Sunday, 3 June 2018

Diplomatic immunity

The rules set forth in the 1961 Vienna Convention on Diplomatic Relations, agreed upon by 187 countries, clearly states that diplomatic agents including "the members of the diplomatic staff, and of the administrative and technical staff and of the service staff of the mission" enjoy "immunity from the criminal jurisdiction of the receiving State." They also enjoy immunity from civil proceedings unless the case involves property or business interests unrelated to their diplomatic duties.
  • Immunity means an exemption. Diplomatic Immunity allows diplomats to have safe passage and stay in foreign nations, and provides blanket protection to diplomats from lawsuits and legal prosecution in a foreign (host) nation. 
  • The purpose of diplomatic privileges, immunity and exemptions, is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions that represent States. While 'privileges' is defined as a benefit or right to do something that others have no right to do, 'immunity' is defined as the exemption from local jurisdiction. Immunity have a legal basis, but privileges are a matter of courtesy.
  • Diplomatic privileges and immunity guarantee that diplomatic agents or members of their immediate family (i) may not be arrested or detained, (ii) may not have their residences entered and searched, (iii) may not be subpoenaed as witnesses, and (iv) may not be prosecuted.
  • The person of a diplomatic agent is inviolable. Inviolability of the mission is unqualified. He shall not be liable to any form of arrest or detention. The Vienna convention specifies different levels of immunity to diplomats posted in various levels of the embassy, consular or international organisations such as the UN. The purpose of the immunity was so that foreign diplomats can maintain their dignity and safety in the host nation, without any threat of attack or intimidation to their person. 
  • Host countries can’t withdraw diplomatic immunity, but several have expelled diplomats for alleged interference in internal affairs and violate their laws. Even for serious crimes, the host country can generally do is expel the offender. Intimidation is a frequent recourse of authoritarian regimes, including against the families of diplomats. The doctrine of immunity represents a departure from the conventional practice of holding people responsible for their wrongful actions. 
  • The concern of protecting life was more important than immunity. Without prejudice to their privileges and immunity, it is the duty of all persons enjoying such privileges and immunity to respect the laws and regulations of the receiving State. 
  • A diplomat’s home country can waive his diplomatic immunity in particularly egregious cases. Immunity of a diplomat from the jurisdiction of the host country does not exempt him/her from the jurisdiction of his/her home country.
  • Violations of the Vienna Convention are extremely rare because countries are usually reluctant to put their own diplomats at risk. 
Diplomatic Immunity can be a double edged sword. On the one hand, it protects the life and dignity of a diplomat in a host nation, especially in times of conflict. Many international abuses of the clause by powerful diplomats and their kin has led to substantial criticism of the Vienna Convention. Many critics and legal experts want a reworking of the treaty's clauses to make the legal tool more useful of its purpose instead of being just an escape tool in the hands of powerful criminals. 


Words are one thing, actions another.
Good words are a mask for concealment of bad deeds. 

Sincere diplomacy is no more possible than dry water or wooden iron ... LC Green


Generally, Diplomatic passports are issued to people holding diplomatic status & powers i.e. the IFS officers posted abroad in Indian Missions, or deputed by the Government of India for diplomatic duty abroad and others visiting abroad for negotiations with foreign governments. Over the years, the process has been abused and misused with many getting issued the diplomatic passport thus losing its value, like VIP status granted to as many as 6 lakhs people. Almost all elected law makers, appointed top bureaucrats etc obtain diplomatic passports for themselves & families and use them for personal foreign travel and bypass the processes at the ports of entry& exit in India and abroad..


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