What is Article 32 of the Vienna Convention on Diplomatic Relations?
Asked by: Mr. Aric Huel Sr. | Last update: February 2, 2026Score: 5/5 (10 votes)
Article 32 of the Vienna Convention on Diplomatic Relations (VCDR) addresses the waiver of immunity from jurisdiction for diplomatic agents, stating that the sending state can waive immunity, such waivers must be express, initiating a lawsuit prevents claiming immunity on counterclaims, and waiving immunity for judgment execution requires a separate waiver. This article provides the mechanism for lifting the broad diplomatic immunity (detailed in Article 31) that protects diplomats from the host country's courts, allowing them to be sued under specific conditions.
What is Article 32 of the Vienna Convention?
Article 32 - Supplementary means of interpretation
leads to a result which is manifestly absurd or unreasonable.
What are the rules of interpretation Article 32 of the Vienna Convention on the law of treaties?
Article 32 VCLT permits as supplementary means of interpretation, not only preparatory work and circumstances of conclusion of the treaty, but indicates by the word ' including ' that, beyond these two means expressly mentioned, other supplementary means may be applied.
What are the articles 31 and 32 of the Vienna Convention on the law of treaties?
1. Articles 31 and 32 of the Vienna Convention on the Law of Treaties set forth, respectively, the general rule of interpretation and the recourse to supplementary means of interpretation. These rules also apply as customary international law.
What is the Vienna Convention in simple words?
The Vienna Convention provides a complete framework for the establishment, maintenance and termination of diplomatic relations on a basis of consent between independent sovereign States.
What Is The Vienna Convention On Diplomatic Relations? - International Policy Zone
Is the United States part of the Vienna Convention?
Is the United States a party to the Vienna Convention on the Law of Treaties? No. The United States signed the treaty on April 24, 1970. The U.S. Senate has not given its advice and consent to the treaty.
Who can claim diplomatic immunity?
Many of these persons may be entitled to some degree of immunity under international law. Some of these persons are members of diplomatic missions, others are assigned to consular posts, and still others are employees of international organizations or members of national missions to such international organizations.
What is Article 32 of the GC IV?
2459 The first sentence of Article 32 affirms an overarching prohibition of 'any measure of such a character as to cause the physical suffering or extermination of protected persons in [the] hands' of a High Contracting Party.
What happens if a treaty violates jus cogens?
If a new peremptory norm of general international law (jus cogens) emerges, any existing treaty which is in conflict with that norm becomes void and terminates. The parties to such a treaty are released from any obligation further to perform the treaty.
What is the primary focus of the Vienna Convention?
The overall objective of the Vienna Convention is to protect human health and the environment against the effects of ozone depletion. As a framework convention, it does not establish any specific controls on ozone-depleting substances (ODSs).
Is the Vienna Convention legally binding?
“In addition, the Court has held that, even though the Vienna Convention does not bind either the Community or all its Member States, a series of provisions in that convention reflect the rules of customary international law which, as such, are binding upon the Community institutions and form part of the Community ...
What is the main reason for the treaty of Vienna?
The primary aim of the 1815's treaty, "Treaty of Vienna" was to reverse a majority of the reforms that took place in Europe after the Napoleonic wars in Napoleon's rule. Other provisions of the treaty included the establishment of a peace strategy for Europe that would last for a long time.
What does it mean to interpret a treaty in good faith?
A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.
What is mentioned in Article 32?
Article 32 grants every individual the right to move the Supreme Court for the enforcement of their fundamental rights. This means that if someone believes their fundamental rights have been violated, they can approach the Supreme Court directly for relief.
What is Article 32 of the basic Law?
Article 32 Hong Kong residents shall have freedom of conscience. Hong Kong residents shall have freedom of religious belief and freedom to preach and to conduct and participate in religious activities in public.
What is the difference between art 32 and 226?
Article 32 provides that in case the fundamental right is violated, the Supreme Court shall act. Article 226 states that High Courts shall have the discretion to decide whether they ought to issue a writ or grant relief.
What is an example of a crime that would violate international law?
International crime refers to acts that occur across national boundaries that violate international law and are typically prosecuted by international tribunals. International crimes include genocide, war crimes, crimes against humanity, and aggression.
What is another word for jus cogens?
Jus cogens, or compelling law, refers to a category of norms that govern customary international law. The Latin term is used interchangeably with the English term “peremptory norm”. Jus cogens norms differ from other norms in two key respects.
Can treaty law supersede the Constitution?
Under our Constitution, treaties become the supreme law of the land. They are, indeed, more supreme than ordinary laws for congressional laws are invalid if they do not conform to the Constitution, whereas treaty law can override the Constitution.
What is the Article 32 regulation?
Article 32 of the General Data Protection Regulation (GDPR) requires Data Controllers and Data Processors to implement technical and organizational measures that ensure a level of data security appropriate for the level of risk presented by processing personal data.In addition, Article 32 specifies that the Data ...
Is article 32 a fundamental right?
Thus, the territorial jurisdiction of the Supreme Court to issue writs is wider than that of a High Court. A remedy under Article 32 is in itself a Fundamental Right and hence Supreme Court cannot refuse to exercise its writ jurisdiction.
Is killing civilians a war crime?
In all situations of armed conflict, the deliberate killing of civilians is a war crime.
What voids diplomatic immunity?
A foreign official's home country may waive immunity and allow prosecution, typically if the official was involved in a serious crime unrelated to their diplomatic role (such as vehicular homicide, as opposed to, for example, allegations of spying).
Can a cop pull over a diplomat?
Yes, police can pull over diplomats for traffic stops, but the outcome differs significantly from a normal citizen; while they might receive citations or warnings and can be prevented from driving if impaired, they generally can't be arrested, detained, or prosecuted for most offenses due to diplomatic immunity, though severe abuse can lead to their driver's license revocation or expulsion from the country, according to this U.S. Department of State source and this county police manual https://cms7files/glenarden/police/Volume%202%20-%20Operations/Diplomats%20or%20Foreign%20Nationals%20Arrest%20or%20Detention%20%E2%80%93%20Chapter%2013.pdf.
What is a blue list diplomat?
Diplomats accredited to the United States and having full diplomatic immunity are listed on the Department of State's Diplomatic List (Blue List).