Guidelines

Are there any exceptions to diplomatic immunity?

Are there any exceptions to diplomatic immunity?

There are exceptions. In rare cases, both the second and third categories of embassy personnel above may enjoy as much immunity as diplomatic agents. But this happens only when the home country and the host country enter a special agreement (or treaty) for that purpose.

Who has diplomatic immunity in Australia?

Who has immunity in Australia? In Australia, foreign officials accredited to diplomatic missions in Canberra and to consular posts in other capital cities are afforded immunities. Additionally, some immunities are also afforded to other parties including: Representatives of international organisations.

What is an example of diplomatic immunity?

Diplomats and their families have also been known to use diplomatic immunity to avoid prosecution for criminal behavior. For example, in a 1983 case the New York City Police Department suspected a diplomat’s son of 15 different rapes.

Can diplomatic immunity be waived?

The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 37 may be waived by the sending State. 2. Waiver must always be express.

What does diplomatic immunity entitle you to?

Diplomatic immunity helps diplomats do their job and the host country is required to “take all appropriate steps to prevent any attack on his person, freedom or dignity”, which in practice could mean harassment from the police and security services.

What crimes does diplomatic immunity cover?

At the highest level, actual Diplomatic Agents and their immediate families are considered immune from criminal prosecution and civil lawsuits. Top-level ambassadors and their immediate deputies can commit crimes — from littering to murder — and remain immune from prosecution in the U.S. courts.

Do diplomats pay taxes?

Employees of foreign governments need not be diplomats or enjoy “diplomatic status” in order to qualify for tax exemption. As a general rule, members of the diplomatic staff, administrative staff, technical staff and service staff of most foreign missions to the U.S. are exempt from federal and state taxes.

Who can waive diplomatic immunity?

The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 37 may be waived by the sending State.

What do diplomats actually do?

Diplomats are responsible for overseeing international relations regarding peace deals, trade and economics, culture, human rights, and the environment. Their work also includes negotiating treaties and international agreements, long before politicians endorse them.