Are Diplomats Really Immune?: Assessing Devyani Khobragade Case in International Law

  • Isha Janwa
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  • Isha Janwa

    Student at O.P. Jindal Global University, India

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This paper delves into the intricate dynamics of international law and diplomatic relations through an analysis of the Devyani Khobragade incident. Part I introduces the concept of diplomatic and consular immunities, emphasizing their significance in maintaining harmonious state interactions. It narrates the background of Khobragade's arrest in the United States, highlighting the legal implications and challenges concerning the legality of her arrest under the Vienna Convention on Consular Relations (VCCR). Part II explores the retaliatory measures taken by India following Khobragade's indictment, including her elevation to diplomatic status under the Vienna Convention on Diplomatic Relations(VCDR) and subsequent persona non grata declaration by United States. Scrutinizing the repercussions of these actions on diplomatic norms and international jurisprudence, this paper interrogates the abuse of immunity, the delicate equilibrium of interests between sending and receiving states, and the conspicuous absence of mechanisms to resolve diplomatic disputes. . The emphasis is on analysis of the manner in which it was dealt with by the concerned states in the absence of courts with compulsory jurisdiction for such issues and the Consequences arising thereof. By exploring the tensions between sovereign equality, diplomatic immunity, and political motivations, this research underscores the need for reform in diplomatic protocols and mechanisms for addressing diplomatic disputes. Ultimately, the Devyani Khobragade incident serves as a catalyst for broader discussions on the efficacy and fairness of diplomatic immunity and the preservation of international order amidst sovereign disputes.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 435 - 442


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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