Diplomatic Immunity :: essays research papers

Diplomatic ImmunityINTRODUCTIONUnited Kingdom, 1982While unloading the ship which carried the embassys materials, one box marked" fellowship effects" dropped from a forklift. More than six hundred pounds ofmarijuana worth 500,000 British pounds (1982 prices) spilled dockside.For centuries governments have used ambassadors, and diplomatistists to representtheir nation. These special envoys have done everything from adjudicate years ofconflict, deciding on how much humanitarian relief will be sent to a nation, orjust being present at diplomatic dinners and ceremonies. These people have beenthe vital link between nations, and they have enjoyed complete right from thelaw of the host nation. Originally this immunity was extended as a courtesy toallow for an uneventful stay in the host country. While in a foreign country onofficial business, the diplomat would be granted exemption from arrest ordetention by local authorities their actions not subject to civil or criminallaw. F or the long-lasting time this privilege produced little or no incidents.However, this unique position of freedom that diplomats, their family, and staffhave been graced with has not been so ideal. Recently the occurrences of abusefor individualized or national gain has grown out of proportion. What once protectedthe diplomat and his staff from parking tickets and some differing social laws,now grants them protection under(a) the law to commit crimes such as drugtrafficking, kidnapping, rape, and murder. Even though serious crimes are rareand punishable to various extents in most countries, domestic authorities wereforced to look the other way. While it would be convenient to believe that thesix hundred pounds of marijuana was sent for personal consumption at the embassy,it is evident a small drug trafficking ring was being protected under the guiseof diplomatic immunity.HISTORY/DESCRIPTIONThe international community has act to develop a universally accepted set ofnorms governin g the conduct and privileges of diplomats abroad. These a couple of(prenominal)Articles from the convention show the good faith of the conventionArticle 29 Diplomats are inviolable exempt from any arrest/detention.Article 31 Diplomats are exempt from criminal jurisdiction, they can be triedonly if immunity is waived.Article 32 Only the sending country can waive immunityArticle 41 Diplomats should still respect the laws and regulations of the hoststate.Baring few changes, the 1961 Vienna Convention on Diplomatic Relations remainsthe basis for interaction between states. This convention tackles the problem bydividing the privileges of immunity into four classes. The diplomat and hisfamily enjoy "complete" immunity. They cannot be arrested, detained or taxed.They do not fall into the realm of jurisdiction of the host country.