India Rejects Canada’s Assertion of International Law Violation After 41 Diplomats Recalled

Foreign Affairs Minister Melanie Joly is seen during a news conference in Ottawa on Oct. 19, 2023. The Canadian Press/Adrian Wyld

India says its actions are in full compliance with the Vienna Convention on Diplomatic Relations after Canada protested having to recall 41 diplomats amid concerns over the host nation’s potential revocation of their diplomatic immunity.

In a statement issued Oct. 20, India said it is seeking “parity in mutual diplomatic presence” between New Delhi and Ottawa, citing current tensions in bilateral relations and Canada’s significantly larger diplomatic presence in India.

Specifically, they referred to Article 11.1 of the convention, which states that in the absence of a specific agreement on mission size, the host state can demand a size based on local circumstances and requirements.

“We reject any attempt to portray the implementation of parity as a violation of international norms,” New Delhi said.

With 62 Canadian diplomats in India at the time, Foreign Affairs Minister Mélanie Joly announced on Oct. 19 the country was removing immunity for all except 21 Canadian diplomats and their families. Consequently, with 41 Canadian diplomats and their 42 dependents being put at risk, they were recalled.

Ms. Joly characterized New Delhi’s breach of the convention as “completely unreasonable and escalatory.”

“Diplomatic immunities should be respected and cannot be unilaterally revoked by a host country,“ she said. ”If we allow this norm to be broken, no diplomat anywhere would be safe.”

The minister said Canada will not respond in kind and will continue to engage in diplomatic dialogue with New Delhi.

Prime Minister Justin Trudeau reiterated the accusation on Oct. 20 that the Indian government’s decision to revoke diplomatic immunity of Canadian missions is contrary to international law.

“This is a violation of the Vienna Convention governing diplomacy. This is them choosing to contravene a very fundamental principle of international law and diplomacy. It is something that all countries in the world should be very worried about,” he said during a press conference in Brampton, Ont.

He expressed further disapproval of this action in light of his allegations concerning the murder of Hardeep Singh Nijjar, a pro-Sikh independence advocate fatally shot on June 18 outside a Sikh cultural centre in Surrey, B.C.

On Sept. 18, the opening day of the parliamentary fall session, Mr. Trudeau said in the House of Commons there are “credible allegations” pointing to the involvement of Indian agents in Mr. Nijjar’s killing. His statement ignited the diplomatic tension between Ottawa and New Delhi, with the latter denying the allegation and describing it as “absurd and motivated.”

On the same day, Canada declared Pavan Kumar Rai, the head of India’s intelligence service in Canada, persona non grata. India responded by expelling a senior Canadian diplomat the next day.