There are actually two international conventions-the Vienna Convention on Diplomatic Relations (1961) and the Vienna Convention on Consular Relations (1963)-and a third set of immunities involved.
The Erick Shcks case is governed by the Vienna Convention on Diplomatic Relations.
Responding to ANI's question as to India's exact position on the Vienna Conventions, MEA spokesman Syed Akbaruddin said: "The Vienna Conventions are global conventions to which all countries are committed.
We understand our obligations and our rights under the Vienna Conventions, and we will implement them fully and also ask for their implementation fully," he added.
Article 29 of the 1961 Vienna Convention which has been given the force of law through the 1972 Act says that "the person of a diplomatic agent shall be inviola-ble.
Immunity under the Vienna Convention, however, does not exempt the diplomat from the jurisdiction of the sending State which means that he can be prosecuted for the crime in question in his own state.
The 1971 IMO Brussels Convention Relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material is specifically addressed to nuclear Transports (17) and exonerates a person otherwise liable for damage if the operator is liable for such damage under either the Paris or Vienna Conventions, or by virtue of a national law governing liability for the damage.
The essence of the Joint Protocol is that the operator of a nuclear installation situated in the territory of a Party to the Vienna Convention shall be liable in accordance with that Convention for nuclear damage suffered in the territory of a Party to both the Paris Convention and the Joint Protocol, and vice versa for the Paris and Vienna Conventions.
Late Thursday night, the ministry issued a statement denouncing China for violating ''inviolable rights granted to foreign missions and diplomats in accordance with the Vienna Convention
on Diplomatic Relations.
It then went on to refer to statements by "American and other diplomats" invoking provisions relating to "A material breach of a treaty" in the Vienna Convention on the Law of Treaties of 1997, of 1971, hereafter referred to as the 1971 Vienna Convention (which, as will become apparent below, not only is the wrong convention - although this really does not matter, as will become apparent - but, more importantly, constitutes a badly flawed understanding of the same provision both in the more relevant convention and in customary international law, which in fact is applicable).
John Carey (in a letter published on 11 February 1998), described as an international lawyer, pointed to the "doubtful relevance" of the Vienna Convention on the Law of Treaties to a Security Council resolution (an argument we will return to) and noted perceptively that termination of the cease-fire "brought back into play Resolution 678" relating to the liberation of Kuwait but questioned whether it would be invoked for such a purpose as "enforcing inspection.
Foreign Office spokesperson Moazam Ali Khan had earlier clarified that all foreign diplomats are extended full courtesies and privileges in accordance with the Vienna Conventions
on diplomatic/consular privileges and immunities.