Diplomatic Immunity


Diplomatic immunity is a form of legal immunity that ensures diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country’s laws, although they can still be expelled. It was agreed as international law in the Vienna Convention on Diplomatic Relations (1961), though the concept and custom have a much longer history. Many principles of diplomatic immunity are now considered to be customary law. Diplomatic immunity as an institution developed to allow for the maintenance of government relations, including during periods of difficulties and armed conflict. When receiving diplomats—who formally represent the sovereign—the receiving head of state grants certain privileges and immunities to ensure they may effectively carry out their duties, on the understanding that these are provided on a reciprocal basis. http://infogalactic.com/info/Diplomatic_immunity

I might remind you all it is reported that: Vlad the Impaler / Vlad Dracula invited his enemys to dinner to discuss the issues of contention … yet obviously he ignored their ‘Diplomatic Immunity’ as he effectively poisioned them all: https://infogalactic.com/info/Vlad_the_Impailer

Cf. Foreign Agent Registration Act.

1 Stat. 88, § 2; Act of April 20, 1818, Ch 88, § 2 (Service of any foreign prince or state) (Be it further enacted, That if any person shall, within the territory or jurisdiction of the United States, enlist or enter himself, or hire or retain another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marquee, or privateer, every person so offending shall be guilty of a high misdemeanor, and shall be fined not exceeding one thousand dollars, and be imprisoned not exceeding three years:);http://www.yale.edu/lawweb/avalon/statutes/statutes.htm

Cf. 18 U.S.C. § 219 (Officers and employees acting as agents of foreign principals);

18 U.S.C. § 951 (Agents of foreign governments);

18 U.S.C. § 2386 (Registration of certain organizations); http://www.law.cornell.edu/uscode/text/18/2386

22 U.S.C. § 269g (Private International Law Conference at The Hague and Private Law International Institute in Rome; membership; appointment of delegates); http://uscode.house.gov/download/pls/22C7.txthttp://www4.law.cornell.edu/uscode/html/uscode22/usc_sec_22_00000269—g000-.html22 U.S.C. §§ 288 (International Organizations Immunities Act) Pub.L. 79-291, 59 Stat. 669, H.R. 4489, enacted December 29, 1945. Chapter 652 http://www4.law.cornell.edu/uscode/html/uscode22/usc_sec_22_00000288—-000-.html

22 U.S.C.A. 611(c)(1)(iv) & 612 (an Attorney/Representative is required to file a “Foreign Agents Registration Statement” if representing the interests of a Foreign Principal or Power. (See: 22 U.S.C.A. 613, Rabinowitz vs. Kennedy, 376 U.S. 605, 11 L. Ed. 2d 940, 18 U.S.C.A. 219 & 951);

22 U.S.C. § 613 (Exemptions);

28 U.S.C. § 297 (Assignment of judges to courts of the freely associated compact states);

28 U.S.C. §§ 1602-1611

(Foreign Sovereign Immunity Act) Act of Oct. 21, 1976, 90 Stat. 2892, Pub.L. 94-583, § 4(a);http://www.law.cornell.edu/uscode/28/usc_sup_01_28_10_IV_20_97.htmlVienna Convention on Diplomatic Relations (1961) Done at Vienna on 18 April 1961. Article 31 1 (A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State.);http://untreaty.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf

2 thoughts on “Diplomatic Immunity

    1. But I wouldn’t do a Count Dracul though (And I think Dracul was Vlad the Impaler’s actual name…could be Dracula, though…and what was the name of that countess or whatever that used to eat the hearts and drink the blood of peasant women? The movie “Hostel 2” had a similar character.)

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