Page 29 - Diplomatic Consular Immunity

Even those who properly understand the Thus, in circumstances where public safety
concept of immunity sometimes erroneously is in imminent danger or it is apparent that
believe that it is senseless to waste valuable a grave crime may otherwise be committed,
police time in the investigation and paperwork police authorities may intervene to the 21
essential to building a legal case on the extent necessary to halt such activity. This
assumption that there is no possibility that naturally includes the power of the police
a conviction will result. However, there are to defend themselves from personal harm.
diplomatic remedies available to deal with
such persons even when immunity bars Waiver of Immunity
prosecution and conviction. As explained
below, there are a number of important Diplomatic and consular immunity are
reasons for police authorities to give careful not intended to benefit the individual;
attention to the documentation of incidents they are intended to benefit the mission of
involving persons enjoying privileges and the foreign government or international
immunities. Such incidents should always be organization. Thus an individual does
promptly reported to the U.S. Department not “own” his or her immunity and it may
of State. be waived, in whole or in part, by the
mission member’s government. The U.S.
Personal Inviolability Department of State will request a waiver
vs. Public Safety of immunity in every case in which the
prosecutor advises that he or she would

Personal inviolability is enjoyed to some prosecute but for immunity. The U.S.
degree by a majority of foreign diplomatic Department of State’s ability to secure such
and consular personnel. This inviolability waiver may depend to a large degree on
generally precludes handcuffing, arrest, the strength (and documentation) of the
or detention in any form and forbids U.S. case at issue. Similarly, it is of little avail
authorities from entering the residences, for the U.S. Department of State to secure
automobiles, or other property of protected a waiver of immunity in a particular case,
persons. Personal inviolability is, however, if the case has not been developed with
qualified by the understanding, well sufficient care and completeness to permit
established in international practice, that a successful subsequent prosecution.
the host country does not give up its right to Proper documentation and reporting by
protect the safety and welfare of its populace law enforcement authorities play a critical
and retains the right, in extraordinary role in both of these respects.
circumstances, to prevent the commission
of a crime.