Annex 1. Vienna Convention on Diplomatic Relations, 18 April 1961
The States Parties to the present Convention,
Recalling that peoples of all nations from ancient times have recognized the status
of diplomatic agents,
Having in mind the purposes and principles of the Charter of the United Nations
concerning the sovereign equality of States, the maintenance of international peace and
security, and the promotion of friendly relations among nations,
Believing that an international convention on diplomatic intercourse, privileges
and immunities would contribute to the development of friendly relations among
nations, irrespective of their differing constitutional and social systems,
Realizing that the purpose of such privileges and immunities is not to benefit
individuals but to ensure the efficient performance of the functions of diplomatic
missions as representing States,
Affirming that the rules of customary international law should continue to govern
questions not expressly regulated by the provisions of the present Convention,
Have agreed as follows:
Article 1
For the purpose of the present Convention, the following expressions shall have the
meanings hereunder assigned to them:
(a) The "head of the mission" is the person charged by the sending State with the
duty of acting in that capacity;
(b) The "members of the mission" are the head of the mission and the members of
the staff of the mission;
(c) The "members of the staff of the mission" are the members of the diplomatic
staff, of the administrative and technical staff and of the service staff of the mission;
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(d) The "members of the diplomatic staff' are the members of the staff of the mission
having diplomatic rank;
(e) A "diplomatic agent" is the head of the mission or a member of the diplomatic
staff of the mission;
(t) The "members of the administrative and technical staff' are the members of the
staff of the mission employed in the administrative and technical service of the
mission;
(g) The "members of the service staff' are the members of the staff of the mission in
the domestic service of the mission;
(h) A "private servant" is a person who is in the domestic service of a member of the
mission and who is not an employee of the sending State;
(i) The "premises of the mission" are the buildings or parts of buildings and the land
ancillary thereto, irrespective of ownership, used for the purposes of the mission
including the residence of the head of the mission.
Article 2
The establishment of diplomatic relations between States, and of permanent
diplomatic missions, takes place by mutual consent.
Article 3
1. The functions of a diplomatic mission consist, inter alia, in:
(a) Representing the sending State in the receiving State;
(b) Protecting in the receiving State the interests of the sending State and of 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 thereon to the Government of the sending State;
(e) Promoting friendly relations between the sending State and the receiving State,
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and developing their economic, cultural and scientific relations.
2. Nothing in the present Convention shall be construed as preventing the
performance of consular functions by a diplomatic mission.
Article 4
1. The sending State must make certain that the agrement of the receiving State
has been given for the person it proposes to accredit as head of the mission to that
State.
2. The receiving State is not obliged to give reasons to the sending State for a
refusal of agrement.
Article 5
1. The sending State may, after it has given due notification to the receiving States
concerned, accredit a head of mission or assign any member of the diplomatic staff, as
the case may be, to more than one State, unless there is express objection by any of the
receiving States.
2. If the sending State accredits a head of mission to one or more other States it
may establish a diplomatic mission headed by a charge d'affaires ad interim in each
State where the head of mission has not his permanent seat.
3.A head of mission or any member of the diplomatic staff of the mission may act
as representative of the sending State to any international organization.
Article 6
Two or more States may accredit the same person as head of mission to another
State, unless objection is offered by the receiving State.
Article 7
Subject to the provisions of articles 5, 8, 9 and 11, the sending State may freely
appoint the members of the staff of the mission. In the case of military, naval or air
attaches, the receiving State may require their names to be submitted beforehand, for
its approval.
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Article 8
1. Members of the diplomatic staff of the mission should in principle be of the
nationality of the sending State.
2. Members of the diplomatic staff of the mission may not be appointed from
among persons having the nationality of the receiving State, except with the consent
of that State which may be withdrawn at any time.
3. The receiving State may reserve the same right with regard to nationals of a
third State who are not also nationals of the sending State.
Article 9
1. The receiving State may at any time and without having to explain its decision,
notify the sending State that the head of the mission or any member of the diplomatic
staff of the mission is persona non-grata or that any other member of the staff of the
mission is not acceptable. In any such case, the sending State shall, as appropriate,
either recall the person concerned or terminate his functions with the mission. A person
may be declared non-grata or not acceptable before arriving in the territory of the
receiving State.
2. If the sending State refuses or fails within a reasonable period to carry out its
obligations under paragraph 1 of this article, the receiving State may refuse to
recognize the person concerned as a member of the mission.
Article JO
1. The Ministry for Foreign Affairs of the receiving State, or such other ministry
as may be agreed, shall be notified of:
(a) The appointment of members of the mission, their arrival and their final
departure or the termination of their functions with the mission;
(b) The arrival and final departure of a person belonging to the family of a member
of the mission and, where appropriate, the fact that a person becomes or ceases to be
a member of the family of a member of the mission;
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(c) The arrival and final departure of private servants in the employ of persons
referred to in subparagraph (a) of this paragraph and, where appropriate, the fact that
they are leaving the employ of such persons;
(d) The engagement and discharge of persons resident in the receiving State as
members of the mission or private servants entitled to privileges and immunities.
2. Where possible, prior notification of arrival and final departure shall also be
given.
Article 11
1. In the absence of specific agreement as to the size of the mission, the receiving
State may require that the size of a mission be kept within limits considered by it to be
reasonable and normal, having regard to circumstances and conditions in the receiving
State and to the needs of the particular mission.
2. The receiving State may equally, within similar bounds and on a nondiscriminatory
basis, refuse to accept officials of a particular category.
Article 12
The sending State may not, without the prior express consent of the receiving
State, establish offices forming part of the mission in localities other than those in
which the mission itself is established.
Article 13
1. The head of the mission is considered as having taken up his functions in the
receiving State either when he has presented his credentials or when he has notified
his arrival and a true copy of his credentials has been presented to the Ministry for
Foreign Affairs of the receiving State, or such other ministry as may be agreed, in
accordance with the practice prevailing in the receiving State which shall be applied
in a uniform manner.
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2. The order of presentation of credentials or of a true copy thereof will be
determined by the date and time of the arrival of the head of the mission.
Article 14
1. Heads of mission are divided into three classes, namely:
(a) That of ambassadors or nuncios accredited to Heads of State, and other heads of
mission of equivalent rank;
(b) That of envoys, ministers and internuncios accredited to Heads of State;
(c) That of charges d'affaires accredited to Ministers for Foreign Affairs.
2. Except as concerns precedence and etiquette, there shall be no differentiation
between heads of mission by reason of their class.
Article 15
The class to which the heads of their missions are to be assigned shall be agreed
between States.
Article 16
1. Heads of mission shall take precedence in their respective classes in the order
of the date and time of taking up their functions in accordance with article 13.
2. Alterations in the credentials of a head of mission not involving any change of
class shall not affect his precedence.
3. This article is without prejudice to any practice accepted by the receiving State
regarding the precedence of the representative of the Holy See.
Article 17
The precedence of the members of the diplomatic staff of the mission shall be
notified by the head of the mission to the Ministry for Foreign Affairs or such
other ministry as may be agreed.
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Article 18
The procedure to be observed in each State for the reception of heads of
mission shall be uniform in respect of each class.
Article 19
1. Ifthe post of head of the mission is vacant, or if the head of the mission is unable
to perform his functions a charge d'affaires ad interim shall act provisionally as head
of the mission. The name of the charge d' affaires ad interim shall be notified, either
by the head of the mission or, in case he is unable to do so, by the Ministry for Foreign
Affairs of the sending State to the Ministry for Foreign Affairs of the receiving State
or such other ministry as may be agreed.
2. In cases where no member of the diplomatic staff of the mission is present in
the receiving State, a member of the administrative and technical staff may, with the
consent of the receiving State, be designated by the sending State to be in charge of
the current administrative affairs of the mission.
Article 20
The mission and its head shall have the right to use the flag and emblem of the
sending State on the premises of the mission, including the residence of the head of
the mission, and on his means of transport.
Article 21
1. The receiving State shall either facilitate the acquisition on its territory, in
accordance with its laws, by the sending State of premises necessary for its mission or
assist the latter in obtaining accommodation in some other way.
2. It shall also, where necessary, assist missions in obtaining suitable
accommodation for their members.
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Article 22
1. The premises of the mission shall be inviolable. The agents of the receiving
State may not enter them, except with the consent of the head of the mission.
2. The receiving State is under a special duty to take all appropriate steps to protect
the premises of the mission against any intrusion or damage and to prevent any
disturbance of the peace of the mission or impairment of its dignity.
3. The premises of the mission, their furnishings and other property thereon and
the means of transport of the mission shall be immune from search, requisition,
attachment or execution.
Article 23
1. The sending State and the head of the mission shall be exempt from all national,
regional or municipal dues and taxes in respect of the premises of the mission, whether
owned or leased, other than such as represent payment for specific services rendered.
The exemption from taxation referred to in this article shall not apply to such dues and
taxes payable under the law of the receiving State by persons contracting with the
sending State or the head of the mission.
be.
Article 24
The archives and documents of the mission shall be inviolable at any time and
wherever they may
Article 25
The receiving State shall accord full facilities for the performance of the functions
of the mission.
Article 26
Subject to its laws and regulations concerning zones entry into which is
prohibited or regulated for reasons of national security, the receiving State shall ensure
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to all members of the mission freedom of movement and travel in its territory.
Article 27
1. The receiving State shall permit and protect free communication on the part of
the mission for all official purposes. In communicating with the Government and the
other missions and consulates of the sending State, wherever situated, the mission may
employ all appropriate means, including diplomatic couriers and messages in code or
cipher. However, the mission may install and use a wireless transmitter only with the
consent of the receiving State.
2. The official correspondence of the mission shall be inviolable. Official
correspondence means all correspondence relating to the mission and its functions.
3. The diplomatic bag shall not be opened or detained.
4. The packages constituting the diplomatic bag must bear visible external marks
of their character and may contain only diplomatic documents or articles intended for
official use.
s. The diplomatic courier, who shall be provided with an official document
indicating his status and the number of packages constituting the diplomatic bag, shall
be protected by the receiving State in the performance of his functions. He shall enjoy
person inviolability and shall not be liable to any form of arrest or detention.
6. The sending State or the mission may designate diplomatic couriers ad hoc. In
such cases the provisions of paragraph 5 of this article shall also apply, except that the
immunities therein mentioned shall cease to apply when such a courier has delivered
to the consignee the diplomatic bag in his charge.
7. A diplomatic bag may be entrusted to the captain of a commercial aircraft
scheduled to land at an authorized port of entry. He shall be provided with an official
document indicating the number of packages constituting the bag but he shall not be
considered to be a diplomatic courier. The mission may send one of its members to
take possession of the diplomatic bag directly and freely from the captain of the
aircraft.
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Article 28
The fees and charges levied by the mission in the course of its official duties shall
be exempt from all dues and taxes.
Article 29
The person of a diplomatic agent shall be inviolable. He shall not be liable to
any form of arrest or detention. The receiving State shall treat him with due respect
and shall take all appropriate steps to prevent any attack on his person, freedom or
dignity.
Article 30
1. The private residence of a diplomatic agent shall enjoy the same inviolability
and protection as the premises of the mission.
2. His papers, correspondence and, except as provided in paragraph 3 of article
31, his property, shall likewise enjoy inviolability.
Article 31
1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the
receiving State. He shall also enjoy immunity from its civil and administrative
jurisdiction, except in the case of:
(a) A real action relating to private immovable property situated in the territory of
the receiving State, unless he holds it on behalf of the sending State for the purposes
of the mission;
(b) An action relating to succession in which the diplomatic agent is involved as
executor, administrator, heir or legatee as a private person and not on behalf of the
sending State;
(c) An action relating to any professional or commercial activity exercised by the
diplomatic agent in the receiving State outside his official functions.
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2. A diplomatic agent is not obliged to give evidence as a witness.
3. No measures of execution may be taken in respect of a diplomatic agent except
in the cases coming under subparagraphs (a), (b) and (c) of paragraph 1 of this article,
and provided that the measures concerned can be taken without infringing the
inviolability of his person or of his residence.
4. The immunity of a diplomatic agent from the jurisdiction of the receiving State
does not exempt him from the jurisdiction of the sending State.
Article 32
1. The immunity from jurisdiction of diplomatic agents and of persons enjoying
immunity under article 37 may be waived by the sending State.
2. Waiver must always be express.
3. The initiation of proceedings by a diplomatic agent or by a person enjoying
immunity from jurisdiction under article 3 7 shall preclude him from invoking
immunity from jurisdiction in respect of any counterclaim directly connected with the
principal claim.
4. Waiver of immunity from jurisdiction in respect of civil or administrative
proceedings shall not be held to imply waiver of immunity in respect of the execution
of the judgement, for which a separate waiver shall be necessary.
Article 33
1. Subject to the provisions of paragraph 3 of this article, a diplomatic agent shall
with respect to services rendered for the sending State be exempt from social security
provisions which may be in force in the receiving State.
2. The exemption provided for in paragraph 1 of this article shall also apply to
private servants who are in the sole employ of a diplomatic agent, on condition:
(a) That they are not nationals of or permanently resident in the receiving State; and
(b) That they are covered by the social security provisions which may be in force in
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the sending State or a third State.
3. A diplomatic agent who employs persons to whom the exemption provided for
in paragraph 2 of this article does not apply shall observe the obligations which the
social security provisions of the receiving State impose upon employers.
4. The exemption provided for in paragraphs 1 and 2 of this article shall not
preclude voluntary participation in the social security system of the receiving State
provided that such participation is permitted by that State.
s. The provisions of this article shall not affect bilateral or multilateral agreements
concerning social security concluded previously and shall not prevent the conclusion
of such agreements in the future.
Article 34
A diplomatic agent shall be exempt from all dues and taxes, personal or real,
national, regional or municipal, except:
(a) Indirect taxes of a kind which are normally incorporated in the price of goods or
services;
(b) Dues and taxes on private immovable property situated in the territory of the
receiving State, unless he holds it on behalf of the sending State for the purposes of
the mission;
(c) Estate, succession or inheritance duties levied by the receiving State, subject to
the provisions of paragraph 4 of article 39;
(d) Dues and taxes on private income having its source in the receiving State and
capital taxes on investments made in commercial undertakings in the receiving State;
(e) Charges levied for specific services rendered;
(f) Registration, court or record fees, mortgage dues and stamp duty, with respect to
immovable property, subject to the provisions of article 23.
Article 35
The receiving State shall exempt diplomatic agents from all personal services,
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from all public service of any kind whatsoever, and from military obligations such as
those connected with requisitioning, military contributions and billeting.
Article 36
1. The receiving State shall, in accordance with such laws and regulations as it
may adopt, permit entry of and grant exemption from all customs duties, taxes, and
related charges other than charges for storage, cartage and similar services, on:
(a) Articles for the official use of the mission;
(b) Articles for the personal use of a diplomatic agent or members of his family
forming part of his household, including articles intended for his establishment.
2. The personal baggage of a diplomatic agent shall be exempt from inspection,
unless there are serious grounds for presuming that it contains articles not covered by
the exemptions mentioned in paragraph 1 of this article, or articles the import or export
of which is prohibited by the law or controlled by the quarantine regulations of the
receiving State. Such inspection shall be conducted only in the presence of the
diplomatic agent or of his authorized representative.
Article 37
1. The members of the family of a diplomatic agent forming part of his household
shall, if they are not nationals of the receiving State, enjoy the privileges and
immunities specified in articles 29 to 36.
2. Members of the administrative and technical staff of the mission, together with
members of their families forming part of their respective households, shall, if they are
not nationals of or permanently resident in the receiving State, enjoy the privileges and
immunities specified in articles 29 to 35, except that the immunity from civil and
administrative jurisdiction of the receiving State specified in paragraph 1 of article 31
shall not extend to acts performed outside the course of their duties. They shall also
enjoy the privileges specified in article 36, paragraph 1, in respect of articles imported
at the time of first installation.
3. Members of the service staff of the mission who are not nationals of or
permanently resident in the receiving State shall enjoy immunity in respect of acts
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performed in the course of their duties, exemption from dues and taxes on the
emoluments they receive by reason of their employment and the exemption contained
in article 33.
4. Private servants of members of the mission shall, if they are not nationals of or
permanently resident in the receiving State, be exempt from dues and taxes on the
emoluments they receive by reason of their employment. In other respects, they may
enjoy privileges and immunities only to the extent admitted by the receiving State.
However, the receiving State must exercise its jurisdiction over those persons in such
a manner as not to interfere unduly with the performance of the functions of the
mission.
Article 38
1. Except insofar as additional privileges and immunities may be granted by the
receiving State, a diplomatic agent who is a national of or permanently resident in that
State shall enjoy only immunity from jurisdiction, and inviolability, in respect of
official acts performed in the exercise of his functions.
2. Other members of the staff of the mission and private servants who are nationals
of or permanently resident in the receiving State shall enjoy privileges and immunities
only to the extent admitted by the receiving State. However, the receiving State must
exercise its jurisdiction over those persons in such a manner as not to interfere unduly
with the performance of the functions of the mission.
Article 39
1. Every person entitled to privileges and immunities shall enjoy them from the
moment he enters the territory of the receiving State on proceeding to take up his post
or, if already in its territory, from the moment when his appointment is notified to the
Ministry for Foreign Affairs or such other ministry as may be agreed.
2. When the functions of a person enjoying privileges and immunities have come
to an end, such privileges and immunities shall normally cease at the moment when he
leaves the country, or on expiry of a reasonable period in which to do so, but shall
subsist until that time, even in case of armed conflict. However, with respect to acts
performed by such a person in the exercise of his functions as a member of the mission,
immunity shall continue to subsist.
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3. In case of the death of a member of the mission, the members of his family shall
continue to enjoy the privileges and immunities to which they are entitled until the
expiry of a reasonable period in which to leave the country.
4. In the event of the death of a member of the mission not a national of or
permanently resident in the receiving State or a member of his family forming part of
his household, the receiving State shall permit the withdrawal of the movable
property of the deceased, with the exception of any property acquired in the country
the export of which was prohibited at the time of his death. Estate, succession and
inheritance duties shall not be levied on movable property the presence of which in the
receiving State was due solely to the presence there of the deceased as a member of
the mission or as a member of the family of a member of the mission.
Article 40
1. If a diplomatic agent passes through or is in the territory of a third State, which
has granted him a passport visa if such visa was necessary, while proceeding to take
up or to return to his post, or when returning to his own country, the third State shall
accord him inviolability and such other immunities as may be required to ensure his
transit or return. The same shall apply in the case of any members of his family
enjoying privileges or immunities who are accompanying the diplomatic agent, or
travelling separately to join him or to return to their country.
2. In circumstances similar to those specified in paragraph 1 of this article, third
States shall not hinder the passage of members of the administrative and technical or
service staff of a mission, and of members of their families, through their territories.
3. Third States shall accord to official correspondence and other official
communications in transit, including messages in code or cipher, the same freedom
and protection as is accorded by the receiving State. They shall accord to diplomatic
couriers, who have been granted a passport visa if such visa was necessary, and
diplomatic bags in transit, the same inviolability and protection as the receiving State
is bound to accord.
4. The obligations of third States under paragraphs 1, 2 and 3 of this article shall
also apply to the persons mentioned respectively in those paragraphs, and to official
communications and diplomatic bags, whose presence in the territory of the third State
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is due to force majeure.
Article 41
1. Without prejudice to their privileges and immunities, it is the duty of all persons
enjoying such privileges and immunities to respect the laws and regulations of the
receiving State. They also have a duty not to interfere in the internal affairs of that
State.
2. All official business with the receiving State entrusted to the mission by the
sending State shall be conducted with or through the Ministry for Foreign Affairs of
the receiving State or such other ministry as may be agreed.
3. The premises of the mission must not be used in any manner incompatible with
the functions of the mission as laid down in the present Convention or by other rules
of general international law or by any special agreements in force between the sending
and the receiving State.
Article 42
A diplomatic agent shall not in the receiving State practise for personal profit any
professional or commercial activity.
Article 43
The function of a diplomatic agent comes to an end, inter alia:
(a) On notification by the sending State to the receiving State that the function of the
diplomatic agent has come to an end;
(b) On notification by the receiving State to the sending State that, in accordance
with paragraph 2 of article 9, it refuses to recognize the diplomatic agent as a member
of the mission.
Article 44
The receiving State must, even in case of armed conflict, grant facilities in order
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to enable persons enjoying privileges and immunities, other than nationals of the
receiving State, and members of the families of such persons irrespective of their
nationality, to leave at the earliest possible moment. It must, in particular, in case of
need, place at their disposal the necessary means of transport for themselves and their
property.
Article 45
If diplomatic relations are broken off between two States, or if a mission is
permanently or temporarily recalled:
(a) The receiving State must, even in case of armed conflict, respect and protect the
premises of the mission, together with its property and archives;
(b) The sending State may entrust the custody of the premises of the mission,
together with its property and archives, to a third State acceptable to the receiving
State;
(c) The sending State may entrust the protection of its interests and those of its
nationals to a third State acceptable to the receiving State.
Article 46
A sending State may with the prior consent of a receiving State, and at the request
of a third State not represented in the receiving State, undertake the temporary
protection of the interests of the third State and of its nationals.Article 47
1. In the application of the provisions of the present Convention, the receiving
State shall not discriminate as between States.
2. However, discrimination shall not be regarded as taking place:
(a) Where the receiving State applies any of the provisions of the present Convention
restrictively because of a restrictive application of that provision to its mission in the
sending State;
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(b) Where by custom or agreement States extend to each other more favourable
treatment than is required by the provisions of the present Convention.
Article 48
The present Convention shall be open for signature by all States Members of the
United Nations or of any of the specialized agencies Parties to the Statute of the
International Court of Justice, and by any other State invited by the General
Assembly of the United Nations to become a Party to the Convention, as follows:
until 31 October 1961 at the Federal Ministry for Foreign Affairs of Austria and
subsequently, until 31 March 1962, atthe United Nations Headquarters in New York.
Article 49
The present Convention is subject to ratification. The instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
Article 50
The present Convention shall remain open for accession by any State belonging to
any of the four categories mentioned in article 48. The instruments of accession shall be
deposited with the Secretary- General of the United Nations.
Article 51
1. The present Convention shall enter into force on the thirtieth day following the
date of deposit of the twenty-second instrument of ratification or accession with the
Secretary-General of the United Nations.
2. For each State ratifying or acceding to the Convention after the deposit of the
twenty-second instrument of ratification or accession, the Convention shall enter into
force on the thirtieth day after deposit by such State of its instrument of ratification or
accession.
Article 52
The Secretary-General of the United Nations shall inform all States belonging to
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any of the four categories mentioned in article 48:
(a) Of signatures to the present Convention and of the deposit of instruments of
ratification or accession, in accordance with articles 48, 49 and 50;
(b) Of the date on which the present Convention will enter into force, in accordance
with article 51.
Article 53
The original of the present Convention, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the SecretaryGeneral
of the United Nations, who shall send certified copies thereof to all States
belonging to any of the four categories mentioned in article 48.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly
authorized thereto by their respective Governments, have signed the present Convention.
DONE at Vienna this eighteenth day of April one thousand nine hundred and sixtyone.
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Annex 2. Optional Protocol to the Vienna Convention on Diplomatic Relations,
concerning the Compulsory Settlement of Disputes, 18 April 1961
VIENNA CONVENTION ON DIPLOMATIC RELATIONS
OPTIONAL PROTOCOL CONCERNING THE COMPULSORY SETTLEMENT OF DISPUTES
The States Parties to the present Protocol and to.the Vienna
Convention on Diplomatic Relations, hereinafter referred to ae t•the
Convention", adopted by the United Nations Conference held at Vienna
from 2 Karch to 14 April 1961,
Expressing their wish to resort in all matters concerning them in
respect of any dispute arising out of the interpretation or application
of the Convention to the compulsory jurisdiction of the International
Court of Justice, unless some other form of settlement bas been agreed
upon by the parties within a reasonable period,
Have agreed as followss
Article I
Disputes arising out of the interpretation or application of the
Convention shall lie within the compulsory jurisdiction of the
International Court of Justice and may accordingly be brought before the
Court by an application made by any party to the dispute being a Party
to the present Protocol.
Article II
The parties may agree, within a period of two months after one party
has notified its opinion to the other that a dispute exists, to resort
not to the International Court of Justice but to an arbitral tribunal.
After the expiry of the said period, either party ~a;y bring the dispute
before the Court by an application.
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Article III
l. Within the same period of two months, the parties may agree to
adopt a conciliation procedure before resorting to the International
Court of Justice.
2. Tae conciliation commission shall make its recommendations within
five months after its appointment. If its recommendations are not
accepted by the parties to the dispute within two months after they have
been delivered, either party may bring the dispute before the Court by
an application.
Article IV
States Parties to the Convention, to the Optional Frotocol
concerning Acquisition of Nationality, and to the present Protocol may
at any time declare they they will eitend the provisions of the present
Protocol to disputes arising out of the interpretation or application of
the Optional Protocol concerning Acquisition of Nationality. Sucb
declarations shall be notified to the Secretary-Oeneral of the United
Nations.
Article V
The present Protocol shall be open for signature by all States
which may become Parties to the Con~ention, as follows• until
31 October 1961 at the Federal Ministry for Foreign Affairs of Austria
and subsequently, until 31 March 1962, at the United Nations
Headquarters in New York.
Article VI
The present Protocol is subject to ratification. The instruments
of ratification shall be deposited with the Secre~ary-General of the
United Nations.
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Article VII
The present Protocol shall remain open for accession by all States
•hich may became Parties to the Convention. The instruments of
accession shall be deposited nth the Secretary-General of the United
Nations.
Article VIII
1. The present Protocol shall enter into force on the same d&3 as the
Con~ention or on the thirtieth day following the date of deposit of the
second instrument of ratification or accession to the Protocol •ith the
Secretary-General of the United Nations, whichever day is the later.
2. For each State ratifying or acceding to the present Protocol after
its Rntry into force in accordance with paragraph l of this Article 1 the
Protocol shall enter into force on the thirtieth day after deposit by
s•1oh State of its instrument of ratification or accession.
Article IX
The Secretary-General of the United Nations shall inform all
States which may become Parties to the Conventions
(!) of signatures to the present Protocol and of the deposit
of instruments of ratification or accession, in accordance
with Articles V1 VI and VII;
(~) of declarations made in accordance with Article IV of the
present Protocol;
(.!!) of the date on ~ich the present Protocol will enter into
force, in accordance with Article VIII.
36
Article (
The original of the present Protocol, of which tbe Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations, who shall
send certified copiee thereof to all States referred to in Article V.
IN WITNESS ~~EREOF the undersigned Plenirotentiaries, being duly
authorized thereto by iheir respective Oovernments, have signed the
present Frotocol.
DONE AT VIENNA, this eighteenth day of April one thousand nine
hundred and sixty-one.
37
Annex 3. Note Verbale of the Ministry of Foreign Affairs of the State of Palestine
addressed to the Department of State of the United States of America, 14 May 2018
State of Palestine
Ministry of Foreign Affairs and Expatriates
Ref: l\L\-201805-MO002
The l\linistry of foreign Affairs and Expatriates of the State of Palestine presents its compliments to
the State Department of the United States of America.
Concerning the relocation of the Unired States embassy in Israel to Jerusalem, it has the honor to
inform the State Department of its position rhat the Vienna Convention on Diplomatic Relations of 18 April
1961, of which both the United States and the State of Palestine are contracting parties, lirnirs the right of the
sending State to establish its diplomatic missions in the territ01y of the receiving State.
As far as the relocation of the United States embassy to Jernsalem is concerned, Security Council
resolution 476 (1980), recently reaffirmed by Security Council resolution 2334 (2016), decided not to recognize
any action that seeks to alter the character and status of.Jerusalem and, in line 'w"1th the Vienna Convention on
Diplomatic Relations, specifically called upon all Stares "tl1ar have established diplomatic missions at Jerusalem
to \,1.thdraw such missions from the Holy City". Additionally, the tenth Emergency Special Session of the
General Assembly recently adopted resolution ES-10 / 19 in which it had in tl,e same vein called for "compliance
wirh relevant resolutions of the Secui-ity Council" concerning Jerusalem, and had in this regard requested "all
States to refrain from the establishment of diplomatic missions in the Holy City of Jerusalem, pursuant to
Council resolution 478 (1980)."
The Ministry of Foreign Affairs and Expatriates of the State of Palestine therefore believes that any
srep taken by the United States to relocate its embassy to Jerusalem constimtes a violation of the
aforementioned Vienna Convention on Diplomatic Relations read in conjunction with relevant Unired Nations
resolutions. The l'vlinistt-y of Fore¼,on Affairs and Expatriates of tl1e State of Palestine therefore wishes to be
informed as soon as possible about the steps tl1e United States is considering to ensure its actions are in line
with the Vienna Convention on Diplomatic Relations.
111e l\1inisrry of Foreign Affairs and Expatriates of the State of Palestine avails itself of
to rene\v to the State Department of rhe United States the assurances of its highest considerati
United States Department of State
\Vashington D.C
l'.S.A (
nity
38
Annex 4. Note Verbale of the Ministry of Foreign Affairs of the State of Palestine
addressed to the Department of State of the United States of America, 4 July 2018
U) ///#/
Ref: MA-201807-M0006
~
State of Palestine
Ministry of Foreign Affairs and Expatriates
Minister
The Ministry of Foreign Affairs and Expatriates of the State of Palestine presents its
compliments to the State Department of the United States of America.
The Ministry of Foreign Affairs and Expatriates has the honour to reiterate its position
communicated to the Department of State in its Note Verbale dated 14 May 2018, numbered
MA-201805-MO002, that the relocation of the United States embassy in Israel to Jerusalem
constitutes a violation of the Vienna Convention on Diplomatic Relations of 18 April 1961
(read in conjunction with relevant UN resolutions), to which both, the United States of
America and the State of Palestine are contracting parties.
As already indicated in the above-mentioned Note Verbale, the Security Council, in
Resolution 476 (1980), and most recently reaffirmed in Resolution 2334 (2016), declared that
"all legislative and administrative measures and actions taken by Israel, the occupying Power,
which purport to alter the character and status of the Holy City of Jerusalem have no legal
validity". Specifically, Security Council Resolution 478 (1980) called upon all States "that have
established diplomatic missions at Jerusalem to withdraw such missions from the Holy City",
and was recently reiterated by the General Assembly of the United Nations in its Resolution
ES-10/19.
Not having been informed, as requested in the aforementioned Note Verbale, of any steps
taken by the United States to ensure that its actions have been brought in line with the Vienna
Convention on Diplomatic Relations, the Ministry of Foreign Affairs and Expatriates of the
State of Palestine wishes to hereby notify the State Department of the United States of
America of the existence of a dispute, pursuant to Articles I and II of the 'Optional Protocol of
18 April 1961 concerning the Compulsory Settlement of Disputes arising out of the
interpretation or application of the Vienna Convention on Diplomatic Relations', to which
both, the United States of America and the State of Palestine are contracting parties.
The Ministry of Foreign Affairs and Expatriates of the State of Palestine avails itself of this
opportunity to renew to the State Department of the United States of America the assurances
of its highest consideration.
United States of America Department of State
Washington D.C
U.S.A
Ramallah, July 04th 2018
39
Annex 5. Declaration recognizing the Competence of the International Court of Justice, 4
July 2018
State of Palestine
Ministry of Foreign Affairs and Expatriates
Minister
Rarnallah, July 04th 2018
Declaration Recognizing the Competence of the International Court of Justice
Optional Protocol to the Vienna Convention on Diplomatic Relations Concerning the
Compulsory Settlement of Disputes
Pursuant to Security Council Resolution 9 (1946) of 15 October 1946, which provides the
conditions under which the Court shall be open to States not parties to the Statute of the
International Court of Justice, adopted by virtue of its powers under Article 35 (2) of the
Statute of International Court of Justice, the State of Palestine hereby declares that it accepts
with immediate effect the competence of the International Court of Justice for the settlement of
all disputes that may arise or that have already arisen covered by Article I of the Optional
Protocol to the Vienna Convention on Diplomatic Relations Concerning the Compulsory
Settlement of Disputes (1961), to which the State of Palestine acceded on 22 March 2018.
In doing so, the State of Palestine declares that it accepts all the obligations of a Member of the
United Nations under Article 94 of the Charter of the United Nations.
40
Annex 6. Presidential Proclamation Recognizing Jerusalem as the Capital of the State of
Israel and Relocating the United States Embassy to Israel to Jerusalem, 6 December 2017
https :/ /www.whitehouse.gov/pres idential-actions/presidential-proc lamation-recognizingjerusalem-
cap ital-state-israe l-re locating-united-states-embassy-israe l-jerusalem/
By the President of the United States of America
A Proclamation
The foreign policy of the United States is grounded in principled realism, which
begins with an honest acknowledgment of plain facts. With respect to the State of
Israel, that requires officially recognizing Jerusalem as its capital and relocating the
United States Embassy to Israel to Jerusalem as soon as practicable.
The Congress, since the Jerusalem Embassy Act of 1995 (Public Law 104-45) (the
"Act"), has urged the United States to recognize Jerusalem as Israel's capital and to
relocate our Embassy to Israel to that city. The United States Senate reaffirmed the
Act in a unanimous vote on June 5, 2017.
Now, 22 years after the Act's passage, I have determined that it is time for the United
States to officially recognize Jerusalem as the capital of Israel. This long overdue
recognition of reality is in the best interests of both the United States and the pursuit
of peace between Israel and the Palestinians.
Seventy years ago, the United States, under President Truman, recognized the State
of Israel. Since then, the State of Israel has made its capital in Jerusalem - the
capital the Jewish people established in ancient times. Today, Jerusalem is the seat
of Israel's government - the home of Israel's parliament, the Knesset; its Supreme
Court; the residences of its Prime Minister and President; and the headquarters of
many ofits government ministries. Jerusalem is where officials of the United States,
including the President, meet their Israeli counterparts. It is therefore appropriate for
the United States to recognize Jerusalem as Israel's capital.
I have also determined that the United States will relocate our Embassy to Israel from
Tel Aviv to Jerusalem. This action is consistent with the will of the Congress, as
expressed in the Act.
Today's actions - recognizing Jerusalem as Israel's capital and announcing the
relocation of our embassy - do not reflect a departure from the strong commitment
of the United States to facilitating a lasting peace agreement. The United States
continues to take no position on any final status issues. The specific boundaries of
41
Israeli sovereignty in Jerusalem are subject to final status negotiations between the
parties. The United States is not taking a position on boundaries or borders.
Above all, our greatest hope is for peace, including through a two-state solution, if
agreed to by both sides. Peace is never beyond the grasp of those who are willing to
reach for it. In the meantime, the United States continues to support the status quo
at Jerusalem's holy sites, including at the Temple Mount, also known as Haram al
Sharif. Jerusalem is today - and must remain - a place where Jews pray at the
Western Wall, where Christians walk the Stations of the Cross, and where Muslims
worship at Al-Aqsa Mosque.
With today's decision, my Administration reaffirms its longstanding commitment to
building a future of peace and security in the Middle East. It is time for all civilized
nations and people to respond to disagreement with reasoned debate - not senseless
violence - and for young and moderate voices across the Middle East to claim for
themselves a bright and beautiful future. Today, let us rededicate ourselves to a path
of mutual understanding and respect, rethinking old assumptions and opening our
hearts and minds to new possibilities. I ask the leaders of the Middle East-political
and religious; Israeli and Palestinian; and Jewish, Christian, and Muslim - to join
us in this noble quest for lasting peace.
Now, Therefore, I, Donald J. Trump, President of the United States of America, by
virtue of the authority vested in me by the Constitution and the laws of the United
States, do hereby proclaim that the United States recognizes Jerusalem as the capital
of the State oflsrael and that the United States Embassy to Israel will be relocated to
Jerusalem as soon as practicable.
IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of December,
in the year of our Lord two thousand seventeen, and of the Independence of the
United States of America the two hundred and forty-second.
DONALD J. TRUMP
42
Annexes