Diplomats who actively engage with the opposition of the receiving State frequently court criticism. The case of Western diplomats in Ukraine, who found themselves rebuked by the host government after they had visited protesters during the Maidan protests in 2013, is only one of many examples in this field. Nor are these matters of merely political relevance: prima facie, political partisanship may be considered a violation of the Vienna Convention on Diplomatic Relations. Examples of partisanship were mentioned during the codification history, and one of its emanations—the diplomatic participation in political campaigns— was expressly prohibited in the commentary to the draft which preceded the Vienna Convention.
This article provides a legal analysis of the two main situations in which charges of diplomatic partisanship arise: the discussion of specific topics with particular factions (for instance, matters of State security) and the support of a particular political position in that State. On the other hand, it is acknowledged that there are often interests on the side of the sending State which compel diplomats to engage in conduct of this kind—interests which may likewise find a strong basis in international law. The article examines the interplay of the relevant values and offers solutions which reflect their respective importance and allow for an evaluation of ostensibly partisan behavior in this important area of diplomatic law.
