Page 13 - Diplomatic Consular Immunity

The United States benefits greatly from the and reduced the degree of immunity enjoyed by
concept as it protects U.S. diplomats assigned to many persons at diplomatic missions.
countries with judicial systems far different than
our own. On a practical level, a failure of the authorities of 5
the United States to fully respect the immunities
The various categories of immunity are of foreign diplomatic and consular personnel
explained below and a table is provided on may complicate diplomatic relations between
page 40 to summarize elements of paramount the United States and the other country
concern to law enforcement officials, but all have concerned. It may also lead to harsher treatment
a common legal foundation. While customary of U.S. personnel abroad, since the principle of
international law continues to refine the reciprocity has, from the most ancient times,
concepts of diplomatic and consular immunity, been integral to diplomatic and consular
the basic rules are currently embodied in relations.
international treaties. These treaties have been
formally adopted by the United States and are, It should be emphasized that even at its
therefore, pursuant to the U.S. Constitution, “the highest level, diplomatic immunity does not
supreme law of the land.” The U.S. government exempt diplomatic officers from the obligation
is legally bound to ensure that such privileges of conforming with national and local laws
and immunities are respected by its states and and regulations. Diplomatic immunity is not
municipalities. intended to serve as a license for persons to
flout the law and purposely avoid liability for
U.S. law regarding diplomatic immunity has its their actions. The purpose of these privileges
roots in England. In 1708, the British Parliament and immunities is not to benefit individuals but
formally recognized diplomatic immunity and to ensure the efficient and effective performance
banned the arrest of foreign envoys. In 1790, of their official missions on behalf of their
the United States passed similar legislation that governments. This is a crucial point for law
provided absolute immunity for diplomats and enforcement officers to understand in their
their families and servants, as well as for lower dealings with foreign diplomatic and consular
ranking diplomatic mission personnel. This personnel. While police officers are obliged,
1790 law remained in force until 1978, when the under international customary and treaty law,
present Diplomatic Relations Act (22 U.S.C. 254) to recognize the immunity of the envoy, they
was enacted to replace it. must not ignore or condone the commission of
crimes. As is explained in greater detail below,
The principal purpose of the 1978 Act was to adherence to police procedures in such cases
bring U.S. law into line with the 1961 Vienna is often essential in order for the United States
Convention on Diplomatic Relations (which to formulate appropriate measures through
entered into force for the United States in 1972). diplomatic channels to deal with such offenders.
The 1978 Act imposed a more precise regime