diplomatic immunity


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diplomatic immunity

the immunity from local jurisdiction and exemption from taxation in the country to which they are accredited afforded to diplomats

Immunity, Diplomatic

 

the total body of rights and privileges granted to the diplomatic representatives of foreign states and their employees. The norms of international law regulating questions of diplomatic immunity were codified in the Vienna Convention on Diplomatic Relations of 1961 (the USSR is a party). In the USSR, questions of diplomatic immunity are regulated by the Statute on Diplomatic and Consular Delegations of Foreign States on the Territory of the USSR of May 23, 1966.

Diplomatic immunity includes the privileges and immunities of diplomatic representatives and the personal privileges and immunities of the heads and personnel of diplomatic delegations. The diplomatic immunity of a delegation includes the inviolability of premises and archives, freedom of communications with the delegation’s own government, the right to display the flag and national emblem of the state represented on the building of the diplomatic delegation, freedom from taxes and duties, and customs privileges. Inviolability of the premises of a delegation (the building and portions of buildings used for the purposes of the delegation) means that the authorities of the state of residence have the right to enter these premises only with the consent of the head of the delegation. The state of residence is obliged to take all necessary measures to protect the premises of the delegation from all incursions and damage and to prevent all disruptions of the tranquillity of the delegation. The premises of the delegation, articles of furniture, and other property of the delegation enjoy immunity from search, requisition, seizure, and executive actions.

In contemporary international law, it is universally recognized that inviolability of diplomatic premises does not give the right to grant asylum to individuals sought by the authorities of the country of residence. An important element of diplomatic immunity is the right of free communication with the delegation’s own government.

Personal privileges and immunities include the personal immunity and inviolability of the homes of diplomats, immunity from jurisdiction, customs privileges, and freedom from taxes and obligations. A diplomatic employee may not be arrested or detained. The authorities of the state of residence must take all reasonable measures to prevent any encroachment upon the person, freedom, and dignity of a diplomat. The diplomat enjoys immunity from jurisdiction: he cannot be made answerable criminally, administratively, or civilly (with certain exceptions) in the state of residence; he is not obligated to testify in court as a witness. Diplomats enjoy fiscal immunity: they are released from the payment of taxes and duties of every kind. Customs duties are not levied on the articles of personal consumption of a diplomat and his family, and the personal baggage of a diplomat is not subject to customs inspection.

Trade delegations and their employees also enjoy diplomatic immunity.

I. K. GORODETSKAIA

References in periodicals archive ?
The post South Africa to grant Grace Mugabe diplomatic immunity appeared first on Cyprus Mail .
Perhaps the most popular illustration of the limits to diplomatic immunity was the denial of diplomatic immunity to Dominique Strauss-Kahn, a French economist and former presidential hopeful who faced sexual assault charges in New York in 2012, when he was head of the International Monetary Fund (IMF).
But Jose said the suspects could not waive their right to diplomatic immunity to try and remain in the Philippines.
11) Overall, diplomatic immunity in domestic relations cases creates confusion, does not support the policy behind it, and leaves families struggling without redress.
After India declined to waive her newly acquired diplomatic immunity in order to let the case against her proceed, the US State Department asked for her immediate departure from the country.
Due to the infrequency with which a country agrees to waive immunity and the significant costs involved in persona non grata procedures, debates over diplomatic immunity have generally focused on the application and permissible scope of the three exceptions enumerated in Article 32.
Kumar said when the district magistrate of Baramulla met the trade and travel director general of cross LoC trade, Brigadier (retired) Muhammad Ismail Khan, to resolve the impasse, he was surprised to hear the Pakistan official claim that as per the trade pact, these people have diplomatic immunity.
One possible scenario to solve the crisis would be that she receives full diplomatic immunity in her U.
Diplomatic immunity, as established in the 1961 Vienna Convention on Diplomatic Relations, was created in order to facilitate diplomats in their duties.
According to media reports, police were called, but under diplomatic immunity she could not be charged or arrested for the offence.
21 -- The External Affairs Ministry on Tuesday told the Madras High Court that it could not arrest Lankan Minister Douglas Devananda, who was wanted in connection with a firing case in the city in 1987 as he enjoyed diplomatic immunity.
He added "the Americans offered to rent the sites that they would have as bases and asked to grant them diplomatic immunity and not to implement the Iraqi law on them, and to be affiliated to the US embassy.