad interim acts temporarily when the post is vacant (Article 19).

Appointment and termination. The sending State must obtain the agrément of the receiving State before appointing a head of mission, and need not be given reasons for refusal (Article 4). The receiving State may at any time, without explanation, declare any member of the mission persona non grata, and the sending State must then recall him or end his functions (Article 9). A mission ends by recall, by a declaration of persona non grata, by a breach of relations, or by war.

3. Functions

Article 3(1): (a) representing the sending State in the receiving State; (b) protecting the interests of the sending State and its nationals, within the limits permitted by international law; (c) negotiating with the government of the receiving State; (d) ascertaining by all lawful means conditions and developments in the receiving State and reporting them; and (e) promoting friendly relations and developing economic, cultural and scientific relations. Article 41: those enjoying immunities must respect the laws of the receiving State and must not interfere in its internal affairs.

4. Theories of diplomatic immunity

5. Privileges and immunities

Inviolability of the mission.

Inviolability of the person. The person of a diplomatic agent is inviolable; he is not liable to any form of arrest or detention, and the receiving State must treat him with due respect and take all appropriate steps to prevent any attack on his person, freedom or dignity (Article 29). His private residence, papers, correspondence and property are likewise inviolable (Article 30).

Immunity from jurisdiction (Article 31).

Waiver (Article 32). Immunity may be waived by the sending State, not by the diplomat; waiver must always be express. If a diplomat himself starts proceedings, he cannot claim immunity for a directly connected counterclaim. Waiver of immunity from jurisdiction does not imply waiver of immunity from execution, for which a separate waiver is needed.

Fiscal and other privileges. Exemption from personal taxes, subject to exceptions such as indirect taxes and charges for services (Article 34); from social security (Article 33); from personal services and military obligations (Article 35); and from customs duties and inspection of personal baggage, unless there are serious grounds for suspecting prohibited articles (Article 36).

Persons entitled (Article 37).

Duration (Article 39): from entry into the territory to take up the post (or notification) until departure; after functions end, immunity continues for acts performed in the exercise of functions.

6. Consuls

Consuls are State agents, not diplomatic representatives; they look after commercial interests and the welfare of nationals. Governed by the Vienna Convention on Consular Relations, 1963 (VCCR). A consul takes up office on the receiving State's exequatur (Article 12). Functions (Article 5): protecting nationals, furthering trade, issuing passports and visas, helping nationals, acting as notary, and assisting ships and aircraft.

7. Distinction between envoys and consuls

8. Problem: the diplomat's son

Z, son of a diplomat, causes the death of H in an accident. He pleads immunity against liability. Decide. (August 2024)

Issue. Whether a member of a diplomat's family is immune from the criminal and civil jurisdiction of the receiving State for causing death in an accident.

Law. Article 37(1) VCDR extends to family members forming part of the diplomat's household, who are not nationals of the receiving State, the privileges and immunities in Articles 29 to 36, including inviolability (Article 29) and immunity from criminal and civil jurisdiction (Article 31). Criminal immunity is complete. A road accident does not fall within the civil exceptions in Article 31(1)(a) to (c). Immunity can be waived only expressly by the sending State (Article 32), and does not exempt him from the jurisdiction of the sending State (Article 31(4)). The duty to respect local laws remains (Article 41).

Application. If Z lives with the diplomat as part of his household and is not a national of the receiving State, he cannot be arrested, prosecuted for causing death by negligence, or sued for damages in the receiving State's courts. If he is a national of the receiving State, or an adult living independently, Article 37(1) does not cover him and he is fully liable.

Conclusion. Z's plea of immunity succeeds if the Article 37(1) conditions are met. But H's family is not without remedy: the receiving State can request waiver from the sending State, declare the diplomat persona non grata (Article 9), press for prosecution in the sending State (Article 31(4)), or pursue compensation through diplomatic channels or the vehicle's compulsory insurance.

How this is examined

For the essay on privileges and immunities: classes (Article 14), functions (Article 3), theories, then inviolability (Articles 22, 24, 27, 29, 30), jurisdiction (Article 31 with the exceptions), waiver (Article 32), fiscal privileges, persons entitled (Article 37), duration (Article 39), and the remedy of persona non grata. Name Tehran Hostages. If consuls are asked about, contrast them with envoys and use Jadhav.

Now try the real questions: Public International Law past question papers.