The misconception of diplomatic immunity, how does it work
The comprehensive report on the privileges and immunity enjoyed by diplomats
Tuesday, 26th November 2019
Diplomatic immunity is a form of legal immunity that ensures diplomats are given safe passage and are considered not susceptible to lawsuit or any kind of prosecution under the host country’s laws. The comprehensive detail has been coded in the Viana Convention on Diplomatic Relations Done at Vienna on 18 April 1961. The report comprising 52 Articles provides a broad presentation of decisions pertaining to diplomatic immunity in the Vienna convention.
Having in mind the purposes and principles of the Charter of the United Nations concerning the sovereign equality of states, the maintenance of international peace and security and the promotion of friendly relations among nations. The immunity would contribute to the development of friendly relations among nations, irrespective of their differing constitutional and social systems.
The heads of mission are divided into three classes, first is that of ambassadors or nuncios accredited to heads of State. Second, that of envoys, ministers and internuncios accredited to heads of states and finally, third is that of chargés d’affaires accredited to Ministers for Foreign Affairs.
What is diplomatic immunity?
The diplomatic immunity is the protection give under the international law to foreign diplomats and their families to protect them while working in receiving country. The establishment of diplomatic relations between states and of permanent diplomatic missions takes place by mutual consent.
It is significant to mention that the immunity is not provided by the sending State of the diplomat. Yet, the immunity is provided by the State receiving the diplomat from another state. It means the diplomat of any Caribbean country will be liable for due diligence by the United Kingdom or any other European, Asian country in which he or she is appointed as a diplomat. Therefore, the receiving country will provide immunity to the diplomat, not sending country.
The sending State may after it has given due notification to the receiving States concerned, accredit a head of mission (diplomat) as their representative unless there is express objection by the receiving State. Two or more states may authorize the same person as head of mission to another country unless any of the receiving states offer an objection.
Members of the diplomatic staff of the embassy should in principle be of the nationality of the sending State. So, the members of the diplomatic staff of the mission may not be appointed from among persons having the nationality of receiving State, except with the consent of the State which may be withdrawn at any time.
- Immunity from search requisition, attachment or execution or their transport and residential properties.
- The diplomat shall be exempt from all national, regional or municipal dues and taxes, whether owned or leased.
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