Diplomatic Immunity: What Happens When Ambassadors Break The Law?

Ambassadors and other diplomatic staff are generally afforded diplomatic immunity, which means they are immune from criminal prosecution as well as most civil suits in their host country. However, this does not give them a license to defy the law. If a diplomat commits a serious crime, their home country may waive immunity and allow the host country to prosecute. Alternatively, the home country may prosecute the individual on its own accord or through the insistence of the host country. In the case of minor violations, the sending state may impose administrative procedures specific to the foreign service or diplomatic mission.

Diplomatic immunity

• Any events associated with individual stationary property in the land of the receiving state.
• Any events regarding a diplomat serving as another role from another state, including heir, inheritor of a will, executor, or administrator.
• Any activity by a diplomat, in the receiving state, that is related to any professional or commercial operations beyond the scope of their directed responsibilities.

In addition, the Vienna Convention explicitly states that "it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving state."

Prosecution by the home country

The home country of an ambassador who has broken the law may choose to waive the individual's diplomatic immunity, allowing the host country to prosecute. However, this is a rare occurrence, as most countries are reluctant to take this step. Instead, the home country may prosecute the ambassador itself or at the insistence of the host country. Alternatively, the home country may impose sanctions or other administrative procedures specific to the foreign service or diplomatic mission.

The home country may also recall the ambassador or expel them from the host country. In some cases, the diplomat's visas may be revoked, and they and their family may be barred from returning to the host country.

If the ambassador is found guilty and sentenced, the home country may allow them to serve their sentence in their home country rather than in the host country.

In addition to criminal prosecution, the home country may also face civil lawsuits or other legal consequences arising from the ambassador's actions. For example, in the case of unpaid debts or parking fines, the host country may pressure the home country to take action to resolve the issue.

It is important to note that the decision to waive diplomatic immunity or take other actions rests with the home country and cannot be forced by the host country. The home country must carefully consider the potential impact on diplomatic relations before making any decisions regarding the prosecution of one of its ambassadors.

Host country waiving immunity

Diplomatic immunity is a principle of international law that grants foreign government officials immunity from the jurisdiction of another country. It is designed to facilitate relations between states and allow their representatives to conduct their duties freely and safely. However, diplomats are still expected to "respect the laws and regulations of the receiving state" and immunity is not a "get-out-of-jail-free" card.

In most cases, the host country cannot waive the immunity of diplomats; this authority lies with the diplomat's home country. The host country can request that the diplomat's home country waive immunity, typically in the case of serious crimes unrelated to their diplomatic role, and the home country may agree to this request. However, many countries refuse to waive immunity as a matter of course. Alternatively, the home country may choose to prosecute the individual or allow the host country to do so.

If immunity is not waived, the host country can declare the diplomat persona non grata and expel them. They may also revoke the diplomat's visas and bar them and their family from re-entering the country.

For example, in 2018, a UN diplomat from South Sudan claimed diplomatic immunity and was released from jail in New York City after being accused of rape. He returned to South Sudan, where he was suspended from his duties and faced an investigation. In another instance, a Russian diplomat in the Netherlands was arrested for drunk and violent behaviour towards his children, which led to a diplomatic row between the two countries.

Recall by the home country

The home country of an ambassador who has broken the law may choose to recall them immediately, at the request of the host country. This is often done to avoid the host country revoking the diplomat's immunity and allowing for prosecution.

In most cases, the home country will be reluctant to allow this, and instead, the diplomat will face sanctions at home. However, in some cases, the home country may choose to prosecute the individual themselves, or through the insistence of the host country. This is usually done when the diplomat has committed a serious crime unrelated to their diplomatic role.

If the ambassador in question is found to have violated minor laws, the sending state may impose administrative procedures specific to the foreign service or diplomatic mission.

In some cases, the home country may waive immunity, allowing the host country to prosecute. However, this is a rare occurrence, as many countries refuse to waive immunity as a matter of course.

It is important to note that the recall of an ambassador is a political decision rather than a legal one and is often influenced by the nature of the crime and the relationship between the two countries.

Minor vs major crimes

Ambassadors are the highest-ranking diplomats of their home country in a host country. They are responsible for maintaining diplomatic relations, promoting trade, and protecting the interests of their home country. They are typically appointed to countries with which their home country maintains formal diplomatic relations.

Ambassadors, like other diplomats, are accorded diplomatic privileges and immunities, which include exemption from certain local laws and customs. This means that they cannot be handcuffed, arrested, detained, or prosecuted by law enforcement officials of the host country. Their property or residences also cannot be entered or searched. However, diplomatic immunity is not a "get-out-of-jail-free" card and ambassadors are still required to respect the laws and regulations of the host country.

In the case of minor crimes, such as petty theft, traffic violations, or a housekeeper stealing someone's wallet, an ambassador may be turned over to local authorities and the embassy would likely cooperate with the investigation. On the other hand, major crimes such as violent crimes or espionage would likely result in negotiations between the countries involved to decide the appropriate course of action.

It is important to note that not all embassy staff have diplomatic immunity. Technical, administrative, and service staff, as well as nationals or permanent residents of the host country, are usually not granted immunity. Additionally, embassies are not always considered sovereign territory of the country they represent, and the host country's laws still apply.

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