Diplomatic Immunity

[ludwig]

The case being discussed in the thread below, got me wondering. Why does the concept of diplomatic immunity exist in the first place? Surely a fundamental principle of the law is that no-one is above it?

If you go to a country and commit a crime, surely you should be liable for prosecution irrespective of who you are. The person concerned isn't even a diplomat, just related to one.

[pixie374]

It should, imo. I don't blame her for not returning though. Who would?

[ichkeria]

A good explanation here:

It is interesting to note the Colombian case of manslaughter mentioned!

https://en.m.wikipedia.org/wiki/Diplomatic_immunity

[NellieMay]

Funnily enough, I was discussing this yesterday. In my opinion is shouldn't exist at all. What they do in the embassy is up to them, but the laws of the country where they should reside should apply. I think she should be made to return, but that won't happen.

[retrocop]

Primarily set up by the Vienna covention to place embassys, consulates in not so friendly nations to protect embassy staff.
A sort of we leave your spies alone in our country and you leave ours alone. :-)

[ichkeria]

DI can be waived. It’s not a show-stopper.
That is why the apparent attitude of the US here is disappointing.

[davebro]

It's an outdated concept - if they can't obey the law they have no business being diplomats.

[NellieMay]

It seems to be outdated. It needs revising to suit the current situation of the world.

[ichkeria]

Well it wasn’t set up by the Vienna Convention but codified by it.
Spying I am sure is a factor although of course quite often diplomats are expelled.Which of course is the exact opposite of what is required in cases of actual crime.
It is plainly abused disgracefully.

[NellieMay]

Sorry Dave didn't see your post, was busy reading ichkerias link.

[NellieMay]

I would return if I were her. She is hardly likely to be badly treated here and she will have a clear conscience. If we were a barbaric country, then i wouldn't blame her.

[Spicerack]

Good link that, in ichi's post. Pretty comprehensive.

[woofgang]

I think as well as the you be nice to our spies thing, its also for protection of embassy staff and their families from arrest and so on if law breaks down in the country they are in or if there is prejudice in the police or military.