ABSTRACT
Secrecy and confidentiality are an integral part of diplomatic relations. Diplomatic bags and couriers, back-room diplomacy, and coded messages are just a number of ways to protect intelligence from acts of espionage or disclosure in the media. The picture painted is that of a Cold War understanding of diplomacy. Moreover, rules protecting secrecy that have been translated in international law, in particular during the Cold War period, remain fundamental to the way in which diplomacy is conducted. International treaties and customary international law lay down rules that aim to keep instructions from foreign ministries, preparatory documents and diplomatic archives secret. The 1961 Vienna Convention on Diplomatic Relations (VCDR) has successfully codified rules on many aspects of diplomatic life. The protection of secret and confidential knowledge in diplomatic relations was an important theme for the International Law Commission's (ILC) preparatory work in anticipation of the Convention and at the Vienna Conference in 1961.
