The concept of “diplomatic immunity” is complex, as it is understood by countries differently. And there were examples in history. Defining it is pretty easy, and explaining how it works is already harder. But let's take a look at who is given the right to diplomatic immunity, what it means.
Historical background
Probably the best example is a hypothetical one. Even the ancient peoples had their own ethical standards. It was not customary to offend strangers who arrived with any mission to the ruler. The world was gradually changing, there were more and more players in the international arena, this led to an increase in the number of problems and incidents. Representative functions abroad are performed by special civil servants - diplomats. These are not just citizens, but part of the country that sent them. To kill or cripple a representative means to offend the state. That is, the diplomat’s status is high.
In order to prevent countries from falling into the “incident of belli” situation and not thinking whether to wage a war or wait, the international community had to agree on how to protect these representatives. Special documents were adopted, that is, a legal framework was created. And so the concept of “diplomatic immunity” arose. It means disobedience of another public servant to the legislation of the host country. However, decoding the term is much more complicated and is constantly supplemented by practice.
What is diplomatic immunity?
Under the concept under consideration, it is customary to mean a set of rules relating to official representatives of other countries. That is, diplomatic immunity (immunity) is absolute security:
- personality;
- residential and office premises;
- property;
- jurisdiction;
- exemption from searches and taxation.
In our definition, the word “official” is extremely important. That is, the rules of immunity apply only to persons whose authority is confirmed by special documents.
Legal basis
The Vienna Convention is considered the most famous document that describes diplomatic immunity. It was adopted in 1961. This is an agreement between countries that have defined rules and norms for diplomats - official representatives of states. It regulates the procedures by which relations between countries are established and terminated. In addition, the convention contains a list of the functions of diplomatic missions, explains how they are accredited, and resolves other issues.
The scope of immunity of diplomats is also described in this document. Typically, the parties develop a relationship with diplomats on a reciprocal basis, that is, they act symmetrically. In the international arena, immunity is confirmed by a diplomatic passport. This is a special type of document that is issued to an official representing the state. It is used in the process of relations with the authorities of the host country. His presentation exempts the holder from the usual duties of foreigners, for example, customs inspection.
Diplomatic Mission Immunity Issues
In international relations, there have been many cases where the immunity of foreigners has been neglected. A classic example is Pinochet, the former president of Chile. This man went to the UK for treatment. During the trip, he had the lifelong status of the senator of his country. Such persons, as a rule, are immune. But Pinochet was arrested in the host country. Officials did not respond to the presentation of a diplomatic passport. The former president was subjected to a judicial procedure, during which a medical examination was also conducted.
But under the agreement, persons with diplomatic immunity are not subject to the laws of a foreign state. That is, an incident arose that required clarification. English lawyers naturally found excuse for the actions of the authorities. They argued that only those who have a task from their state possess immunity. Pinochet did not have official accreditation confirming the existence of a mission. The government of Chile was also unable to provide documents that sent him to the UK. Despite the protests, the former president and current senator were not released.
