How old is diplomatic immunity

Diplomatic immunity only works if every country, including ours, abides by the rules. The way that the Netherlands treats foreign diplomats has an impact on how other countries treat our diplomats. We must treat foreign diplomats in the Netherlands with the same respect and in accordance with the same standards that we expect of others abroad. The Vienna Convention does not give diplomats carte blanche for misconduct.

Diplomatic immunity does not place diplomats above the law and diplomats are obliged to conduct themselves in accordance with the laws of the receiving state. Long ago, diplomats acted as a form of guarantee for the good conduct of the sending state.

But this happens only when the home country and the host country enter a special agreement or treaty for that purpose.

Moreover, home country governments can waive diplomatic immunity. Finally, no immunity applies to embassy employees or the family members of such employees who are nationals or permanent residents of the host country. Consular officers career consuls and other foreign government officials responsible for issuing travel documents, promoting commerce or tourism, and similar functions enjoy full immunity for acts performed in connection with their official function.

However, they are otherwise fully subject to criminal prosecution, except that they may be detained only in felony cases.

No such exception applies to their family members, who enjoy no immunity at all. Their property can be searched by police officers. They can also be sued like private citizens—although they are prohibited by international law from engaging in commercial or professional activities outside their official functions. Consulates' administrative and technical staff are not prohibited from engaging in commercial or professional activities outside their official functions.

However, they enjoy immunity only for acts performed in connection with their official functions. Other consular employees enjoy almost no immunity, except that they cannot be forced to appear as witnesses in U. Here again, there are exceptions. Consular personnel may acquire almost as much immunity as diplomatic agents based on a special treaty between their home country and their host country. No immunity applies to consular personnel who are nationals or permanent residents of the host country, except that honorary consuls enjoy immunity for acts performed in connection with their official functions.

Interestingly, international law is often less important than national laws when it comes to defining the immunity of representatives and personnel of international organizations such as the United Nations or the International Monetary Fund. Under U. Similarly, most international organization personnel enjoy immunity only for acts performed in connection with their official function, while some but not all high-ranking officials may sometimes enjoy almost as much immunity as diplomatic agents.

Diplomatic immunity does not mean that its beneficiaries can do whatever they want and get away with it. Police officers are allowed to disregard it whenever necessary to prevent a grave crime or an imminent danger to public safety.

This extends to all jurisdictions whether civil, criminal, or administrative. Thus, a diplomatic envoy who commits an unlawful act in the state where he is accredited for the diplomatic mission cannot be prosecuted in the local courts.

The general reasoning behind the jurisdiction of criminal matters is to prosecute and punish those people who commit unlawful or illegal acts. Immunity from criminal jurisdiction of a diplomatic agent which is provided in Article 31 states that the diplomatic agent cannot be put forth before the courts of criminal jurisdiction of that host state for any illegal acts or offenses committed in that State, which is contrary to the very spirit of the rule of law and justice.

It is also considered as a general rule of International law in compliance with the purposes and principles of the UN charter. Reciprocity in international law can be best described as a creator of a balance between the interests and actions of the state. The Reciprocity principle plays a prominent role in a decentralized system of public international law where there is no overruling legal authority to establish, adjudicate, or to enforce all International rules.

The principle or rule of reciprocity in international relations suggests creating an environment where the states help and support each other under a reciprocal relationship for a particular, short, or long-term advantage through the means of balance in their rights, interest, and duties. Issue: Whether sultan Johor will get diplomatic immunity or not? Principle: Foreign sovereign shall be treated as an independent sovereign and therefore should have immunity from the local jurisdiction.

The principle of personal inviolability is a very old established rule of diplomatic law which has a very close relation to the concept of diplomatic immunity. The increasing involvement of states in World Trade activities led to the development of a more restrictive approach to State Immunity, where a distinction is drawn between acts of a foreign sovereign nature acta jure imperii and acts of a commercial nature acta Jure gestionis.

Under this restrictive approach, Immunity is only available in respect of acts resulting from the exercise of a Sovereign power. As such States may not claim immunity in respect of commercial activities or over commercial assets.

The principle of diplomatic immunity is a very well-established principle of International law. Diplomacy is a foundational fact of international life without which international life will be at risk.

The concept of Diplomatic Immunity is very important for the promotion of friendly and healthy relations among the states- be it for the purpose of trade, security, peace, or their cultural relations. The Vienna Convention is considered as the major success stone of the United Nations. In this, the Diplomats are provided immunity to effectively perform their functions being the representative of the Head of State.

Although, all the rights and immunities provided to the diplomats are not absolute they can be compromised within certain exceptions provided. LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities.

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