OPTIONAL PROTOCOL TO THE
VIENNA CONVENTION ON DIPLOMATIC RELATIONS, CONCERNING THE COMPULSORY
SETTLEMENT OF DISPUTES
The States Parties to the present Protocol and to the
Vienna Convention on Diplomatic
Relations, hereinafter referred to as "the Convention",
adopted by the United Nations Conference held at Vienna from 2 March
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
has been agreed upon by the parties within a reasonable period,
Have agreed as follows:
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.
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
may bring the dispute before the Court by an application.
- Within the same period of two months, the parties may agree to
adopt a conciliation procedure before resorting to the
International Court of Justice.
- The 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.
States Parties to the Convention, to the Optional Protocol
concerning Acquisition of Nationality, and to the present Protocol
may at any time declare that they will extend the provisions of the
present Protocol to disputes arising out of the interpretation or
application of the Optional Protocol concerning Acquisition of
Nationality. Such declarations shall be notified to the
Secretary-General of the United Nations.
The present Protocol shall be open for signature by all States
which may become Parties to the Convention, 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.
The present Protocol is subject to ratification. The instruments
of ratification shall be deposited with the Secretary-General of the
The present Protocol shall remain open for accession by all
States which may become Parties to the Convention. The instruments
of accession shall be deposited with the Secretary-General of the
- The present Protocol shall enter into force on the same day as
the Convention or on the thirtieth day following the date of
deposit of the second instrument of ratification or accession to
the Protocol with the Secretary-General of the United Nations,
whichever day is the later.
- For each State ratifying or acceding to the present Protocol
after its entry into force in accordance with paragraph 1 of this
Article, the Protocol shall enter into force on the thirtieth day
after deposit by such State of its instrument of ratification or
The Secretary-General of the United Nations shall inform all
States which may become Parties to the Convention:
- of signatures to the present Protocol and of the deposit of
instruments of ratification or accession, in accordance with
Articles V, VI and VII;
- of declarations made in accordance with Article IV of the
- of the date on which the present Protocol will enter into
force, in accordance with Article VIII.
The original of the present Protocol, of which the 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 copies thereof to all States referred to in
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly
authorized thereto by their respective Governments, have signed the
DONE at Vienna, this eighteenth day of April one thousand nine
hundred and sixty-one.