We have all seen it in the movies, a criminal character is caught by police and the only words out of his mouth is “diplomatic immunity.” The cops put down their guns and sigh in resignation. So what is diplomatic immunity, and how does it work within our law?
The public at large perceive diplomatic immunity as a get out of jail free card. We see incidents in the news of diplomats caught up in nefarious activities or in compromising situations and then seemingly avoid the legal process that would inevitably follow if it were one of us.
While it may seem unfair on the surface, the agreement between governments is there to smooth foreign relations and to offer our overseas personnel the same protections. It isn’t used as an excuse to misbehave and avoid the law. It is used to provide a framework within which we can secure our people while working abroad.
So What is Diplomatic Immunity?
Diplomatic immunity protects the location of a diplomatic mission from search. Diplomatic personnel are immune from criminal prosecution as well as most civil lawsuits in the host country.
In return, the diplomatic personnel must respect the laws and regulations of their host country. It isn’t a get out of jail free card. It can be revoked at any time, and the government of the diplomat can choose to cooperate in any prosecution of their staff if the case is compelling enough.
If a diplomat breaks the law, the home country can revoke a diplomat’s immunity and allow the host country to prosecute. Most countries are reluctant to take this step though. Diplomats most often face disciplinary or legal proceedings at home instead. This is often carried out with the agreement of the host country, to ensure some kind of justice prevails.
The Reality
Despite what the media would like us to believe, diplomatic immunity is rarely invoked. The diplomatic community is usually a very well behaved one, and few instances of crime is ever discovered or reported.
According to government statistics, diplomatic immunity has only been invoked 147 times in the last 6 years. Most of these were for minor offenses, mainly shoplifting. So while the diplomatic community is generally a wealthy one, they have somewhat sticky fingers.
It is apparently extremely rare that diplomatic immunity is used in more serious cases. Or it’s kept secret when it happens. The most serious incidents seem to be in financial cases. The accounts if diplomatic personnel are covered under the legal immunity, so it can be difficult for creditors to pursue debtors if they have this legal status.
So while Hollywood loves to spin a yarn, the reality of any given situation isn’t always as it is portrayed. The legal status of a diplomat may be protected from the full might of the law, but it isn’t without its own punishments.
The US has agreements with most countries that allows for punishments for individuals in their own jurisdictions, and this agreement allows for our own people to face justice here too.