Diplomatic Immunity: A License To Break Laws?

Diplomatic immunity is a principle of international law that protects certain foreign government officials from the jurisdiction of another country. While it is intended to facilitate relations between states, allowing diplomats to perform their duties freely and safely, it has also been criticised as a get away with murder policy. So, how often do people with diplomatic immunity break the law?

How often do diplomats abuse their immunity?

Diplomatic immunity is a principle of international law that protects certain foreign government officials from the jurisdiction of another country. It allows diplomats safe passage and freedom to travel in a host country, protecting them from local lawsuits and prosecution. While it is designed to facilitate relations between states, allowing diplomats to perform their duties without hindrance, it has, on occasion, been abused.

The Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963 are the international agreements that codified most modern diplomatic and consular practices, including diplomatic immunity. The conventions provide immunity based on rank and the need for immunity in performing duties. For example, diplomatic agents and their immediate families are immune from all criminal prosecution and most civil lawsuits.

While the vast majority of those with diplomatic immunity are law-abiding, there have been instances of abuse. Immunity does not give diplomats a license to commit crimes, but violations have occurred, including espionage, smuggling, child custody law violations, money laundering, tax evasion, making terrorist threats, slavery, child solicitation, and murder.

Some examples of immunity abuse include:

• In 1984, Yvonne Fletcher, an on-duty police officer in London, was murdered by a person shooting from inside the Libyan embassy. This caused a breakdown in diplomatic relations until Libya admitted "general responsibility" in 1999.
• In 1987, Terrence Karamba, a 9-year-old boy, was placed in a foster home after showing signs of physical abuse. He and his 7-year-old sister reported that their father, Floyd Karamba, an administrative attaché at the Zimbabwean Mission to the UN, had inflicted the wounds. No charges were filed due to Karamba's diplomatic immunity.
• In 1999, a Bangladeshi woman, Shamela Begum, claimed she had been enslaved and abused by a senior Bahraini envoy to the United Nations and his wife, who invoked diplomatic immunity.
• In 2018, Saudi journalist Jamal Khashoggi was killed by Saudi officials inside the Saudi embassy in Turkey. Turkish police were not allowed to enter the premises.
• In 2019, Anne Sacoolas, the wife of a US intelligence agent, struck and killed British teenager Harry Dunn with her car while driving on the wrong side of the road. Sacoolas claimed diplomatic immunity and fled the UK.
• In 2022, a UN diplomat from South Sudan, Charles Dickens Imene Oliha, claimed diplomatic immunity and was released from jail in New York City after being accused of raping a woman twice in her apartment building.

These cases highlight the challenges of balancing the protection of diplomats with ensuring justice and accountability. While diplomatic immunity is crucial for international relations, addressing its potential for abuse is essential to maintain the integrity of the system.

What are the consequences of immunity abuse?

Immunity abuse by diplomats can have serious consequences, ranging from the minor to the severe.

Diplomats abusing their immunity can be expelled from the host country, with their visas revoked, barring them and their families from returning. This is what happened to a Malaysian diplomat in New Zealand, who was accused of burglary and assault with intent to rape.

Diplomats can also be sent home or recalled by their home country, as was the case with a North Korean diplomat in Bangladesh, who was found to be carrying $1.4 million worth of illegal gold in his bag.

In more serious cases, diplomatic immunity can be waived by the diplomat's home country, allowing them to be tried in a local court. This is a rare occurrence, reserved for serious crimes not connected to their diplomatic duties. An example of this was in 2002, when the Colombian government waived immunity for one of its diplomats in London, who was then prosecuted for manslaughter.

In extreme cases, diplomatic immunity abuse can lead to the breakdown of diplomatic relations between the diplomat's home country and the host country. This happened in 1984 when a Libyan embassy worker in London opened fire on anti-Gadhafi protesters outside the embassy, killing a police officer and injuring 10 others. The countries' diplomatic relations were torn apart, and the workers were expelled from the country.

Diplomatic immunity abuse can also result in financial consequences for the diplomat and their home country. For example, unpaid parking fines by diplomats in New York City have amounted to over $16 million. In some cases, diplomats have been known to rack up large debts, which their home countries have refused to pay, citing diplomatic immunity.

Finally, in rare instances, abuse of diplomatic immunity can lead to public outrage and international incidents. For example, in 1997, a Georgian diplomat in the US caused a five-car pileup that killed a 16-year-old girl. The diplomat had a previous record of driving offenses, and his immunity was revoked by Georgia. He was sentenced to seven years in prison.

Can diplomats be prosecuted in their home countries?

Diplomatic immunity is a principle of international law that provides foreign diplomats with a degree of protection from criminal or civil prosecution under the laws of the countries hosting them. It is designed to facilitate relations between states by allowing their respective representatives to conduct their duties freely and safely, even during periods of political tension and armed conflict.

Diplomats are not entirely immune from the jurisdiction of their host country. They may still be declared persona non grata and expelled. However, they can be prosecuted in their home countries. Diplomatic immunity can be waived only by the government of the official's home country, typically when the official commits or witnesses a serious crime unrelated to their diplomatic role. Alternatively, the home country may prosecute the individual on its own accord or through the insistence of the host country.

For example, in 2002, the Colombian government waived the diplomatic immunity of one of its diplomats in London, who was then prosecuted for manslaughter. In another instance, a high-ranking Georgian diplomat, Gueorgui Makharadze, caused a five-car pileup in Washington, DC, which killed a 16-year-old girl. Due to public outrage and his previous record of driving offenses, Georgia revoked Makharadze's immunity, and he was sentenced to seven years in prison.

In reality, most diplomats are representatives of nations with a tradition of professional civil service and are expected to obey regulations governing their behaviour. Violation of the law by diplomats has included espionage, smuggling, child custody law violations, money laundering, tax evasion, making terrorist threats, slavery, child solicitation, and murder.

What are the limits of diplomatic immunity?

Diplomatic immunity is a principle of international law that provides foreign diplomats with a degree of protection from criminal or civil prosecution under the laws of the countries hosting them. It is designed to facilitate relations between states by allowing diplomats to conduct their duties freely and safely, even during periods of political tension and armed conflict.

The Vienna Convention on Diplomatic Relations, which has been ratified by almost every country in the world, states that all "diplomatic agents" should be granted "immunity from the criminal jurisdiction of the receiving [S]tate". They are also granted immunity from civil lawsuits unless the case involves funds or property not related to diplomatic assignments.

However, diplomatic immunity is not absolute and has certain limits. Here are some key points regarding the limits of diplomatic immunity:

• Immunity is based on rank and need: Diplomatic immunity is granted based on the individual's rank and the need to carry out their diplomatic mission without interference from personal legal issues. Lower-ranking officials have a weaker form of protection called "functional immunity," which covers only crimes committed within the scope of their regular work responsibilities.
• Extradition and prosecution: While diplomats cannot be arrested or prosecuted in the host country, their home country can waive immunity and allow them to be extradited and prosecuted in the host country. Alternatively, the home country can choose to prosecute them in its own courts.
• Expulsion: Diplomats can be declared "persona non grata" and expelled from the host country at any time. This is often done when diplomats are suspected of serious crimes or when their presence is no longer considered desirable.
• Traffic violations: Contrary to popular belief, diplomats can be issued traffic citations and fined for traffic violations. However, they cannot be arrested or forced to pay the fines.
• Serious crimes: In cases of serious crimes, such as murder or espionage, the home country may waive immunity to allow prosecution in the host country.
• Family and domestic staff: Diplomatic immunity does not extend to the family members or domestic staff of diplomats. They can be subject to prosecution if they commit crimes in the host country.
• Commercial and financial activities: Diplomats are not immune from civil lawsuits involving commercial or financial activities outside their diplomatic duties, such as unpaid rent, taxes, or child support.
• Respect for local laws: While diplomats have immunity, they are expected to respect the laws and regulations of the host country. Repeated or serious violations of local laws can lead to expulsion or other consequences.
• Bilateral agreements: The specific immunities and privileges granted to diplomats may vary depending on bilateral agreements between the host country and the diplomat's home country.
• Limitations on travel: Diplomatic immunity may be limited to officials who are accredited to a host country or travelling to or from that country. It may not apply if a diplomat commits a crime outside the country where they are posted.

How do countries handle immunity abuse?

Immunity abuse by diplomats is a serious issue that ranges from non-payment of traffic fines to serious felonies like rape, domestic abuse, and murder. Here are some ways in which countries handle immunity abuse:

Requesting Waiver of Immunity

When a diplomat or an individual with diplomatic immunity is accused of committing a crime or faces a civil lawsuit in a host country, the host country's government can request the individual's home country to waive their diplomatic immunity. This allows the case to be handled by the legal system of the host country. However, many countries are hesitant or refuse to waive immunity, especially if the crime is not considered serious or related to the individual's diplomatic duties.

Voluntary Withdrawal and Expulsion

If the home country refuses to waive diplomatic immunity, the host country's government can formally request the individual to withdraw from their diplomatic post and leave the country. Additionally, the host country may cancel the diplomat's visa, barring them and their families from returning. This is often done in cases where the crime is considered a serious breach of local laws or a threat to national security.

Prosecution in Home Country

In some instances, the diplomat's home country may choose to prosecute them in their own courts, especially if the crime is deemed serious and there is strong evidence. This was the case in 1997 when Georgia waived the immunity of one of its diplomats in the US, who was subsequently tried and convicted of manslaughter.

Bilateral Agreements

Diplomatic immunity is based on the principle of reciprocity, where countries agree to grant similar immunities and privileges to each other's diplomats. In cases of immunity abuse, countries may rely on bilateral agreements or treaties to resolve disputes and determine the appropriate course of action.

International Law and Conventions

The 1961 Vienna Convention on Diplomatic Relations, which has been ratified by most countries, provides a framework for handling immunity abuse. It grants diplomatic agents immunity from criminal and civil jurisdiction of the host country but allows for waivers in certain circumstances. The convention also outlines the responsibilities of diplomats, stating that they have a duty to respect the laws and regulations of the receiving state.

Diplomatic Strategies

In the case of the United States, the government tends to be cautious in accusing or prosecuting visiting diplomats due to the large number of US diplomats serving in countries with restricted individual rights. The US aims to maintain reciprocity in the treatment of diplomats to ensure the safety and immunity of its own diplomatic personnel serving abroad.

Frequently asked questions