CHAPTER 3: INSIDE THE BLACK BOX

International Diplomatic Law

1961 Vienna Convention on Diplomatic Relations, codifies centuries of custom related to how states are to treat each other and their emissaries. The Vienna Convention recognizes and

reaffirms the age old principles of the independence and sovereignty of states and codifies others as well.

One principle is diplomatic recognition where states formally acknowledge each other by establishing embassies and consulates in each other’s territory and accepting the credentials of their representatives.

International Diplomatic Law The principle of diplomatic immunity

affords diplomats special protection while conducting relations abroad. Diplomatic immunity is necessary for state

representatives to conduct often tense negotiations or deliver unpopular messages.

A state can also declare a diplomat persona non grata (PNG) for any reason and require that individual to leave the country.

International Diplomatic Law cont’d. The Ministry of Foreign Affairs (MFA)

performs many roles including staffing and supporting missions abroad, dealing with foreign diplomats at home, and public diplomacy. States call their MFAs by different names,

such as Department of State (the US), Ministry of External Affairs (India) or the Foreign and Commonwealth Office (The United Kingdom), but they all are generally responsible for maintaining diplomatic relations with other states and IGOs

The Foreign Minister or Secretary

The Foreign Minister reports to the head of state and is the public face of a state’s day-to-day diplomacy. The extent to which human rights and

humanitarian affairs are priorities depends on the person and their boss (ex. Lloyd Axworthy, Madeleine Albright).

The Ministry of Foreign Affairs and Human Rights and Humanitarian Diplomacy

The MFA at home and its missions abroad are quite different. The MFA at home has a great deal responsibility for

contributing to, formulating, and executing government policy. This includes interacting with the domestic actors such as legislatures, courts, and the military.

US State Department officials routinely testify before the US Congress on human rights and humanitarian issues.

The US Department of State also participates in human rights litigation, either by filing or signing onto amicus curiae briefs in domestic and international courts. The department’s Office of Global Criminal Justice coordinates the

US government’s position on current international criminal cases involving genocide, war crimes, and crimes against humanity.

The Ministry of Foreign Affairs and Human Rights and Humanitarian Diplomacy cont’d.

The testimony by State Department officials before Congress involves briefing committee and subcommittee members about human rights and humanitarian situations, as well as providing country-specific information as required by US law. State Dept. also participates in human rights litigation,

either by filing or signing onto amicus curiae briefs in domestic and international courts.

The department’s Office of Global Criminal Justice coordinates the US government’s position on current international criminal cases involving genocide, war crimes, and crimes against humanity.

The military also participates in human rights and humanitarian diplomacy through a number of programs (i.e. Denton Program).

The Ministry of Foreign Affairs and Human Rights and Humanitarian Diplomacy cont’d.

The public diplomacy relating to human rights involves creating and maintaining a significant web presence, press releases, media packets, webcasts, and the creation and dissemination of human rights country reports.

The Ministry of Foreign Affairs and Human Rights and Humanitarian Diplomacy cont’d.

Human rights reports are often a point of diplomatic contention as many states do not appreciate having the human rights records scrutinized and criticized.

The European Union issues the EU Annual Report on Human Rights and Democracy.

The Ministry of Foreign Affairs and Human Rights and Humanitarian Diplomacy cont’d.

Bilaterally, the MFA may pursue human rights or humanitarian principles through démarches, which are official government diplomatic positions of protests delivered by one government to another through the MFA. The level of the démarche may vary, but diplomatic

custom holds that governments are to respond to démarches when required.

Some démarches are quite public but mostly they are private correspondences trying to persuade a government to adopt a certain position or policy related to human rights.

National Commissions and Ombudsman Offices

Many states set up national human rights commissions and ombudsman offices to help them promote and protect human rights at home. These bodies are designed to play both an investigative and

meditative role between individuals and government officials (including the police).

Prominent examples include the national Human Rights Commissions of Cameroon, India and Ghana.

Special human rights commissions at the national level may also be established on an ad hoc basis. Often referred to as truth commissions, these bodies investigate human rights violations that occurred under previous regimes and can help societies come to term with their troubled past.

The creation of national human rights commissions, ombudsman offices, or truth commissions requires extensive bilateral, multilateral, IGO, and NGO diplomacy.

Discussion Questions

Discuss how the traditional diplomatic architecture affects a state’s human rights and humanitarian diplomacy.

What are the diplomatic divides among states relating to human rights and humanitarian principles? How does diplomacy bridge and reinforce those divides?

What roles does the Ministry of Foreign Affairs play in human rights and humanitarian diplomacy?

What are the advantages of national human rights commissions and ombudsman offices?