| Diplomatic immunity is a principle
of international law by which certain foreign government officials
are not subject to the jurisdiction of local courts and other
authorities. The concept of immunity began with ancient tribes. In
order to exchange information, messengers were allowed to travel
from tribe to tribe without fear of harm. They were protected even
when they brought bad news. Today, immunity protects the channels of
diplomatic communication by exempting diplomats from local
jurisdiction so that they can perform their duties with freedom,
independence, and security. Diplomatic immunity is not meant to
benefit individuals personally; it is meant to ensure that foreign
officials can do their jobs. Under the concept of reciprocity,
diplomats assigned to any country in the world benefit equally from
diplomatic immunity. The
Vienna Convention on
Diplomatic Relations of 1961 and the
Vienna Convention on
Consular Relations of 1963 codified most modern diplomatic and
consular practices, including diplomatic immunity. More than 160
nations are parties to these treaties. The conventions provide
immunity to persons according to their rank in a diplomatic mission
or consular post and according to the need for immunity in
performing their duties. For example, diplomatic agents and members
of their immediate families are immune from all criminal prosecution
and most civil law suits. Administrative and technical staff members
of embassies have a lower level of immunity. Consular officers
serving in consulates throughout the country have an even lower
level of immunity. Members of an embassy's service staff and
consular employees are immune only for acts performed as part of
their official duties
It is true that diplomats are exempt from the criminal, civil and
administrative jurisdiction of the host country. However, this
exemption may be waived by their home country. Moreover, the
immunity of a diplomat from the jurisdiction of the host country
does not exempt him/her from the jurisdiction of his/her home
country.
It is also within the discretion of the host country to declare
any member of the diplomatic staff of a mission persona non grata
(or unwanted person). This may be done at any time and there is no
obligation to explain such a decision. In these situations, the home
country, as a rule, would recall the person or terminate his/her
function with the mission.
The Vienna Convention provides for specific measures that can be
taken by both the home and host countries in cases of misuse or
abuse of diplomatic privileges and immunities. On the whole,
diplomatic privileges and immunities have served as efficient tools
facilitating relations between States. No UN Member State has so far
proposed rescinding the Convention or re-writing its provisions.
Diplomatic privileges and immunities guarantee that diplomatic
agents or members of their immediate family:
- May not be arrested or detained
- May not have their residences entered and searched
- May not be subpoenaed as witnesses
- May not be prosecuted
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