How does diplomatic immunity work?

onisuje

Diplomatic immunity is a principle of international law by which certain foreign government officials are not subject to the jurisdiction of local courts and other authorities. The concept of immunity began with ancient tribes. In order to exchange information, messengers were allowed to travel from tribe to tribe without fear of harm. They were protected even when they brought bad news. Today, immunity protects the channels of diplomatic communication by exempting diplomats from local jurisdiction so that they can perform their duties with freedom, independence, and security. Diplomatic immunity is not meant to benefit individuals personally; it is meant to ensure that foreign officials can do their jobs. Under the concept of reciprocity, diplomats assigned to any country in the world benefit equally from diplomatic immunity.
The Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963 codified most modern diplomatic and consular practices, including diplomatic immunity. More than 160 nations are parties to these treaties. The conventions provide immunity to persons according to their rank in a diplomatic mission or consular post and according to the need for immunity in performing their duties. For example, diplomatic agents and members of their immediate families are immune from all criminal prosecution and most civil law suits. Administrative and technical staff members of embassies have a lower level of immunity. Consular officers serving in consulates throughout the country have an even lower level of immunity. Members of an embassy's service staff and consular employees are immune only for acts performed as part of their official duties

It is true that diplomats are exempt from the criminal, civil and administrative jurisdiction of the host country. However, this exemption may be waived by their home country. Moreover, the immunity of a diplomat from the jurisdiction of the host country does not exempt him/her from the jurisdiction of his/her home country.

It is also within the discretion of the host country to declare any member of the diplomatic staff of a mission persona non grata (or unwanted person). This may be done at any time and there is no obligation to explain such a decision. In these situations, the home country, as a rule, would recall the person or terminate his/her function with the mission.

The Vienna Convention provides for specific measures that can be taken by both the home and host countries in cases of misuse or abuse of diplomatic privileges and immunities. On the whole, diplomatic privileges and immunities have served as efficient tools facilitating relations between States. No UN Member State has so far proposed rescinding the Convention or re-writing its provisions.

Diplomatic privileges and immunities guarantee that diplomatic agents or members of their immediate family:

May not be arrested or detained
May not have their residences entered and searched
May not be subpoenaed as witnesses
May not be prosecuted

???

You can commit any crime and be immune unless the country you represent repeals the diplomatic immunity status. Most countries do repeal the immunity if a serious crime i committed but there are some that don't I.E. A Saudi diplomat was accused of rape on an under age girl in the UK but the Saudi government refused to repeal the Immunity so all that could be done was for the UK government to expel him. It is up to the country of origin to repeal immunity but the receiving country can reject a diplomat.

rocketpastsix

pretty much if you are a forgein diplomat, you are immune or most laws in this country, partly because you never know when something in the world might go down, so they need something sepcial in case need to get to the un, or an embassy within an hour.

now if they murder someone or something like that, then that person is extradited back to their home country, then i believe brough before the world court in hague, the netherlands to be tried.

kadnil

If you are a foreign dignitary in any country and you commit a crime you can be charged...but the country that does the charging is decided by the country that you are a resident in. Your country of residence has the choice as to whom the arresting authorities are. So to say that you have immunity only means that you may not be charged not that you can not be charged by the country you are in. Your official country will in most cases charge you when you return to the place of your residence.

ppirate j

if a person is in another country they can't be prosecuted over trivial things, its has to be something middle major, or government consent must be given on whether they can move forward, its a beautiful way to commit crimes!!!

brucec83

I think onisuje's dissertation sums it up.

Another important concept is reciprocity. If a country declares one of your diplomats persona non gratis and expels him, that country will invariably accuse and expel one of yours from their country. It keeps the other country from expelling diplomats for trivial reasons.

mamour

this is the basic :
So, what are the benefits of diplomatic immunity?

Diplomatic immunity protects the location of a diplomatic mission from search. Diplomatic personnel are immune from criminal prosecution as well as most civil suits in the host country. However, those protected are still required â€œto respect the laws and regulations of the receiving state.â€ To repeat, diplomatic immunity isnâ€™t the â€œget-out-of-jail-freeâ€ card itâ€™s perceived as. The home country can revoke a diplomatâ€™s immunity and allow the host country to prosecute. Most countries are reluctant to take this step. Diplomats typically face sanctions at home. The host country can also force the home country to recall someone immediately.
http://www.legalzoom.com/articles/article_content/article13174.html

fubar817

I think it has to do with your countries ability to not be able to be pushed around by other countries.

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