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How does diplomatic immunity work?

How does diplomatic immunity work? anything like in the movies?

  • can a diplomat just drive down the street shooting at folk? like a video game? im sure they cant but how does it work?

  • Answer:

    First of all, we can divide diplomatic immunity into two: diplomatic immunity of real persons and diplomatic immunity of juridical persons. Diplomatic immunity of juridical persons refers to the countries and international organisations. For instance, the state of X or an international organisation, e.g., the United Nations or the Council of Europe has this privilege. Consequently, all tengible and intengible property of those institutions are immune from any kind of measurement of any state. Diplomatic immunity of persons should also be divided into two: Diplomatic immunity of diplomatic persons are full immunities. They cannot be searched, investigated, or prosecuted. Even a traffic police cannot directly issue a traffic fine to them. He/she should send the relevant document to his own Ministry of Foreign Affairs to be forwarded to the concerned embassy, if necessary. If diplomatic persons commit a crime etc. they can only be called a persona non grata to be withdrawn by his/her own government. (Mostly, their own governments investigate the crime and punish the diplomat.) The second kind of immune persons are the international officers, i.e., officials of international organisations, such as the Council of Europe or the United Nations. Those officials have a functional immunity and they cannot be investigated or prosecuted for anything they have done within their official task authorised by their organisations. For instance, they cannot also be searched if they are carrying a diplomatic baggage of their institution. In brief, even though there are some exceptional samples, which are bad samples, the diplomatic immunity works like in the movies from the point of view of their privileges. However, of course diplomatic persons or international officers do not walk down the street shooting at folk...

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Diplomatic immunity means the host country can't prosecute you except your home country because of your status. However, it does not mean that they can detain you for questioning (For sure, you can remain silence.) In your example, technically yes. A diplomat can shoot anyone. However, no one ever said the police can't exchange fire with you. So it is kind of protection they have to free you if they know your status, but a typical person in most of the case.

garykung

The principal of diplomatic immunity is so that diplomats may carry out their work without being harassed by local authorities. However, if a diplomat were to commit a crime, most likely they'd be asked to leave - or considered "persona non grata" or an unwelcome person.

Colonel Sturgeon

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