The Problems of the Immunity of Diplomats from Prosecution

1
The Problems of the Immunity of Diplomats from
Prosecution

• Sabahat Ahmad
• Isabelle Fairless

2
A few statistics

• 1981, NYC, 15 women raped at knife point
• 1982, Washington, nightclub bouncer shot and
  seriously wounded
• 1984, London, police constable shot and killed
  outside Libyan embassy
• 1987, London, sexual abuse of a young girl
• 1987, NYC, woman beaten, robbed and sexually
  assaulted

3
Format

• Sources of Diplomatic Immunity
• The Vienna Convention
• Discussion of The Fletcher Case
• The actual D.I. Problem

4
Sources of Diplomatic Immunity

• Greeks and Romans extended courtesy to opponents
• Vattels Le Droit des Gens of 1758 remained
  primary source of Law for over 200 years
• Vienna Convention of 1815 recognised necessity of
  Diplomatic Immunity
• Attempts to codify Diplomatic Law prior to Vienna
  Convention of 1961 lacked depth and detail

5
The Vienna Convention - 1961

• Made several significant changes to customary
  International Law
• Those that increased immunities and privileges
  involved mission premises, diplomatic
  communication, and immunity from civil
  jurisdiction
• Those that decreased immunities and privileges
  involved taxes and diplomatic mission personnel

6
The Vienna Convention - 1961

• Omissions
• Droit de Chapelle
• Diplomatic Asylum
• Embassy Bank Accounts
• Results
• Stabilised Diplomatic Law
• Extremely resilient to attack
• Inherent contradictions
• Two exceptions to generally high standard of
  compliance

7
The Fletcher Case

• Revolution in Libya (background)
• The Libyan Bureau in London

8
Diplomatic Crisis

• Her Majestys Govt try to terminate relations by
  agreement
• Termination of Diplomatic Relations on 22nd April
• Evacuation on 27th April
• Forensic evidence found on 30th April
• General outrage towards D.I.

9
DI concerns Inviolability of the premises

• Absolute inviolability
• General treaty principles
• Self-defense principle

10
Diplomatic Bags

• Inviolability
• Scanning
• Libyas reservation

11
Criminal Offenses

• Personal inviolability
• Physical privilege
• Diplomatic immunity
• Immunity from suit

12
Restricting Abuse

• Persona non grata
• Limiting mission size
• International cooperation
• Corruption
• www.privacyworld.com

13
Conclusion