Diplomatic Immunity

[Lil Red]

+J.M.J.+
so, in the past week i have watched at least 3 shows that portray a diplomat as committing some crime (2 shows it was murder, another it was theft). they all claimed diplomatic immunity. so, i got curious. wikipedia defines it as:
[quote]Diplomatic immunity is a form of legal immunity and a policy held between governments, which ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws (although they can be expelled).[/quote]
to me it sounds like a good idea, except in the case of crime, in which i think that many law enforcement officers would rather not get caught up in red tape to prosecute the diplomat (which sounds like it could theoretically be done).

so, what's your opinion?

[CatherineM]

It is supposed to defend our diplomats from ending up in jail in a foreign country on trumped up charges for political purposes, or because they did something that isn't a crime back home. My problem with it is that we have a disproportionate number in the US because of the presence of the UN.

[cmotherofpirl]

[quote name='CatherineM' post='1754950' date='Jan 19 2009, 01:15 AM']It is supposed to defend our diplomats from ending up in jail in a foreign country on trumped up charges for political purposes, or because they did something that isn't a crime back home. My problem with it is that we have a disproportionate number in the US because of the presence of the UN.[/quote]
I think we should limit it to the ambassadors and immediate staff.

[track2004]

There are some cases in which I can see it being good, but I don't agree that it should extend to families. I think it should only be for crime committed outside the country. If a diplomat, for instance, had violated the DMCA he can be prosecuted here for that, but as long as he's not doing it in the US, whatever. I also think that if it's illegal to do in their home country then they shouldn't get out of it here because of the immunity.

[Nihil Obstat]

I'd say it's fine between two developed countries that are going to hold themselves accountable for what their diplomat does. If it's a country that's corrupt and greedy though, it's a recipe for disaster.

[Winchester]

We should all be immune; I don't like getting sick.

[picchick]

[quote name='Winchester' post='1755156' date='Jan 19 2009, 09:48 AM']We should all be immune; I don't like getting sick.[/quote]

The more you get sick, the more you become immune...

[CatherineM]

If you don't include the families, then you open up an area of coercion against diplomats. Either they have to leave their families behind them for years at a time, or they run the risk of having their son or daughter held on trumped up charges. Guys overseas alone are targets for femme fatales, and someone with their child in a foreign jail is a potential target to turn as well.

[MithLuin]

Deporting them back to their own country in the event of a crime also avoids international repercussions.

Let's say a diplomat (or family member) is charged with murder or rape (serious violent crime). If we try them in a court here, it's quite possible the fallout would be riots or retaliation against the US embassy in their home country, by people who are told the diplomat is really innocent.

It isn't entirely 'fair', no, but we want our diplomats to be treated well abroad, so we give other country's diplomats immunity.

It may be possible to have the person tried for the crime in their home country, but that will depend a lot on circumstances.

Diplomacy has all sorts of rules and etiquette governing it.

[Nihil Obstat]

[quote name='MithLuin' post='1755292' date='Jan 19 2009, 12:03 PM']Diplomacy has all sorts of rules and etiquette governing it.[/quote]
I especially like that you said this.
It seems to me that the biggest thing behind diplomatic immunity is unwritten rules and communication between nations. In a perfect world, diplomats who abuse their immunity would be quickly removed as a gesture of respect to the offended nation.

[Winchester]

[quote name='picchick' post='1755243' date='Jan 19 2009, 12:14 PM']The more you get sick, the more you become immune...[/quote]
Depends.

[Ziggamafu]

I think if they did anything majorly screwy they would face problems back home, at least losing their job.

Side-note: it would be exceedingly awesome to be the U.S. Ambassador to the Vatican. You get an apartment in Vatican City and daily, at-length audiences with the pope. Oh, and the pay isn't bad either.

[Vincent Vega]

[quote name='Winchester' post='1756722' date='Jan 20 2009, 05:36 PM']Depends.[/quote]
You only need those if you're really sick.

[Nihil Obstat]

[quote name='Ziggamafu' post='1756937' date='Jan 20 2009, 06:42 PM']I think if they did anything majorly screwy they would face problems back home, at least losing their job.

Side-note: it would be exceedingly awesome to be the U.S. Ambassador to the Vatican. You get an apartment in Vatican City and daily, at-length audiences with the pope. Oh, and the pay isn't bad either.[/quote]
That would be amazing!
Think I have a shot at Canadian ambassador? Who needs experience anyway?