The first is how senior the diplomat is, and this can also depend on how sensitive their role is - for example, if they work in intelligence.īen Emmerson, a London-based diplomatic immunity lawyer, says in the first instance it depends on how close a diplomat's job description is to the role of ambassador. In reality, the likelihood that a state will assert immunity for one of its diplomats, or their family members, will depend on a number of factors.
However, the interpretation of how immune anyone might be is less clear. The CPS is clear that "immunity is dependent on rank and ranges from immunity from criminal and civil and administrative jurisdiction to immunity for official acts only". While they cannot be tried, they can be expelled.ĭo all diplomats who commit a crime automatically receive diplomatic immunity? Is there anything that can be done if a diplomat with immunity has committed a crime? It is not up to the individual diplomat to claim it. The decision on who has and who does not have immunity rests with the country which posted a diplomat in the first place. It can apply to the husbands or wives of diplomats and other family members. There have been instances when this has been abused - for example when PC Yvonne Fletcher was shot dead from the window of the Libyan embassy in London in 1984 - which have severely affected diplomatic relations.Ĭan immunity apply to anyone other than diplomats? The ongoing viability of the treaty and relations between countries are determined by how much respect is afforded. The VCDR obliges members of a diplomatic mission to respect the laws of their host countries. In order for them to face justice in their host country, the country that employs them would have to waive immunity.ĭoes that mean they can do what they want, with impunity? If a member of an embassy or other mission staff has diplomatic immunity, they can avoid a police investigation or prosecution if they commit a crime, or can avoid the need to defend themselves in a civil suit. Expert Craig Barker explains the waiver given to diplomats and their families
0 kommentar(er)
