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Diplomatic immunity is a form of legal immunity and a policy held between governments, which ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws (although they can be expelled). It was agreed as international law in the Vienna Convention on Diplomatic Relations (1961), though there is a much longer history in international law. It is possible for the official's home country to waive immunity; this tends to only happen when the individual has committed a serious crime, unconnected with their diplomatic role (as opposed, to, say, allegations of spying), or has witnessed such a crime. Alternatively, the home country may prosecute the individual.
This leads to some unfortunate results; protected diplomats have violated laws (including those which would be violations at home as well) of the host country and that country has been essentially limited to informing the diplomat's nation that said diplomat is no longer welcome (the Latin phrase is persona non grata). Such violations have included espionage in a large number of cases, smuggling of small high value items in a surely much larger number of instances, some troubling child custody law violations, and even murder in a few cases. Historically the problem of large debts run up by diplomats has caused many problems.
A particular problem with an intermittently amusing side is the immunity of diplomatic vehicles to ordinary traffic regulations such as prohibitions on double parking. In New York City, the home of the United Nations Headquarters and a city in which many drivers regard double parking as normal despite regulations, protests against double parked diplomatic vehicles have a certain quixotic quality. Nonetheless, the City eternally, and interminably, protests to the US Department of State about non-payment of parking tickets due to diplomatic status.
In fiction, diplomatic immunity is often portrayed negatively with criminals with diplomatic papers brazenly committing the most violent crimes and arrogantly waving their immunity about when the heroes try to stop them.
History
The sanctity of diplomats has been observed for centuries. While there have been a number of cases where diplomats have been killed this is normally viewed as a great breach of honour. Ghengis Khan and the Mongols were well known for strongly insisting on the rights of diplomats, and they would often take horrific vengeance against any state that violated these rights.
Modern diplomatic immunity evolved parallel to the development of modern diplomacy. In the seventeenth century European diplomats realized that protection from prosecution was essential to doing their jobs and a set of rules evolved guaranteeing the rights of diplomats. These were still confined to Western Europe, and were closely tied to the prerogatives of nobility. Thus an emissary to the Ottoman Empire could expect to be arrested and imprisoned upon the outbreak of hostilities between their state and the empire. The French Revolution also disrupted this system as the revolutionary state and Napoleon imprisoned a number of diplomats accused of working against France.
In the nineteenth century the Congress of Vienna system reasserted the rights of diplomats, and they have been largelly respected since then as the European model has spread throughout the world.
Diplomatic and consular privileges and immunities from criminal jurisdiction in the United States
Note that the below applies to the United States. In other countries other rules may apply, though in most cases this summary is a reasonably accurate approximation.
| Category |
May Be Arrested or Detained |
Residence May Be Entered Subject to Ordinary Procedures |
May Be Issued Traffic Citation |
May Be Subpoenaed as Witness |
May Be Prosecuted |
Recognized Family Member |
| Diplomatic |
Diplomatic Agent |
No1 | No | Yes | No | No |
Same as sponsor (full immunity and inviolability) |
| Member of Administrative and Technical Staff |
No1 | No | Yes | No | No |
Same as sponsor (full immunity and inviolability) |
| Service Staff |
Yes2 | Yes | Yes | Yes |
No, for official acts. Otherwise, yes2 |
No immunity or inviolability2 |
| Consular |
Career Consular Officers |
Yes, if for a felony and pursuant to a warrant.2 |
Yes4 | Yes |
No, for official acts. Testimony may not be compelled in any case. |
No, for official acts. Otherwise, yes3 |
No immunity or inviolability2 |
| Honorary Consular Officers |
Yes | Yes | Yes |
No, for official acts. Yes, in all other cases |
No, for official acts. Otherwise, yes |
No immunity or inviolability |
| Consular Employees |
Yes2 | Yes | Yes |
No, for official acts. Yes, in all other cases |
No, for official acts. Otherwise, yes2 |
No immunity or inviolability2 |
| International Organizations |
International Organization Staff3 |
Yes3 | Yes3 | Yes |
No, for official acts. Yes, in all other cases |
No, for official acts. Otherwise, yes3 |
No immunity or inviolability2 |
| Diplomatic-Level Staff of Missions to International Organizations |
No1 | No | Yes | No | No |
Same as sponsor (full immunity and inviolability) |
| Support Staff of Missions to International Organizations |
Yes | Yes | Yes |
No, for official acts. Yes, in all other cases |
No, for official acts. Otherwise, yes |
No immunity or inviolability |
1Reasonable constraints, however,
may be applied in emergency circumstances involving self-defense,
public safety, or the prevention of serious criminal acts.
2This table presents general rules. Particularly in the cases indicated,
the employees of certain foreign countries may enjoy higher levels of privileges and immunities on the basis of special bilateral agreements.
3A small number of senior officers are entitled to be treated identically to "diplomatic agents".
4Note that consular residences are sometimes located within the official consular premises. In such cases,
only the official office space is protected from police entry.
This chart is copied from the US State Department's Bureau of Diplomatic Security Web site, http://ds.state.gov/dipimmunities/dichart.pdf.
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