Diplomatic immunity is a form of legal immunity and a policy held between governments, which ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws (although they can be expelled). Diplomacy is the art and practice of conducting Negotiations between representatives of groups or states In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law It was agreed as international law in the Vienna Convention on Diplomatic Relations (1961), though the concept and custom have a much longer history. International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards The Vienna Conventions on Diplomatic Relations is an international Treaty on diplomatic intercourse and the privileges and immunities of a Diplomatic Many principles of diplomatic immunity are now considered to be customary law. In Law, custom can be described as the established patterns of behavior that can be objectively verified within a particular social setting Diplomatic immunity as an institution developed to allow for the maintenance of government relations, including during periods of difficulties and even armed conflict. War is an international relations Dispute, characterized by organized Violence between National Military units When receiving diplomats — formally, representatives of the sovereign (head of state) — the receiving head of state grants certain privileges and immunities to ensure that they may effectively carry out their duties, on the understanding that these will be provided on a reciprocal basis. Head of state is the generic term for the individual or collective office that serves as the chief public representative of a Monarchic or Republican Nation-state As one article put it: "So why do we agree to a system in which we're dependent on a foreign country's whim before we can prosecute a criminal inside our own borders? The practical answer is: because we depend on other countries to honor our own diplomats' immunity just as scrupulously as we honor theirs. "[1]
Originally, these privileges and immunities were granted on a bilateral, ad hoc basis, which led to misunderstandings and conflict, pressure on weaker states, and an inability for other states to judge which party was at fault. This article is about the political term for the term as used in Biology, see symmetry (biology. Ad hoc is a Latin phrase which means "for this [ Purpose ]" Various international agreements known as the Vienna Conventions codified the rules and agreements, providing standards and privileges to all states.
It is possible for the official's home country to waive immunity; this tends to only happen when the individual has committed a serious crime, unconnected with their diplomatic role (as opposed to, say, allegations of spying), or has witnessed such a crime. In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment Alternatively, the home country may prosecute the individual. Many countries refuse to waive immunity as a matter of course; individuals have no authority to waive their own immunity (except perhaps in cases of defection). In Politics, a defector is a person who gives up allegiance to one state or political entity in exchange for allegiance to another
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The sanctity of diplomats has been observed for centuries. Most likely, the immunity of diplomatic staff rises from the immunity of the messengers sent on the battlefield.
Before the evolution of the international justice, many wars were considered rebellions or unlawful by one or more combatant sides. In such cases, the servants of the "criminal" sovereign were often considered accomplices and their persons violated. In other circumstances, harbingers of inconsiderable demands were killed as a declaration of war. Herodotus records that when heralds of the Persian king Darius the Great demanded "earth and water" (i. Herodotus of Halicarnassus ( Greek: Hēródotos Halikarnāsseús) was a Greek Historian who lived in the 5th century BC ( 484 BC&ndash The Persian Empire was a series of Iranian empires that ruled over the Iranian plateau, the original Persian homeland and beyond in Western Asia Darius I the Great (c 549 BC&ndash486 BC 𐎭𐎠𐎼𐎹𐎺𐎢𐏁 Dārayavahuš: "Possessing goodness" Having ascended to power amidst controversy and bloodshed e. , symbols of submission) of various Greek cities, the Athenians threw them into a pit and the Spartans threw them down a well (suggesting they would find both earth and water at the bottom) (Hdt. Athens (ˈæθənz Αθήνα Athina,) the Capital and largest city of Greece, dominates the Attica periphery as one of the world's The city of Sparta ( Doric Σπάρτα Attic Σπάρτη 7. 133).
A Roman envoy was urinated on as he was leaving the city of Carthage. Ancient Rome was a Civilization that grew out of a small agricultural community founded on the Italian Peninsula as early as the 10th century BC Carthage (Καρχηδών Karkhēdōn, Carthago from the Phoenician קרת חדשת phn-Latn Qart-ḥadašt meaning new town) refers The oath of the envoy: "This stain will be washed away with blood!" was fulfilled by the Second Punic War. The Second Punic War (referred to as "The War Against Hannibal" by the Romans lasted from 218 to 201 BC and involved combatants in the western The arrest and ill-treatment of the envoy of Raja Raja Chola by the Chera King led to the Kandalur War. Rajaraja Chola I (இராஜராஜ சோழன் is one of the greatest kings of the Chola Empire, who ruled between 985 and 1014 CE The very first military achievement of Raja Raja Chola ’s reign was the campaign in the Kerala country c 994 C
As diplomats by definition enter the country under safe-conduct, violating them is normally viewed as a great breach of honour, although there have been a number of cases where diplomats have been killed. Safe conduct is the situation in time of international conflict or war where one state a party to such conflict issues to a person usually an enemy state's subject a pass or document Genghis Khan and the Mongols were well-known for strongly insisting on the rights of diplomats, and they would often take horrific vengeance against any state that violated these rights. Genghis Khan ( or;, Chinggis Khaan, ʧiŋgɪs χaːŋ Činggis Qaɣan; 1162–1227 born (meaning "ironworker" was the Mongol founder
In 1538, King Francis I of France threatened Edmund Bonner — Henry VIII's Ambassador to the French court and later Bishop — with a hundred strokes of the halberd as punishment for Bonner's "insolent behaviour". Francis I (September 12 1494 &ndash March 31 1547 was crowned King of France in 1515 in the cathedral at Reims and reigned until 1547 Edmund Bonner (also Edmund Boner) (c 1500 &ndash September 5, 1569) Bishop of London, was an English Bishop. Henry VIII (28 June 1491 &ndash 28 January 1547 was King of England and Lord of Ireland, later King of Ireland and claimant to the Kingdom of Though in the event the punishment was not actually inflicted, the incident clearly indicates that European monarchs at the time did not consider foreign ambassadors to be immune from punishment.
The British Parliament first guaranteed diplomatic immunity to foreign ambassadors in 1709, after Count Andrey Matveyev, a Russian resident in London, had been subjected by British bailiffs to verbal and physical abuse. The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland Count Andrey Artamonovich Matveev (Андрей Артамонович Матвеев (1666 &ndash 1728 was a Russian statesman of the Petrine epoch best remembered as one Bailiff (from Late Latin baiulivus, Adjectival form of baiulus) is a Governor or Custodian (cf
Modern diplomatic immunity evolved parallel to the development of modern diplomacy. In the seventeenth century European diplomats realized that protection from prosecution was essential to doing their jobs and a set of rules evolved guaranteeing the rights of diplomats. These were still confined to Western Europe, and were closely tied to the prerogatives of nobility. Thus an emissary to the Ottoman Empire could expect to be arrested and imprisoned upon the outbreak of hostilities between their state and the empire. The Ottoman Empire (1299–1923 ( Old Ottoman Turkish: دولتْ علیّه عثمانیّه Devlet-i Âliye-yi Osmâniyye, Late Ottoman and Modern Turkish The French Revolution also disrupted this system as the revolutionary state and Napoleon imprisoned a number of diplomats accused of working against France. The French Revolution (1789–1799 was a period of political and social upheaval in the History of France, during which the French governmental structure previously an Napoleon Bonaparte (15 August 1769 – 5 May 1821 was a French military and political leader who had a significant impact on the History of Europe. More recently, the Iran hostage crisis is universally considered a violation of diplomatic immunity (although the hostage takers did not officially represent the state, host countries have an obligation to protect diplomatic property and personnel). The Iran hostage crisis ( Persian: تصرف سفارت آمریکا was a diplomatic crisis between Iran and the United States where 52 On the other hand, in the Second World War, diplomatic immunity was upheld and the embassies evacuated through neutral countries. World War II, or the Second World War, (often abbreviated WWII) was a global military conflict which involved a majority of the world's nations, including
For the upper class of the 17th, 18th and 19th centuries, diplomatic immunity was an easy concept to understand. The first "embassies" were not permanent establishments, but actual visits by high-ranking representatives of the sovereign (often their close relatives), or even the sovereign in person. As various permanent representations evolved, usually on a treaty basis between two powers, these also were frequently staffed by relatives of the sovereign or high-ranking nobles.
Warfare was not between individuals but between their sovereigns, and the officers and officials of European governments and armies often changed employers. Truces and ceasefires were commonplace, along with fraternization between officers of enemy armies during them. When prisoners, the officers usually gave their parole and were only restricted to a city away from the theatre of war. Almost always, they were given leave to carry their personal sidearms. Even during French revolutionary wars, British scientists visited the French Academy. L'Académie française, or the French Academy, is the pre-eminent French learned body on matters pertaining to the French language. In such an atmosphere, it was easy to accept that some persons were immune to the laws. After all, they were still bound by strict requirements of honour and customs.
In the nineteenth century the Congress of Vienna system reasserted the rights of diplomats, and they have been largely respected since then as the European model has spread throughout the world. The Congress of Vienna was a conference of ambassadors of the major powers of Europe, chaired by the Austrian statesman Clemens Wenzel von Metternich Nowadays diplomatic immunity, as well as diplomatic relations as a whole, are governed internationally by Vienna Convention on Diplomatic Relations which has been ratified by almost every country in the world. The Vienna Conventions on Diplomatic Relations is an international Treaty on diplomatic intercourse and the privileges and immunities of a Diplomatic
In modern times, diplomatic immunity continues to provide a means, albeit imperfect, to safeguard diplomatic personnel from any animosity that might arise between nations.
The Vienna Convention is explicit that "without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. " Nevertheless, in some occasions, diplomatic immunity leads to some unfortunate results; protected diplomats have violated laws (including those which would be violations at home as well) of the host country and that country has been essentially limited to informing the diplomat's nation that the diplomat is no longer welcome (persona non grata). Persona non grata ( Latin, Plural: personae non gratae, also abbreviated PNG literally meaning "an unwelcome person" is a term used Diplomatic agents are not, however, exempt from the jurisdiction of their home state, and hence prosecution may be undertaken by the sending state; for minor violations of the law, the sending state may impose administrative procedures specific to the foreign service or diplomatic mission.
Violation of the law by diplomats has included espionage, smuggling, child custody law violations, rape, and even murder: in London in 1984, policewoman Yvonne Fletcher was killed on the street by a person shooting from inside the Libyan embassy. Child custody and '''guardianship''' are Legal terms which are sometimes used to describe the legal and practical relationship between a Parent and his Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries London ( ˈlʌndən is the capital and largest urban area in the United Kingdom. Yvonne Joyce Fletcher (1959&ndash 17 April 1984) was a British Woman Police Constable (WPC who was shot and killed in London 's The incident caused a breakdown in diplomatic relations until Libya admitted "general responsibility" in 1999. Diplomacy is the art and practice of conducting Negotiations between representatives of groups or states
The espionage conducted by embassies is actually accepted as more of a custom than an abuse of diplomatic immunity, as it is continuously carried out by all major world powers. A typical position for an intelligence officer is as second press attaché, visa attaché or other position with no clear responsibilities. Attaché is a French term in diplomacy referring to a person who is assigned ('attached' to the administrative staff of a higher placed person or another service or agency In the United States, it is a policy of the Foreign Service not to confirm or deny the existence of intelligence personnel in U. The United States Foreign Service is the diplomatic service of the United States government under the aegis of the Department of State. S. embassies.
A particular problem is the immunity of diplomatic vehicles to ordinary traffic regulations such as prohibitions on double parking. Traffic on Roads may consist of Pedestrians ridden or herded Animals Vehicles Streetcars and other Conveyances either singly Double parking can refer to one of three practices Parking parallel to a car already parked at the curb "Double parking" can also refer to the usually illegal Occasionally, such problems may take a most serious turn, when disregard for traffic rules leads to bodily harm or death.
In New York City, the home of the United Nations Headquarters (and hence thousands of diplomats), protests against parking violations by diplomatic vehicles have a certain quixotic quality. The City of New York The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security A parking violation, parking citation, notice of illegal parking or parking ticket (depending on the jurisdiction is a notice of monetary penalty Quixotism is the description of a person or an act that is caught up in the romance of noble deeds and the pursuit of unreachable goals Nonetheless, the City regularly protests to the Department of State about non-payment of parking tickets due to diplomatic status. Diplomatic missions have their own regulations, but many require their staff to pay any fines due for parking violations. A 2006 study by two economists found that there was a significant correlation between home-country corruption (as measured by Transparency International) and unpaid parking fines; nonetheless, approximately 30 countries (or 20%) had fewer than one unpaid fine per diplomat over a five year period, and 20 had none at all. Political corruption is the use of governmental powers by government officials for illegitimate private gain Transparency International ( TI) is a leading international Non-governmental organization addressing corruption Six countries had in excess of 100 violations per diplomat. [11]
In France, between November 2003 and 2004, there were 2,590 cases of diplomatic cars caught speeding by automatic radars; the People's Republic of China alone had 155 violations. This article is about the country For a topic outline on this subject see List of basic France topics. Talk People's Republic of China) PEOPLE'S REPUBLIC OF CHINA ARTICLE GUIDELINES In comparison, there were 4,400 speeding violations by French official vehicles, such as police cars, an obviously much greater population than the Diplomatic Corps. This article is about the country For a topic outline on this subject see List of basic France topics. The diplomatic corps or corps diplomatique is the collective body of foreign Diplomats accredited to a particular country or body [12]
Historically the problem of large debts run up by diplomats has also caused many problems. Some financial institutions will not extend credit to diplomats because they have no legal means of ensuring the money is repaid.
Diplomatic immunity from local employment and labor law when employing staff from the host country has precipitated abuse. When the employer is a diplomat, the employees are in a legal limbo where neither the laws of the host country or the diplomat's country are enforceable. There is an inherent conflict of interest, as the diplomat is the chief representative of his country and its laws, and is not forced to obey local law, so that an abusive diplomat employer can act with virtual impunity. Diplomats have ignored local laws concerning minimum wages, maximum working hours, vacation and holidays. The worst abusers have imprisoned the employees in their homes, deprived them of their earned wages, passports and from communication and access to the outside world, abused them physically and emotionally, deprived them of food, and invaded their privacy. [13][14] In the case of corrupt countries and abusive diplomats, it has been virtually impossible to enforce payment of wages, or any standards whatsoever.
On April 24, 2008, Mexican press attaché Rafael Quintero Curiel was taped stealing Blackberry PDA units from a White House press meeting room in New Orleans, LA. Curiel made it all the way to the airport before members of the United States Secret Service caught up with him. After denying any wrong doing, he was shown the DVD of the surveillance video. Curiel claimed the incident was accidental, stated his diplomatic immunity, and left the country. [15]
Diplomats are exempt from import duty and tariffs for items for their personal use. For other uses of this word see Tariff (disambiguation. A tariff is a tax imposed on goods when they are moved across a political boundary For other uses of this word see Tariff (disambiguation. A tariff is a tax imposed on goods when they are moved across a political boundary In some countries, this has led to charges that diplomatic agents are profiting personally from resale of "tax free" goods. The receiving state may choose to impose restrictions on what may reasonably constitute personal use (for example, only a certain quantity of cigarettes per day). When enacted, such restrictions are generally quite generous (so as to avoid tit-for-tat responses). Tit for tat is a highly effective strategy in Game theory for the Iterated prisoner's dilemma.
Diplomats are not necessarily exempt from paying government-imposed fees when they are "charges levied for specific services rendered. " In certain cases, such as London's congestion charge (a daily charge on all cars entering central London), the nature of the fee may lead to disputes, but there is an obligation for the receiving state not to "discriminate as between states"; in other words, any such fees should be payable by all accredited diplomats equally. Congestion pricing or congestion charges is a system of surcharging users of a Transport network in periods of peak Demand to reduce Traffic congestion The term Central London refers to the districts of London England which are considered closest to the centre This may allow the diplomatic corps to negotiate as a group with the authorities of the receiving country. The diplomatic corps or corps diplomatique is the collective body of foreign Diplomats accredited to a particular country or body In January 2006, it was reported that the United States owed several million pounds in unpaid congestion charge fees. It was also reported that diplomatic immunity had been used to avoid paying millions of pounds in traffic fines, as well as dodging around GBP1 million in local rates, although some embassies have agreed to settle their bills. The Pound Sterling ( symbol £; ISO code: GBP) subdivided into 100 pence (singular penny) is the Currency Rates are a type of taxation system in the United Kingdom, and in places with systems deriving from the British one used to fund Local government. [16]
In fiction, diplomatic immunity is sometimes portrayed negatively with criminals with diplomatic papers brazenly committing the most violent crimes and arrogantly waving their immunity about when the heroes try to stop them. Fiction is the telling of stories which are not real More specifically fiction is an imaginative form of Narrative, one of the four basic Rhetorical modes. An example of this can be seen in the movie Lethal Weapon II; noteworthy is that the official in the film headed a consulate, and would not have benefited from diplomatic immunity, but the more limited consular immunity. Lethal Weapon 2 is a 1989 Action film directed by Richard Donner, and starring Mel Gibson, Danny Glover, Joe Pesci Consular immunity privileges are described in the Vienna Convention on Consular Relations of 1963 (VCCR In Ghost in the Shell: Stand Alone Complex a hacker is unable to escape Section 9 (a very well trained section of the police force) and resorts to telling them that he is the son of a Canadian ambassador. In fact, Section 9 was well aware of this fact, and thus delayed action until Canada had agreed to allow him to be brought to justice.
In reality, most diplomats are representatives of nations with a tradition of professional civil service, and are expected to obey regulations governing their behaviour and they suffer strict internal consequences (disciplinary action) if they flout local laws. See also Bureaucrat The term civil service has two distinct meanings Branch of governmental service in which individuals are hired on the basis Diplomats who disobey minor regulations or break major laws, or disappear with bad debts are likely a minority, and problem cases may have a correlation with nations with a history of corruption and little tradition of professional civil service. In many nations a professional diplomat's career may be compromised if he or she (or even members of his or her family) disobeys the local authorities or causes serious embarrassment, and such cases are, at any rate, a violation of the spirit of the Vienna Conventions.
The issue of parking tickets (see above) in New York was brought up in fourth season of the fictional TV drama The West Wing in the episode "Arctic Radar". " Arctic Radar " is episode 75 of the drama television series The West Wing. The president Josiah Bartlet shouts down the phone at who he believes to be the UN Secretary General advising there are big signs telling diplomats that they cannot park and that they should be towed to Queens before hanging up. Dr Josiah Edward "Jed" Bartlet is a Fictional character played by Martin Sheen on the Television serial Drama The Secretary-General of the United Nations is the head of the Secretariat, one of the principal organs of the United Nations. It transpires however that he was most likely talking to a secretary.
Some countries have made reservations to the Vienna Convention on Diplomatic Relations, but they are minor. The Vienna Conventions on Diplomatic Relations is an international Treaty on diplomatic intercourse and the privileges and immunities of a Diplomatic Most important are the reservation by most Arab nations concerning the immunity of diplomatic bags and non-recognition of Israel. A diplomatic bag, also known as a diplomatic pouch, is an envelope parcel shipping container or any other kind of receptacle used by Diplomatic missions As long A number of countries limit the diplomatic immunity of persons who are citizens of the receiving country. As nations keep faith to their treaties with differing zeal, other rules may also apply, though in most cases this summary is a reasonably accurate approximation. [17] It is important to note that the Convention does not cover the personnel of international organizations, whose privileges are decided upon on a case-by-case basis, usually in the treaties founding such organizations. The United Nations system (including its agencies, which comprise the most recognizable international bodies such as the World Bank and many others) has a relatively standardized form of limited immunities for staff traveling on U. The United Nations ( UN) is an International organization whose stated aims are to facilitate cooperation in International law, International security The World Bank is an internationally supported Bank that provides financial and technical assistance to developing countries for development programs (e N. laissez-passers; diplomatic immunity is often granted to the highest-ranking officials of these agencies. A laissez-passer (from the French let pass) is a Travel document issued by a national government or an international treaty organization Consular officials (that do not have concurrent diplomatic accreditation) formally have a more limited form of immunity, generally limited to their official duties. Diplomatic technical and administrative staff also have more limited immunity under the Vienna Convention; for this reason, some countries may accredit technical and administrative staff as attachés. Attaché is a French term in diplomacy referring to a person who is assigned ('attached' to the administrative staff of a higher placed person or another service or agency
Other categories of government officials that may travel frequently to other countries may not have diplomatic passports or diplomatic immunity, such as members of the military, high-ranking government officials, ministers, and others. Many countries provide non-diplomatic official passports to such personnel, and there may be different classes of such travel documents such as official passports, service passports, and others. De facto recognition of some form of immunity may be conveyed by states accepting officials traveling on such documents, or there may exist bilateral agreements to govern such cases (as in, for example, the case of military personnel conducting or observing exercises on the territory of the receiving country).
Formally, diplomatic immunity may be limited to officials accredited to a host country, or traveling to or from their host country. In practice, many countries may effectively recognize diplomatic immunity for those traveling on diplomatic passports, with admittance to the country constituting acceptance of the diplomatic status.
The following chart outlines the immunities afforded to foreign diplomatic personnel residing in the United States. [18] In general, these rules follow the Vienna Convention, which the U. S. ratified.
| Category | May be arrested or detained | Residence may be entered subject to ordinary procedures | May be issued traffic ticket | May be subpoenaed as witness | May be prosecuted | Official family member | |
|---|---|---|---|---|---|---|---|
| Diplomatic | Diplomatic agent | No[19] | No | Yes | No | No | Same as sponsor |
| Member of administrative and technical staff | No[19] | No | Yes | No | No | Same as sponsor | |
| Service staff | Yes[20] | Yes | Yes | Yes | No, for official acts. Otherwise, yes[20] | No[20] | |
| Consular | Career Consular Officers | Yes, if for a felony and pursuant to a warrant. [20] | Yes[21] | Yes | No, for official acts. Testimony may not be compelled in any case. | No, for official acts. Otherwise, yes[22] | No[20] |
| Honorary consular officers | Yes | Yes | Yes | No, for official acts. Yes, in all other cases | No, for official acts. Otherwise, yes | No | |
| Consular employees | Yes[20] | Yes | Yes | No, for official acts. Yes, in all other cases | No, for official acts. Otherwise, yes[20] | No[20] | |
| International organization | Diplomatic-level staff of missions to international organizations | No[19] | No | Yes | No | No | Same as sponsor |
| International Organization Staff[22] | Yes[22] | Yes[22] | Yes | No, for official acts. Yes, in all other cases | No, for official acts. Otherwise, yes[22] | No[20] | |
| Support staff of missions to international organizations | Yes | Yes | Yes | No, for official acts. Yes, in all other cases | No, for official acts. Otherwise, yes | No | |