Diplomatic Immunity from Local Jurisdiction Eugene M

Total Page:16

File Type:pdf, Size:1020Kb

Diplomatic Immunity from Local Jurisdiction Eugene M University of Baltimore Law Forum Volume 7 Article 12 Number 2 January, 1977 1-1977 Diplomatic Immunity from Local Jurisdiction Eugene M. Zoglio Follow this and additional works at: http://scholarworks.law.ubalt.edu/lf Part of the Law Commons Recommended Citation Zoglio, Eugene M. (1977) "Diplomatic Immunity from Local Jurisdiction," University of Baltimore Law Forum: Vol. 7 : No. 2 , Article 12. Available at: http://scholarworks.law.ubalt.edu/lf/vol7/iss2/12 This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Forum by an authorized editor of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. the Commission requested the Mary­ internships have also been set up with been acquiesced in by states for the pur­ land Attorney General's Office to study several local colleges. pose of attaining certain desired ends. the Maryland Annotated Code to de­ Under the present structure, each of There are several theories devised dur­ termine which laws, if any, might be af­ the twenty-four Commissioners either ing successive periods of political fected by the Equal Rights Amendment. heads a task force or works on a commit­ thought for the purpose of achieving a This study continues today. tee which focuses on a particular issue of settlement of cases in accordance with The Commission recognized that the importance to women. Present issues the then existing and desired institutions. law was the most effective means of at­ being dealt with include credit, continu­ Many of the precepts which we have in­ tacking sex discrimination. Commission­ ing education, employment, legislation, herited from the past are descended ers began testifying at legislative hear­ rape, Title IX (sex discrimination in edu­ from theories and doctrines which no ings, particularly in the area of employ­ cation), and history. Public conferences longer conform to factual conditions to­ ment discrimination. One group of as well as production and distribution of day. These archaic precepts, still re­ employees seen as victimized by handbooks continue. peated in treatises and judicial opinions, employment discrimination was In the past year, the Commission's are responsible for the conflicting views household workers. The Commission name was changed to the Maryland as to the law which should govern a cur­ decided that these workers should at Commission for Women. This name rent situation. (Montell Ogdon, Basis of least be entitled to the minimum wage, change was decided upon because a Diplomatic Immunity, 8-9.) and by 1974 both Maryland and the new direction is perceived for the pres­ federal government agreed. After Mary­ ent Commission: "Now, we're becom­ II land enacted its wage law, the Commis­ ing more actively concerned with and sion published The Picture Is Changing ready to work for women in Maryland." While numerous juristic theories have (which is now available in Spanish, as Decade, at 4. The future, then, is ac­ been advanced to justify the extension of well as in English) to educate both tivism. diplomatic privileges and immunities, household workers and heads of writers have consistently turned to one households. With the Commission's of three traditional theories to explain work and support, household workers Diplomatic this practice. also became eligible for workmen's The first is the theory of personal rep­ compensation benefits under a 1975 Immunity resenation. Under this theory the dip­ state law. lomatic agent is the personification of his Another booklet, Know Your Rights, from Local ruler or of a sovereign state whose inde­ was published in 1973. This booklet dis­ pendence must be respected. This cussed consumer laws, employment Jurisdiction theory dates back to the Greek city­ rights, labor laws, marriage and divorce, states and gained widespread accep­ Medicare, property rights of women, so­ tance during the Rennaissance when cial security, unemployment insurance, by Eugene M. Zoglio diplomacy was dynastically oriented. and workmen's compensation. Sovereigns of this period were extremely The list of accomplishments of the sensitive to the affronts or insults ac­ Commission is indeed long. Many con­ Diplomatic immunity may be broadly corded their diplomatic representatives. ferences have been set up, educational defined as the freedom from local juris­ The envoys were considered the repre­ courses have been offered, legal equality diction accorded under international law sentative character of their sovereign, has been secured - all with the aid of by the receiving state to duly accredited entitled to the same honors to which the the Commission. diplomatic officers, their families, and sovereign would be entitled if he were servants. Associated with such immunity personally present. In England and the is the inviolability which applies to the United States in the eighteenth and THE PRESENT AND BEYOND premises of embassies and legations and nineteenth centuries the Chief Justice in Today the Commission is headed by the residences of duly accredited dip­ both countries in rulings relative to the Shoshana S. Cardin, who became lomatic officers. Diplomatic immunity is inviolability of the diplomatic representa­ chairwoman after Ms. Boucher's resig­ a universally recognized principal of in­ tive made statements, to wit, "The dip­ nation in 1974. Under Ms. Cardin, the ternational law, which civilized nations lomat is to be left at liberty to devote variety of projects continues to thrive. In have accepted as binding them in their himself body and soul to the business of late 1974, a new project began in con­ intercourse with one another. his embassy. He does not owe even a junction with the University of Baltimore International law in relation to dip­ temporary allegiance to the sovereign to School of Law, in which student interns lomatic immunity is the result of usages whom he is accredited, and he has at analyze and present reports on bills be­ and customs which have developed dur­ least as great a privilege from suit as the fore the General Assembly that will di­ ing the ages. The law of diplomatic im­ sovereign he represents" and "The per­ rectly or potentially affect women. Other munity, like all international law, has son of a public minister is sacred and in- violable. Whoever offers any violence to importance since the Second World War 31 of the Vienna Convention on Dip­ him, not only affronts the sovereign he and one very important reason is the ex­ lomatic Relations. Under Article 31, a represents, but also hurts the common pansion in the size of missions. Another diplomatic agent shall enjoy immunity safety and well-being of nations; he is reason for its acceptance is the increase from the criminal jurisdiction of the re­ guilty of a crime against the whole in the number of international organiza­ ceiving state and will also enjoy immu­ world." (Clifton E. Wilson, Diplomatic tions since World War II, which has re­ nity from its civil jurisdiction except in the Privileges and Immunities, 2-3.) quired the granting of immunities to ad­ case of: (a) a real action relating to pri­ It was in this milieu that the Act of Ann ditional persons. Since such organiza­ vate immovable property situated in the was passed by the British Parliament in tions are without territory or repre­ territory of the receiving state, unless he 1708, and Sections 252-254 of Title 22 sentational status, only the theory of holds it on behalf of the sending state for of the United States Code were passed in functional necessity adequately explains the purposes of the mission; (b) an 1790. Those statutes and relative Court this development. (Wilson, 21.) action relating to succession in which the decisions gave the diplomatic ministers, diplomatic agent is involved as executor, their families, and employees the III administrator, heir or legatee as a private broadest extension of privileges and Legislation providing for jurisdictional person and not on behalf of the sending immunities. immunities in the United States is copied state; (c) an action relating to any profes­ The second theory to justify the exten­ after the British mode. The pertinent sional or commercial activity exercised sion of diplomatic immunity is the theory laws provide immunity from criminal by the diplomatic agent in the receiving of exterritoriality. Under this theory and civil jurisdiction. 22 U.Sc. 252,253, state outside his official functions. which began in the fifteenth century 254. The Vienna Convention of 1961 when countries began maintaining per­ provides for absolute criminal immunity IV manent missions in foreign states, the and modified civil immunity. The United While a substantial body of diplomatic diplomat was not considered to be sub­ States became a signatory to this Con­ rules, based on reciprocity, is available to ject to local law because he does not re­ vention on December 13, 1972. Title guide the conduct of nations in their legal side in the host country since the dip­ 22, Section 252, tells us any writ or pro­ and political treatment of foreign dip­ lomatic premises are considered to be cess which is sued out or prosecuted by lomatic representatives, two problems the same as foreign territory. The am­ any person or judge whereby any per­ still remain: (1) the extent of such bassador must be treated as if he were son entitled to diplomatic immunity is ar­ privileges and immunities as are enjoyed still living in the territory of the sending rested or imprisoned, or his goods or by diplomatic personnel under current state. While the theory of exterritoriality chattels are seized or attached, such writ international practice and (2) the has been modified by many countries, or process is void. While this domestic categories of persons to whom these acts the modern trend has been toward a re­ law on the subject of diplomatic immu­ of international courtesy should apply.
Recommended publications
  • The Immunity of Official Visitors
    The Immunity of Official Visitors Michael Wood* A. von Bogdandy and R. Wolfrum, (eds.), Max Planck Yearbook of United Nations Law, Volume 16, 2012, p. 35-98. © 2012 Koninklijke Brill N.V. * I thank Penelope Nevill and Eran Sthoeger for their valuable assis- tance. 36 Max Planck UNYB 16 (2012) I. Introduction II. Immunity ratione personae of serving Heads of State and other High-Ranking Officials; and “Official Act” Immunity 1. Immunity ratione personae of serving Heads of State, Heads of Government, Ministers for Foreign Affairs and other High- Ranking Office Holders 2. “Official Act” Immunity III. The Convention on Special Missions IV. Evidence of the Customary International Law on Official Visitors 1. The Special Missions Convention and Customary International Law 2. State Practice 3. ICJ Case-Law 4. Writings V. The Customary International Law on the Immunity of Official Visitors 1. Minimum Requirements for an Official Visit Attracting Immu- nity a. The Need for the Visitor to Represent the Sending State b. The Need for the Receiving State to Consent to the Visit as one Attracting Immunity c. Whether Consent is given is a Matter of Policy d. The Status of Persons on High-Level Official Visits VI. Conclusion Annex State Practice Wood, The Immunity of Official Visitors 37 Abstract This article reviews the customary international law concerning official visitors, in particular the inviolability of the person and immunity from criminal jurisdiction that they enjoy. It looks at State practice, including the case-law. It also considers the work of the ILC and the literature. Three separate heads of immunity may come into play in the case of any particular official visit: the immunity ratione personae of holders of high-ranking office; “official act” immunity; and the immunity of offi- cial visitors, including those on special missions.
    [Show full text]
  • Legal Regime of Persona Non Grata and the Namru-2 Case
    Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.32, 2014 Legal Regime of Persona Non Grata and the Namru-2 Case Marcel Hendrapati* Law Faculty, Hasanuddin University, Jalan Perintis Kemerdekaan, Kampus Unhas Tamalanrea KM.10, Makassar-90245, Republic of Indonesia * E-mail of the corresponding author: [email protected] Abstract Just like the diplomatic immunity principle, the principle of persona non grata aims to ensure justice for both the state seeking to evict a diplomat (receiving state) and the state whose diplomat is being evicted (sending state). This is because both principles can guarantee the dignity and equality of sovereign states when resolving issues in international relation. Not every statement of persona non grata has to culminate in expulsion because a statement may be issued by the receiving state both after the diplomatic agent has started performing his functions and even before he arrives at the receiving state. If such a statement is followed by the expulsion of the diplomat, it should be based on article 41 of the Vienna Convention, 1961 (infringement on laws of receiving state and/or espionage actions). Also, expulsion may occur due to war and severance of diplomatic relation between two states. Indonesia has had to deal with issues of persona non grata on several occasions both as receiving and sending state. This paper analyses several cases of declaration of persona non grata involving several countries, especially Indonesia in order to give a better understanding of how the declaration of persona non grata plays out between states, and the significance of the Vienna Convention of 1961 on diplomatic relations.
    [Show full text]
  • The Function of State and Diplomatic Privileges and Immunities in International Cooperation in Criminal Matters: the Position in Switzerland
    Fordham International Law Journal Volume 23, Issue 5 1999 Article 3 The Function of State and Diplomatic Privileges and Immunities in International Cooperation in Criminal Matters: The Position in Switzerland Paul Gully-Hart∗ ∗ Copyright c 1999 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj The Function of State and Diplomatic Privileges and Immunities in International Cooperation in Criminal Matters: The Position in Switzerland Paul Gully-Hart Abstract In so far as diplomats are concerned, their immunity from legal process arises under customary international law and treaty law (i.e., the Vienna Convention on Diplomatic Relations,’ the Vienna Convention on Consular Relations,2 and the New York Convention on Special Missions’ (or “New York Convention”)). All three conventions state in their preliminaries that diplomatic immunity and privilege arise from international custom and that their function is not to benefit individuals, but to ensure the smooth and efficient performance of their duties in the interest of comity and of friendly relations between sovereign nations. ESSAYS THE FUNCTION OF STATE AND DIPLOMATIC PRIVILEGES AND IMMUNITIES IN INTERNATIONAL COOPERATION IN CRIMINAL MATTERS: THE POSITION IN SWITZERLAND Paul Gully-Hart* Privileges and immunities apply to different categories of persons (i.e., persons performing official acts, diplomats, and heads of state). In addition, states, government agencies, and corporate entities acting on behalf of, or to the benefit of, na- tions also enjoy immunity within certain limits. Persons performing official acts by reason of their official capacity or functions may be immune from the judicial and ad- ministrative processes of their own state, the state where they are performing such recognized official acts, or in any state where their official acts have effect.
    [Show full text]
  • Administrative Stay Memorandum
    Case 1:20-cv-01437-CKK Document 33-1 Filed 07/20/20 Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) MOHAMED SOLTAN, ) ) Civil Action No.: 20-cv-1437 (CKK) Plaintiff, ) ) ) v. ) ) HAZEM ABDEL AZIZ EL BEBLAWI, ) ) Defendant. ) ____________________________________) PLAINTIFF’S MEMORANDUM IN SUPPORT OF HIS MOTION FOR ADMINISTRATIVE STAY OF PROCEEDINGS FOR THE COURT TO ASSESS THE STATUS OF DEFENDANT BEBLAWI’S CLAIM OF DIPLOMATIC IMMUNITY Eric L. Lewis (D.C. Bar #394643) Waleed Nassar (D.C. Bar #992659) Jeffrey D. Robinson (D.C. Bar #376037) Aisha E. Bembry (D.C. Bar #4889500) LEWIS BAACH KAUFMANN MIDDLEMISS PLLC 1101 New York Ave., N.W, Suite 1000 Washington, D.C. 20005 (202) 833‐ 8900 (voice) (202) 466‐5738 (facsimile) Counsel for Plaintiff Mohamed Soltan Case 1:20-cv-01437-CKK Document 33-1 Filed 07/20/20 Page 2 of 18 TABLE OF AUTHORIES Agreement between the United States of America and the United Nations regarding the Headquarters of the United Nations, Art. V, Section 15, November 21, 1947, 61 Stat. 3416 https://treaties.un.org/doc/Publication/UNTS/Volume%2011/volume-11-I-147-English.pdf. ..........................................................................................................................................................7 Articles of Agreement of the International Monetary Fund, Art. IX, Section. 8, July 22, 1944, 60 Stat. 1401, https://www.imf.org/external/pubs/ft/aa/index.htm ..........................1 IMF Executive Directors and Voting Power, https://www.imf.org/external/np/sec/memdir/eds.aspx ...................................................................8 IMF Members’ Quotas and Voting Power, and IMF Board of Governors. https://www.imf.org/external/np/sec/memdir/members.aspx ..........................................................8 IMF Organization Chart, https://www.imf.org/external/np/obp/orgcht.htm ...................................8 Office of Foreign Missions, U.S.
    [Show full text]
  • HC-125-(S)-09: Domestic Employees Prenotification Secretariat
    UNITED STATES MISSION TO THE UNITED NATIONS NEW YORK October 23, 2009 HC-125(S)-09 The United States Mission to the United Nations presents its compliments to the United Nations Secretariat and has the honor to refer to the standards applicable to the employment of personal workers, attendants, and any other domestic workers employed by United Nations officials who are in the United States in nonimmigrant G-5 visa status. The United States Mission wishes to emphasize the importance to the United States Government of providing fair treatment to domestic workers who come to the United States to work for members of the diplomatic community and to request that the United Nations Secretary-General take any and all measures necessary to ensure that the officials of the Organization employing such workers respect the laws relating to the treatment to be accorded domestic workers. This note supersedes previous notes on this subject. New Domestic Worker Visa Eligibility Requirements The United States Mission wishes to inform the United Nations Secretariat of two new requirements it is implementing in connection with the employment of domestic workers by United Nations officials that pertain to the visa eligibility of prospective domestic workers. The United States Mission currently requires that it be notified at the time of the arrival in and departure from the United States of all domestic workers. DIPLOMATIC NOTE -2- Effective November 15, 2009, the United States Mission will also require that it be provided with notification of any prospective domestic worker before the worker applies for a visa. This “pre-notification” requires that the Visa Committee of the United Nations Office of Human Resources Management submit a completed “Pre-Notification of a Domestic Worker” form (“Pre-Notification Form”) addressed to [email protected].
    [Show full text]
  • Constitutional Solutions to the Problem of Diplomatic Crime and Immunity William G
    Hofstra Law Review Volume 36 | Issue 2 Article 19 2007 Constitutional Solutions to the Problem of Diplomatic Crime and Immunity William G. Morris Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation Morris, William G. (2007) "Constitutional Solutions to the Problem of Diplomatic Crime and Immunity," Hofstra Law Review: Vol. 36: Iss. 2, Article 19. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol36/iss2/19 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Morris: Constitutional Solutions to the Problem of Diplomatic Crime and I NOTE CONSTITUTIONAL SOLUTIONS TO THE PROBLEM OF DIPLOMATIC CRIME AND IMMUNITY I. INTRODUCTION No one is above the law. This principle has been a driving force throughout the great ideological experiment known as democracy. From childhood, we are told that people who commit crimes must answer for them. However, the simplistic nature of this notion fails to capture the whole truth of the nuanced system of international law. International law permits certain individuals to escape accountability for their crimes. For centuries, the principle of diplomatic immunity has enabled foreign diplomats to avoid prosecution for violations of the host country's laws. 1 The Vienna Convention on Diplomatic Relations, to which the United States is a party, has codified customary international law.2 The Vienna Convention grants diplomats, their families, and diplomatic property numerous protections.
    [Show full text]
  • Borys Grinchenko Kyiv University Ogneviuk
    Borys Grinchenko Kyiv University ISSUED Administrated by Scientific board of Borys Grinchenko Kyiv University ____ 20__ ______ ., record № ______________ Head of Scientific board, rector Ogneviuk V. O. ____________________________ Education professional programme 291.00.02 Regional studying Department: 29 International relations Speciality: 291 International relations, public communications and regional studying Qualification: bachelor of International relations, public communications and regional studying Implemented from __.__20__ (order of __.__20__ No.____) Kyiv, 2017 APPROVAL FORM of education professional programme The chair of international relations and international law Protocol of March 6, 2017, No. 8 Head of the chair ______________________ Havrylyuk O. V. Academic board of Faculty of law and international relations Protocol of April 18, 2017, No. 7 Head of the academic board________________________ Hrytsiak I. A. Vice-rector on scientific-methodical and academic work __________________ Zhyltsov O. B. Head of scientific and methodological centre of standardization and quality of education __________________ Leontieva O. V. Research laboratory of education internationalization Head ________________ Vyhovska O. S. ____ ___________ 2017 2 Vice-rector of scientific work _______________ Vinnikova N. M. ____ ______ 2017 INTRODUCTION Developed on the basis of Law of Ukraine ‘On Higher Education’ of July 1, 2015 No. 1556 UII based on the Project of Standard for speciality 055 International relations, public communications and regional
    [Show full text]
  • Espionage and the Forfeiture of Diplomatic Immunity
    NATHANIEL P. WARD* Espionage and the Forfeiture of Diplomatic Immunity When nations conduct intercourse beyond their territorial boundaries, the need for transnational representation is fundamental if national objectives are to be accomplished. To accommodate this need, the world community has provided a special regime for diplomats, consuls and representatives to inter- national organizations.' That regime accords certain privileges and immunities in the receiving state2 to protect the sending state's unhampered conduct of foreign relations3 and to avoid embarrassment for its government.' The sources of these privileges and immunities are found in the customary practice of nations, the domestic laws of the receiving states' and multinational 6 and bilateral' treaties. This diplomatic grant confers criminal and civil immunity *B.A., Virginia Military Institute; J.D. California Western School of Law. A retired army cap- tain in military intelligence, Mr. Ward is currently a clerk for a federal magistrate in San Diego. 'J.L. BRIERLY, THE LAW OF NATIONS 255 (6th ed. 1963). 'RESTATEMENT (SECOND) OF FOREIGN RELATIONS LAW OF THE UNITED STATES, § 63, comment c at 195 (1965): The term "privileges and immunities" is often used in international law without differentiation between its two constituents. To the extent that any distinction is made between the two, there is a tendency to use "privilege" in referring to a right which is affirmatively described, such as the right to employ diplomatic couriers, and to use "immunity" in referring to a right which is described in a negative sense, such as freedom of diplomatic envoys from prosecution. As used in the Restatement of this Subject, the term "immunity" includes both, although the term "privileges and immunities" is retained when it conforms to existing practice.
    [Show full text]
  • EMBASSY at WAR, 1939–44 It Was Perhaps Unfortunate That in Early
    CHAPTER EIGHT EMBASSY AT WAR, 1939–44 It was perhaps unfortunate that in early 1939 Sir Percy Loraine left Turkey. Th e diplomatic staff had suff ered another serious loss in the previous summer when Colonel Woods retired. It also remained no larger than it had been when at the beginning of 1937 Loraine complained that he was so short-handed he could not be expected to produce the embassy’s annual report on time.1 Th e mission contained seven diplomats: a chancery of fi ve, which included two Levant Service offi cers with local diplomatic rank; and a commercial section of two. Th is put it on the same level as the embassy in Tehran and signifi cantly beneath the one to which Loraine had been moved at Rome.2 Th e air attaché, the laconic Wing Commander Th omas Elmhirst, was alone among his service colleagues in not having side accreditations. Contact between the Ankara and Istanbul posts was impeded by the fact that the telephone connection was bad and in any case tapped.3 Building work on the new ambassadorial residence at Ankara had only just been started. Beyond Istanbul and Ankara there were now consular posts at only Trabzon, Mersin and Izmir. However, the embassy’s position on the eve of the outbreak of the Second World War was not altogether a weak one. Alarmed by the international situation, the Foreign Offi ce lost no time in appointing a new ambassador, so ensuring that he arrived before Loraine departed and enabling him to “pick his brains”.4 Th e new chief of mission, Sir Hughe Knatchbull-Hugessen, may not have had a commanding pres- ence but—like all his recent predecessors—he was highly intelligent, witty, well-schooled in his craft , and a diplomat of considerable experi- ence.
    [Show full text]
  • ARTICLE Understanding the Distinguishing Features of Post
    ARTICLE Understanding the Distinguishing Features of Post-Westphalian Diplomacy Ebru OĞURLU* Abstract Diplomacy is traditionally an instrument used by states to develop and sus- tain peaceful and predictable relations among themselves. This paper discusses the transformation of traditional diplomacy into global diplomacy by refer- ring to modifications in four components of diplomacy: context, rules and norms, channels of communication, and actors and roles. After discussing the historical evolution of diplomacy, this paper argues that diplomacy has transformed in order to adapt itself to the newly emerging conditions of the 21st century. It has become a multi-actor and multi-level network phenome- non. However, this diplomatic transformation has not diluted the traditional sovereignty-based diplomacy. As states maintain their ultimate power and authority in the globalized system, so does state diplomacy. Keywords Diplomacy, sovereignty, old and new diplomacy, global diplomacy, network diplomacy. Introduction Diplomacy depends on the prior existence of human societies with basic needs for security as well as communication. The performance of these basic functions has differed from century to century and from society to society. * Assoc. Prof., European University of Lefke, Department of International Relations, Turkish Republic of Northern Cyprus, E-mail: [email protected]. Received on: 29.01.2019 Accepted on: 01.06.2019 PERCEPTIONS, Autumn-Winter 2019 Volume XXIV Number 2-3, pp. 175-194 175 Ebru OĞURLU However, diplomacy has always been there, continuously adapting itself to the changing conditions. In this respect, the transformation of the West- phalian system with the end of the Cold War, which set up a completely new international system, resulted in radical impacts on the nature of state sovereignty and sovereignty-based state functions including diplomacy.
    [Show full text]
  • Diplomacy in the Modern World: a Reconsideration of the Bases for Diplomatic Immunity in the Era of High-Tech Communications James S
    Hastings International and Comparative Law Review Volume 21 Article 3 Number 2 Winter 1998 1-1-1998 Diplomacy in the Modern World: A Reconsideration of the Bases for Diplomatic Immunity in the Era of High-Tech Communications James S. Parkhill Follow this and additional works at: https://repository.uchastings.edu/ hastings_international_comparative_law_review Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation James S. Parkhill, Diplomacy in the Modern World: A Reconsideration of the Bases for Diplomatic Immunity in the Era of High-Tech Communications, 21 Hastings Int'l & Comp. L. Rev. 565 (1998). Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol21/iss2/3 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings International and Comparative Law Review by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Diplomacy in the Modern World: A Reconsideration of the Bases for Diplomatic Immunity in the Era of High- Tech Communications By JAMES S. PARKHILL I. Introduction On January 3, 1997, the second-ranking diplomat to the United States from the Republic of Georgia, driving home late at night, struck two cars stopped at a red light. The accident caused the death of Joviane Waltrick, a sixteen year-old passenger in one of the cars.' Police estimate that the diplomat, Mr. Gueorgui Makharadze, was traveling at close to eighty miles2 per hour when the accident occurred in a twenty five miles per hour zone.
    [Show full text]
  • Model Cards Issued by the Ministries of Foreign Affairs of Member States
    13.10.2006 EN Official Journal of the European Union C 247/85 Model cards issued by the Ministries of Foreign Affairs of Member States to accredited members of diplomatic missions and consular representations and members of their families, as referred to in Article 19(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (2006/C 247/05) BELGIUM Carte d'identité diplomatique Diplomatieke identiteitskaart Diplomatischer Personalsausweis Diplomatic Identity Card Front Back C 247/86EN Official Journal of the European Union 13.10.2006 Carte d'identité consulaire Consulaire identiteitskaart Konsularer Personalsausweis Consular Identity Card Front Back 13.10.2006 EN Official Journal of the European Union C 247/87 Carte d'identité spéciale (bleue) Bijzondere identiteitskaart (blauw) Besonderer Personalsausweis (blau) Special Identity Card (blue) Front Back C 247/88EN Official Journal of the European Union 13.10.2006 Carte d'identité spéciale (rouge) Bijzondere identiteitskaart (rood) Besonderer Personalsausweis (rot) Special Identity Card (red) Front Back 13.10.2006 EN Official Journal of the European Union C 247/89 Pièce d'identité pour enfant d'étranger privilégié Identiteitsbewijs voor een kind van een bevoorrecht vreemdeling Identitätsdokument für ein Kind eines bevorrechtigten Ausländers Identity document for children of privileged foreigners Front Back C 247/90EN Official Journal of the European Union 13.10.2006 CZECH REPUBLIC ID cards are issued to privileged persons of diplomatic and consular authorities and international organisa- tions, and their family members in the Czech Republic.
    [Show full text]