The Legal Aspects of Diplomatic Immunity

Diplomatic immunity is not a Hollywood movie fiction, but a real world fact. Newspapers, television and the tabloids are riddled with stories about American and foreign officials who seek protection from prosecution under this curious policy. As countries seek to maintain alliances and seek better relations, diplomatic immunity becomes more significant. As such, there are some legal benefits to diplomatic immunity.

What is Diplomatic Immunity?

Diplomatic immunity is a form of legally recognized policy which protects diplomats, foreign or domestic, from lawsuits or prosecution. Under the Vienna Convention on Diplomatic Relations, the concept and custom became international law in 1961.

Diplomatic immunity promotes good ties being host country and visiting diplomat. Diplomatic immunity as a principal also ensures consistency in treatment and conduct of host and visiting diplomats. At its inception, diplomatic immunity was to promote good will and a ensure that diplomats could carry out their institutional duties.

Search and Seizure

While many Americans understand that constitutional issues of search and seizure and discovery, for foreign diplomats it's not an issue. Diplomatic immunity forecloses on law enforcements ability to search the location of a diplomatic mission or to force diplomats to disclose information for any type of law enforcement investigation.

Freedom from Criminal Prosecution

Traffic offenses and theft are common offenses which bog down court dockets. For average citizens, these offenses can rack of fees and limit personal freedom. For diplomats, these are typical "garden-variety offenses" that are pardoned under diplomatic immunity. Speeding tickets and the like are generally not prosecution as part of the protection the Vienna Convention creates.

Freedom from Civil Prosecution

Criminal offenses aside, the Vienna Convention protections also limits diplomats from being sued in civil court. Things such as unpaid debts, over drafted bank accounts, loans, and contract disputes are not actionable if a diplomat evokes diplomatic immunity.

Freedom from Taxation

Taxation without representation was one of the lynchpins of the American revolution. Under the Vienna Convention, diplomats receive special protection against taxation. Diplomats themselves are free from taxation and their mission premises are also free. This freedom extends to every thing from goods and services to investments.

Consequences

With all these protections, its not surprising that some diplomats show little regard to local laws or regulations. The news is filled with strange stories of diplomats abducting citizens and being free from prosecution. However, while a host country cannot act against the diplomat, one the immunity is claimed, the sending country or home country is free to deal with the problem and the trouble maker.

Diplomatic immunity is a problem for both citizens, companies and law enforcement for several reasons, but it is a political necessity for host countries to be able to ensure good relations with world neighbors. There are several legal benefits to diplomatic immunity, but these protections are only available if the diplomat claims them.