Page 1:

• Title: ABC of Diplomacy

Page 2:

• Publisher: Swiss Federal Department of Foreign Affairs (FDFA)

• Contact information: Tel. 031 322 31 53, E-mail: publikationen@eda.admin.ch

• Available in German, French, and Italian

• Contents: Introduction, Glossary

Page 3:

• Introduction to Diplomacy

• Diplomacy ensures peaceful relations between states

• Diplomatic services safeguard the interests of their respective countries abroad

• Diplomacy includes promoting political, economic, cultural, and scientific relations, as well as defending human rights and settling disputes peacefully

• Diplomacy can be bilateral (between two states) or multilateral (involving several states within an international organization)

• Negotiation is an important means of conducting diplomacy and often leads to treaties and international law

• Diplomacy has existed since ancient times, with diplomatic archives found in Egypt dating back to the 13th century BC

• Switzerland established its first permanent legations in neighboring countries around 1800

• Switzerland currently has over 150 missions and posts abroad run by professional diplomats and consular agents

Page 4:

• Multilateral diplomacy gained importance after World War I and II

• The number of sovereign states increased rapidly, leading to complex relations

• Switzerland became a member of the League of Nations in 1920 and the United Nations in 2002

• Geneva became a center of international cooperation, hosting the League of Nations and the European headquarters of the United Nations

• Diplomatic relations are governed by international conventions, such as the Vienna Convention on Diplomatic Relations of 1961

• Common rules on consular relations were agreed upon in 1963

• Unwritten rules, customs, and conventions also exist to facilitate communication between states

Page 5:

• The "ABC of Diplomacy" explains important terms and concepts of diplomacy

• Multilateral diplomacy is emphasized

• Mention of universal and regional organizations

• Example of Federal Councillor Micheline Calmy-Rey crossing the demarcation line between North and South Korea in 2003

Page 6:

• Glossary of terms related to diplomacy

• Accreditation: Procedure for a state to ask if an appointed ambassador is acceptable to the receiving state

• Administrative and technical staff (AT): Members of a diplomatic mission who do not enjoy immunity in civil law courts and administrative tribunals

• Bilateralism: Discussions or negotiations on foreign policy matters between two parties

• Chargé d'affaires ad interim: Person who acts as head of mission when the post is vacant or the ambassador is absent

• Consensus: Agreement on a given question, often mistaken for unanimity

• Consular protection: Enables a state to defend the rights of its citizens abroad, less strict than diplomatic protection

Page 8:

• Consular posts are established by one State in another State to maintain consular relations.

  • Four categories of consular posts: consulate-general, consulate, vice-consulate, and consular agency.

  • Head of post reflects the category of the consular post.

• Honorary consuls can be appointed by the sending State.

  • They are individuals with professional experience in the receiving State.

  • They are not salaried but may charge fees for official services.

• Consular duties include representing the sending State, public relations, and promoting economic, cultural, and political relations.

• Consular agents assist citizens traveling abroad.

• Conventions are multilateral agreements that regulate international relations and international law.

  • Examples: Hague Conventions and Geneva Conventions.

• The Council of Europe's main purpose is to protect human rights, the rule of law, and democracy.

  • It also fosters Europe's cultural identity and seeks solutions to social problems.

  • It assists in the institutional reform of the States of Central and Eastern Europe.

• The Council of Europe has 47 member States.

  • It produces treaties and agreements that provide the basis for amending laws in member States.

  • The European Convention on Human Rights is one of its greatest achievements.

  • Switzerland is a member of the Council of Europe and has ratified the ECHR.

• The Council of Europe is separate from the European Union.

  • All 27 EU member States are also members of the Council of Europe.

Page 10:

• Credentials are documents from the sending State to the receiving State, attesting the ambassador's entitlement to perform the functions of head of mission.

  • Credentials should give the name, titles, characteristics, and general aim of the mission.

  • They are handed personally by the ambassador to the head of the receiving State.

• Customary international law is one of the two main sources of the rights and obligations of States.

  • It is referred to when States believe they are acting in conformity with an obligation.

  • It requires the systematic recurrence of the same pattern of behavior and the conviction of the States.

• The depositary of an international treaty is a State or an International organization.

  • Their duties include safekeeping and certification of documents, acceptance and transmission of messages, reservations, and declarations.

Page 11:

• The diplomatic corps consists of the heads of mission accredited to the same government.

  • The Dean is the highest ranking head of mission and presides over the diplomatic corps.

  • The Nuncio often has a special status and is recognized as the Dean of the diplomatic corps.

• The Dean is the spokesman for the diplomatic corps on official occasions.

• Diplomatic couriers carry official correspondence between diplomatic missions and foreign ministries.

  • They enjoy inviolability and cannot be arrested.

  • Diplomatic bags must not be opened or withheld.

• Diplomatic demarche is an approach by one or more embassies to the government of the country of residence.

  • It can be oral or in writing and deals with various subjects.

Page 12:

• Diplomatic notes are forms of correspondence between diplomatic missions and the foreign ministry of the receiving State.

  • They are always written in the third person and have a standard greeting and conclusion.

• Diplomatic protection allows a State to intervene on behalf of its nationals who have suffered prejudice in violation of international law.

  • It is based on five principles, including the State's right to intervene and exhaustion of local remedies.

• Diplomatic staff refers to members of the staff of a diplomatic mission, including the head of mission.

  • They enjoy diplomatic status and privileges and immunities.

Page 13:

• An embassy refers to the staff appointed by a State to carry out diplomatic functions in another State and the premises where they work.

  • Diplomatic relations must exist between the two States before an embassy can be opened.

  • An embassy may be headed by an ambassador or a Chargé d'affaires ad interim.

• Diplomatic activities cover various aspects of relations between governments, including political, legal, economic, and cultural affairs.

Page 14:

• The European Union (EU) is an association of European democracies

• The EU is unique in its form and organization

• The EU has undergone continuous enlargement and currently has 27 member states

• The EU contributes to international peace and stability

• The EU is the world's biggest economic power

• The Council of the European Union is the EU's central decision-making and legislative body

• The European Commission prepares draft legislation and negotiates international treaties

• The European Court of Justice ensures that EU bodies and member states uphold Community law

• Extraterritoriality requires a sufficient link between the law and the territory where it is applied

Page 15:

• Facilitation and mediation are efforts to reconcile parties in a conflict

• Third parties such as the United Nations, regional organizations, states, or NGOs can facilitate or mediate

• Facilitation involves supporting and promoting contacts between conflicting parties without getting involved in negotiations

• Mediation involves actively participating in the search for a solution

• The Geneva Conventions strengthen the rules for the protection of non-combatants and individuals in armed conflicts

• The Geneva Conventions and Additional Protocols are the cornerstones of international humanitarian law

• Good offices refer to the efforts of a third party to find a peaceful solution to a conflict

• Good offices can range from technical support to participation in peace operations

Page 16:

• The Hague Conventions were adopted to regulate the conduct of war

• The Hague Conventions banned the use of weapons causing unnecessary suffering

• A headquarters agreement determines the legal status of an international organization in the host state

• Switzerland has signed headquarters agreements with international organizations on its territory

• Human rights are the freedoms to which all individuals are entitled

• Human rights are protected through international agreements, conventions, resolutions, and declarations

• International humanitarian law, international refugee law, and human rights are distinct but related branches of law

• The International Committee of the Red Cross reflects the principles of humanity and impartiality

Page 18:

• Initials authenticate each page of an international treaty during negotiation

• The signature of plenipotentiaries marks the end of treaty negotiations

• Ratification commits a state to respect the treaty at the international level

• The Federal Assembly in Switzerland approves the ratification of treaties

• International civil servants have exclusive long-term employment with international organizations

• International civil servants enjoy privileges and immunities similar to diplomats

• International civil servants are regulated by the statutes of the employing organization and the headquarters agreement

Page 19:

• International humanitarian law is important in preventing the complete annihilation of opponents in a conflict.

  • It applies to both states and individuals, including civilians.

  • The main sources of international humanitarian law are the Geneva Conventions of 1949, their Additional Protocols of 1977, the Hague Regulations of 1907, and other conventions prohibiting or restricting the use of specific weapons.

• International justice is necessary for ensuring universal respect for international law and human rights.

  • Various courts and tribunals have been created at the universal and regional levels.

  • The International Court of Justice (ICJ) in The Hague is the principal judicial organ of the United Nations.

  • The European Court of Human Rights is effective in protecting human rights.

  • War crimes tribunals have been established, such as the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda.

Page 20:

• The International Criminal Court (ICC) in The Hague is a permanent judicial authority for prosecuting serious crimes.

  • It can prosecute genocide, crimes against humanity, war crimes, and the crime of aggression.

• The International Tribunal for the Law of the Sea can be invoked by States Parties to the UN Convention on the Law of the Sea.

• International law governs relations between states and covers various fields.

  • It includes the prohibition of the use of force, human rights and protection in times of war, efforts to combat terrorism and serious crimes, and areas such as the environment, international trade, development, telecommunications, and international transport.

• States are obliged to comply with international law they have agreed to adhere to.

  • Peremptory norms of international law apply to all states without exception.

Page 21:

• Matters of international law in Switzerland are usually decided by the Federal Assembly and through referendums.

• The International Monetary Fund (IMF) promotes international cooperation in monetary policy and provides loans to member states facing balance of payments difficulties.

• An international organization is a permanent association of at least two states with specific tasks and organs to act on its behalf.

  • The United Nations (UN) is a notable example of a universal international organization.

• The International Organization of the Francophonie promotes the French language and cultural diversity.

Page 22:

• The Organisation internationale de la Francophonie comprises 55 states and governments sharing the French language and culture.

• The organization holds a summit every two years to discuss political direction and areas of cooperation.

• An international treaty is an agreement between states or between states and an international organization, stipulating international rules in a given area.

• Inviolability refers to the personal inviolability of a diplomat and the inviolability of the premises of a diplomatic mission.

• A memorandum is a written text summarizing essential facts relating to an international problem.

Page 23:

• Multilateralism involves discussions and negotiations between more than two states.

• Multilateral fora include international organizations such as the United Nations, the World Trade Organization, the European Union, and the Council of Europe.

Page 24: Neutrality

• Neutrality is the legal status of a State that renounces participation in armed conflicts.

• The Hague Conventions of 1907 and customary international law define the rights and duties of a neutral State.

• Fundamental rights of a neutral State include inviolable territory, freedom of trade for private companies, and the duty to refrain from participating in armed conflicts.

• Neutral States are prohibited from supporting belligerents with weapons or troops and from allowing the use of their territory for military purposes.

• Neutrality does not prevent participation in economic or military sanctions adopted by international organizations like the United Nations.

Page 25: Non-governmental organisation

• Non-governmental organizations (NGOs) are private-law institutions that operate independently of State authorities.

• NGOs can influence public perceptions and opinions and can have consultative status within international organizations.

• They can enter into cooperation agreements and carry out mandates, particularly in humanitarian or protection missions.

• Non-retroactivity is a general legal principle that states laws or treaties apply only to situations arising after they enter into force.

• Nuncio refers to the diplomatic representative of the Holy See, accredited as a permanent ambassador to a foreign government.

Page 26: Opt-out clause and International Organizations

• An opt-out clause is a provision in an international treaty that allows a member State to limit its obligations or have temporary exemption.

• Opt-out clauses protect priority interests such as public order, security, public health, or national heritage.

• The Organisation for Economic Co-operation and Development (OECD) promotes cooperation in economic and social policy among member States and information exchanges in development aid.

• The Organisation for Security and Co-operation in Europe (OSCE) aims to establish a common security area based on shared values and focuses on preventive diplomacy, conflict prevention, and strengthening democratic societies.

Page 27: Pacta sunt servanda and Peaceful settlement of disputes

• Pacta sunt servanda is a Latin expression meaning "Treaties are to be honored," emphasizing that States and international organizations must comply with treaty provisions.

• Peaceful settlement of disputes can be achieved through negotiation, good offices, conciliation, resolution procedures, inquiries, arbitration, or submission to the International Court of Justice.

Page 28: Peacekeeping operations and Protocol

• Peacekeeping operations are used by the international community for conflict resolution and crisis management, involving civil and military means.

• These operations are usually based on a UN mandate and guided by the principles of impartiality, agreement of the parties, and minimum use of force.

• Persona non grata refers to a representative of a State who is no longer acceptable to the receiving State, leading to their recall or expulsion.

• Precedence determines the ranking order of participants in meetings, ceremonies, processions, or receptions based on their positions or titles.

Page 29

• Preventive diplomacy

  • International community's efforts to establish a system for early warning of international tensions

  • United Nations and Organisation for Security and Co-operation in Europe involved

  • Propose measures to defuse situations and resolve conflicts peacefully

• Privileges and immunities

  • Given to diplomatic staff, their families, and individuals with equivalent status

  • Includes freedom of communication, inviolability of staff and premises, immunity of jurisdiction, and tax concessions

• Flag of the Swiss Legation in Berlin

  • Damaged during World War II and brought back to Switzerland

Page 30

• Privileges and immunities

  • Given to enable individuals to perform their duties independently

  • Expected to respect the laws of the host country

• Prohibition of the use of force

  • War is prohibited, but two exceptions exist: self-defense and with authorization from the Security Council

• Protecting power

  • Steps in when two conflicting States break off diplomatic/consular relations

  • Takes on some functions of the diplomatic mission and represents interests

  • Helps maintain minimal relations between the two States

Page 31

• Switzerland's role as a protecting power

  • In high demand during World War II due to neutrality

  • Represented the interests of 35 States with over 200 mandates

  • Currently holds four mandates

• Protocol

  • Refers to ceremonial forms and practices in diplomatic relations

  • Protocol service in a ministry of foreign affairs handles these matters

  • Also refers to additional protocols in international treaties

• Reciprocity

  • Principle that confers rights and advantages in exchange for the same privileges

  • Human rights and international humanitarian law must be applied regardless of reciprocity

Page 32

• Recognition

  • Existing State recognizing a newly created State

  • Expresses readiness to establish and maintain diplomatic relations

  • Switzerland recognizes only States, not governments

• Reservation

  • Declaration by a State party to a treaty to exclude or change the application of a clause

  • Enables more States to become party to the treaty but may hinder uniform application

Page 33

• Resolution

  • Decisions taken by international organizations and conferences

  • Have a standardized format with a preamble and operative paragraphs

  • Most resolutions are not legally binding but serve as recommendations

• Swiss membership to the League of Nations

  • Voted in favor of membership in 1920

  • League of Nations replaced by the United Nations after World War II

Page 34

• Sanctions

  • Measures taken to end violations of international law

  • Can be diplomatic, economic, or military

  • UN Security Council and World Trade Organization involved in imposing sanctions

• Sovereignty

  • State is regarded as sovereign if it is independent of other entities subject to international law

  • Has no obligations except those it entered into itself and those imposed by international law

• Special mission

  • Representatives of a State traveling to a third State for specific duties

  • Enjoy similar privileges and immunities as diplomatic staff

Page 35:

• Subsidiarity principle

  • Political decisions should be taken at a level as close as possible to the people

  • Higher instances are only involved if the issue cannot be resolved at a lower level

  • Most federal states include this principle in their constitutions

  • European Union has made this a basic principle of community action

• United Nations (UN)

  • International organization with 192 member states

  • Provides a forum for the discussion of international topics

  • Promotes international peace and security, human rights, reduction of social inequalities, protection of the environment, and provides humanitarian aid

  • Main organs of the UN: General Assembly, Security Council, Secretariat, International Court of Justice

  • UN system includes specialized agencies linked to the UN through special agreements

Page 36:

• Vienna Conventions on diplomatic and consular relations

  • Two treaties signed in Vienna: 1961 Convention on Diplomatic Relations and 1963 Convention on Consular Relations

• World Bank

  • One of the Bretton Woods institutions

  • Founded in 1944 to combat poverty

  • Instruments include long-term loans, transfer of knowledge, strengthening of infrastructures, and partnerships with public and private sector organizations

• World Trade Organization (WTO)

  • Founded in 1995 as the successor to GATT

  • Aims to promote and harmonize international trade

  • Administers trade agreements, negotiates new agreements, provides technical assistance and training, monitors national trade policies, and helps settle trade disputes

Page 37:

• WTO administers trade agreements, serves as a forum for negotiation, provides technical assistance, monitors trade policies, and helps settle trade disputes

• WTO members agree to peaceful settlement of disputes through the multilateral system and abide by the decisions of the WTO Disputes Settlement Body

Page 38:

No main ideas mentioned.

Page 39:

No main