Staff at consular missions based outside of London and who are inviolable, may only be detained in the case of a grave crime as detailed above or as a last resort. The FCO may request a waiver of a person's diplomatic immunity in order to arrest, interview under caution and, if appropriate, bring charges.
A diplomat cannot waive his or her own immunity. Waivers can only be granted by the sending State. The FCO requests a waiver of immunity through the diplomatic mission concerned.
However, where the Police consider that there is sufficient evidence to justify court proceedings against an individual but the Head of Mission concerned does not agree to a waiver, the FCO may ask for the withdrawal of the individual and their family or declare them personae non gratae.
Even if immunity is not waived, any other persons implicated as secondary parties to the diplomat's offence may still be prosecuted. Waivers of immunity must also be sought, where applicable, for civil or administrative jurisdiction. The High Court ruled that immunity arises at common law where the diplomatic status of that mission and of the individual in question is recognised by the Foreign and Commonwealth Office on behalf of HM Government.
The Court of Appeal held that the Divisional Court had been correct to hold that a rule of customary international law had been identified which obliged a state to grant to the members of a special mission which the state accepted and recognised as such immunity from criminal proceedings for the duration of the special mission's visit: [] EWCA Civ , [] All ER D Jul. There, it was held that a former member of the diplomatic staff in London and his wife were not entitled to diplomatic immunity from the claim brought against them by the appellant their domestic servant as the employment and mistreatment of the appellant was not an act in the exercise of the diplomatic functions of the mission contrary to Article 39 2 of the VCDR.
While diplomatic premises in the UK are part of UK territory, they are inviolable and may not be entered without the consent of the Ambassador or Head of Mission. See DPA section 2 1 and Schedule 3. Any offences committed in diplomatic premises in the UK are triable under the ordinary principles of English law, subject to the principles of diplomatic immunity for those who have it.
Those who do not have this status whatever their nationality can be prosecuted as normal, as for example happened in the case of the terrorists who seized the Iranian embassy in London in The definition of diplomatic premises is buildings or part of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of mission VCDR , Article 1 i. Similarly, while consular premises in the UK are part of UK territory, they are inviolable and may not be entered without the consent of the heard of the consular post or of the head of the diplomatic mission see VCCR , Chapter 2, Article The definition of consular premises is buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used exclusively for the purposes of the consular post see VCCR , Article 1 j.
The guidance must be followed in all cases where a person has diplomatic immunity, claims to have diplomatic immunity or is believed to have diplomatic immunity. If a person with diplomatic immunity is the victim or witness to a crime, the officer in the case should request a waiver of immunity. Similarly, if a diplomat or an entitled family member is suspected of a crime, a waiver using the same form must be applied for before any investigation commences.
However, they are otherwise fully subject to criminal prosecution, except that they may be detained only in felony cases. No such exception applies to their family members, who enjoy no immunity at all. Their property can be searched by police officers. They can also be sued like private citizens—although they are prohibited by international law from engaging in commercial or professional activities outside their official functions.
Consulates' administrative and technical staff are not prohibited from engaging in commercial or professional activities outside their official functions. However, they enjoy immunity only for acts performed in connection with their official functions.
Other consular employees enjoy almost no immunity, except that they cannot be forced to appear as witnesses in U. Here again, there are exceptions. Consular personnel may acquire almost as much immunity as diplomatic agents based on a special treaty between their home country and their host country.
No immunity applies to consular personnel who are nationals or permanent residents of the host country, except that honorary consuls enjoy immunity for acts performed in connection with their official functions.
Interestingly, international law is often less important than national laws when it comes to defining the immunity of representatives and personnel of international organizations such as the United Nations or the International Monetary Fund.
Under U. Similarly, most international organization personnel enjoy immunity only for acts performed in connection with their official function, while some but not all high-ranking officials may sometimes enjoy almost as much immunity as diplomatic agents.
Diplomatic immunity does not mean that its beneficiaries can do whatever they want and get away with it. Police officers are allowed to disregard it whenever necessary to prevent a grave crime or an imminent danger to public safety. In cases of traffic violation, even though diplomatic vehicles may not be impounded, police officers are still allowed to issue citations, and host governments may suspend driving privileges.
In addition, host countries can request that home countries waive a crime suspect's immunity. In the alternative, host countries may expel the suspect from their territory. Finally, especially when the principle extends only to acts performed in connection with official functions, it is important to note that it is host country judges themselves who get to define the limits of immunity. News reporter.
A scandal has erupted over whether the wife of a member of US diplomatic staff should have been granted diplomatic immunity after the car she was allegedly driving was involved in a fatal crash. Harry Dunn, 19, was killed in an accident near RAF Croughton, an American spy base, in Northamptonshire on 27 August, leaving his family " utterly broken ".
Diplomatic immunity is a form of legal protection awarded to diplomats to allow them to avoid the force of the law in their host countries. Sunisa Lee: Olympic gold medallist says she was pepper-sprayed in racist attack while waiting for Uber.
Please use Chrome browser for a more accessible video player. If a member of an embassy or other mission staff has diplomatic immunity, they can avoid a police investigation or prosecution if they commit a crime, or can avoid the need to defend themselves in a civil suit.
In order for them to face justice in their host country, the country that employs them would have to waive immunity. The VCDR obliges members of a diplomatic mission to respect the laws of their host countries. The ongoing viability of the treaty and relations between countries are determined by how much respect is afforded. Dutch diplomats can also use their influence to remind receiving states of their international obligations, for instance to comply with human rights.
Diplomatic immunity only works if every country, including ours, abides by the rules. The way that the Netherlands treats foreign diplomats has an impact on how other countries treat our diplomats. We must treat foreign diplomats in the Netherlands with the same respect and in accordance with the same standards that we expect of others abroad. The Vienna Convention does not give diplomats carte blanche for misconduct. Diplomatic immunity does not place diplomats above the law and diplomats are obliged to conduct themselves in accordance with the laws of the receiving state.
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