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Questioning the Usage of Diplomatic Immunity

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Questioning the Usage of Diplomatic Immunity GA 3: The World Issue Report Issue Questioning the use of diplomatic immunity Student Officer Chair Amin Houta Introduction In 1987, Margaret Thatcher, the Prime Minister of Great Britain, complained to the House of Commons that diplomatic immunity had obstructed the arrest and prosecution of the husband of a US diplomat that was accused of sexual offense against 1 a young girl.​ ​ In 1981, a man accused of at least 15 rape at knifepoint was arrested in New York City and was positively identified by two victims. He was then released and charges were dropped due to the fact that he was the son of Ghana's ambassador to the United Nations at the time.​2 According to reports, the man spent 3 45 minutes in custody and left the police station laughing.​ ​ November, 1982, a student allegedly shot and wounded bouncer in Washington D.C. Upon being identified as the son of the Brazilian ambassador at the time he was immediately released and left the United States. The student was charged with assault once before but charges were dropped and he was allowed to remain in Washington D.C. on the grounds of diplomatic immunity.​4 There is, understandably, much strife that is caused by the occurrence of such events and, undeniably, most people do not comprehend why they have to tolerate the existence of such behavior while those responsible generally get away with it with little consequences. Countries around the world, generally at the call of their enraged citizens have suggested the review and reconsideration of diplomatic immunity and whether or not there are any instances that might indirectly lead to the violation of basic human rights as illustrated in the Universal Declaration of Human Rights.​5 1 Blum, Andreas-Michael. “Why and How Is Diplomatic Immunity Abused? Factors Influencing the Countermeasures.” ​ GRIN​ , www.grin.com/document/353367#:~:text=The abuse of diplomatic immunities,committing crimes and using ​ violence. 2 Ibid 3 Ibid​ 4 Ibid ​ 5 “Universal Declaration of Human Rights.” United Nations, United Nations, ​ ​ ​ www.un.org/en/universal-declaration-human-rights/. Relevant Sustainable Development Goals The Sustainable Development Goals (SDGs) are 17 international goals and targets, 6 outlined in the UN’s agenda in 2015​ ,​ to be completed by 2030. They focus on the most pressing issues affecting individuals, communities, and the world, and are the major blueprint for the United Nations’ work. The sustainable development goals that relate to the issue illustrated within this report are as follows: SDG 16 - Peace, Justice and Strong Institutions The United Nations, through SDG 16, aims to “Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, 7 accountable and inclusive institutions at all levels.”​ ​ In order to maintain accountability for diplomats, consuls and other governmental figures it is paramount to discuss whether the withdrawal or alteration of the right to diplomatic immunity will be beneficial to the achievement of this SDG. Relevant SDG Targets 16.3: Promote the rule of law at the national and international levels and ensure equal access ​ to justice for all 16.5: Substantially reduce corruption and bribery in all their forms ​ SDG 17 - Partnership for the Goals Through SDG 17 the UN aims to “Revitalize the global partnership for sustainable 8 development.”​ ​ As the basis of the United Nations, this SDG is what allows and promotes the union and cooperation between nations in order to solve issues that arise in the world. In order to solve these issues, partnership, trust and cooperation between countries is paramount. Diplomatic Immunity is often said to both aid and harm this goal. 6 “Goal 16 | Department of Economic and Social Affairs.” United Nations, United Nations, sdgs.un.org/goals/goal16. ​ ​ ​ 7“Peace, Justice and Strong Institutions - United Nations Sustainable Development.” United Nations, United Nations, www.un.org/sustainabledevelopment/peace-justice/#tab-eb030c43e0900c3690b 8 “Goal 17 | Department of Economic and Social Affairs.” United Nations, United Nations, sdgs.un.org/goals/goal17. ​ ​ ​ Defining Key Terms Diplomatic Immunity: (n) a privilege granted to diplomats in which they are exempt from taxes, detention and criminal persecution, granted by the state in which they are residing in.​9 Diplomat: (n) a representative of a state appointed by a national government to conduct official negotiations and maintain political, economic, and social relations with another country or countries.​10 Consul: (n) an official representative of a state assigned to live in a foreign state in order to protect the interest of the state’s citizens residing there.​11 Customary Law: (n) an unsigned and unratified form of legal custom in which a practice has been commonly accepted by law and assumed to be binding.​12 State Sovereignty: (n) the concept that states are in complete and exclusive control of all the people and property within their territory.​13 General Overview Diplomatic Immunity The 1961 Vienna Convention on Diplomatic Relations defines the concept of diplomatic immunity as exemptions from different legal obligations and procedures. In extreme cases, diplomatic immunity can offer protection from criminal, civil and 9 “Diplomatic Immunity.” Embassies, Consulates and Other Representations | Government.nl, Ministerie Van Algemene Zaken,​ 12 Dec. 2013, www.government.nl/topics/embassies-consulates-and-other-representations/diplomatic-immunity.​ ​ 10 Who Is a Diplomat? - National Museum of American Diplomacy.” U.S. Department of State, U.S. Department of State, 6 ​ ​ ​ Aug. 2020, diplomacy.state.gov/diplomacy/who-is-a-diplomat/. 11 Ibid. 12 “Access Information on Multilateral Environmental Agreements.” InforMEA, www.informea.org/en/terms/customary-law. 13 Ibid.​ ​ ​ administrative jurisdiction. The immunity may offer exemptions from the receiving state’s dues and taxes, as well as exemption from social security provisions. Furthermore, any form of public service such as being subpoenaed to testify in court is not required during the extent of the diplomat's term within the foreign state.​14 Diplomatic immunity is derived from the concept of state sovereignty in which no foreign state has the jurisdiction to interfere in another state’s political matters or domestic affairs. Diplomatic immunity is a means to promote state equality and self-government, considering that diplomatic figures are considered to be representatives of a sovereign state, the theory of “personal representation” is assumed, through the notion that the representative should be treated as if it was the sovereign himself who was conducting the diplomacy.​15 16 Prior to the 1961 Vienna Convention on Diplomatic Relations,​ ​ the law was 17 considered customary with some attempts to clarify certain rules internationally.​ ​ The 1961 Convention systemized certain existing customary diplomatic laws and resolved conflicting 18 state practice as well as introduced additional rules​ ​ while understanding that customary 19 international law continues to govern areas that were left untouched.​ ​ With over 170 state parties involved in the Vienna Convention on Diplomatic Relations, the Convention is regarded as one of the most successful products of the United Nations’ legislative process and is widely accepted as the applicable law. Abuse of Diplomatic Immunity Whilst diplomatic immunity is generally used as a form of protection from simple matters such as taxes, traffic violations and subpoenas, there have been several, more extreme instances in which diplomatic immunity protected dissidents from grave violations of human rights. For instance: In 1984, Libyan nationals allegedly fired and killed a British police constable and several other victims through the windows of the Libyan embassy in London. Due to diplomatic immunity, the suspect could not be prosecuted or punished by the British legal system. Furthermore, the alleged shooter could not be forced to pay compensation to the 14 “Access Information on Multilateral Environmental Agreements.” InforMEA, www.informea.org/en/terms/customary-law. ​ ​ ​ 15 Chun, Rene. “Dodgy Diplomats: How Envoys Misuse Their Immunity.” The Guardian, Guardian News and Media, 2 Dec. 2019,​ www.theguardian.com/us-news/2019/dec/02/envoys-diplomatic-immunity-misuse-crime.​ ​ 16 Blum, Andreas-Michael. “Why and How Is Diplomatic Immunity Abused? Factors Influencing the Countermeasures.” ​ GRIN, www.grin.com/document/353367#:~:text=The abuse of diplomatic immunities,committing crimes and using ​ violence. 17 Ibid 18Universal​ Declaration of Human Rights.” United Nations, United Nations, ​ ​ www.un.org/en/universal-declaration-human-rights/. 19 Osborne, James S. Diplomatic Privilege and Immunity: Abuse and Exploitation by International Terrorists. 1985. ​ ​ ​ victims' families. It has even been considered that the fact that diplomatic immunity was available to the nationals could have induced the person to shoot in the first place. After nine days of negotiations, the 30 Libyans in the embassy were escorted to the Airport and boarded a Libyan airliner to Tripoli, not before their wives were reported to have made final shopping trips to London's big department stores. This instance is a direct violation of the victim’s right to life. Many instances, including many recent ones, of "diplomatic slaves", have been reported. In one case, a Bolivian maid was kept as a ‘prisoner’ by an Egyptian diplomat in the United States. She was forced to work "..interminable
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