How does someone get diplomatic immunity?

schazjmd

By virtue of their position/job in a foreign country.

"The [Vienna] 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."

lordkelvin

By being a diplomat.....

going_for_baroque

You have to be accredited to that country. Here's how it normally works: A US diplomat gets assigned to a country. The Department of State sends the person's passport to the embassy of that country. The embassy issues a diplomatic visa. The person arrives in the foreign country and the US Embassy forwards the passport with diplomatic visa to the Ministry of Foreign Affairs where the visa is processed. Most countries have a separate document that indicates "Mr. John Doe is an accredited diplomat." This is what shows the world that Mr. Doe is has diplomatic immunity.

Frequently a diplomat, using his diplomatic passport, travels to another country. He's treated well, but has NO diplomatic immunity until that other country grants it. He's a tourist or a temporary business person (the embassy is a legitimate "business") but may not have normal diplomatic immunity.

A few small countries may have one person accredited to more than one country. And one US diplomat may be accredited to more than one small country.

When someone with a diplomatic passport arrives at Passenger Processing, you look for the visa- if he has an A-1, he's a diplomat. Frequently a foreign person will have a B1/B2 visa in his diplomatic passport. Treat him nicely, but not like any other visitor. Someone arriving with a B1/B2 visa in their diplomatic passport can be searched. In the real world, you will need some good reasons, but it's possible. Someone arriving with an A-1 visa can't be searched. In an extreme case (you see cocaine dripping from his briefcase), you might be able to detain him while someone contacts both the State Department and his embassy for permission to do more. But it's quite likely he'll just keep walking because he has diplomatic immunity.

Hope that wasn't TMI.

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