![]() ![]() In such cases, the servants of the "criminal" sovereign were often considered accomplices and their persons violated. ĭuring the evolution of international justice, many wars were considered rebellions or unlawful by one or more combatant sides. In Ramayana, when the demon king Ravana ordered the killing of Hanuman, Ravana's younger brother Vibhishana pointed out that messengers or diplomats should not be killed, as per ancient practices. The concept of diplomatic immunity can be found in ancient Indian epics like Ramayana and Mahabharata, where messengers and diplomats were given immunity from capital punishment. Krishna, an avatar of Vishnu, mediating for peace to avert the Kurukshetra War of Mahabharata Alternatively, the home country may prosecute the individual on its own accord or through the insistence of the host country. However, many countries refuse to waive immunity as a matter of course, and diplomats have no authority to waive their own immunity (except perhaps in cases of defection). A foreign official's home country may waive immunity, typically in the event that they are involved in some manner in a serious crime unrelated to their diplomatic role (as opposed to, for example, allegations of spying). Like most foreign persons, they may still be declared persona non grata and expelled. Modern practices of diplomatic immunity have largely conformed to the 1961 Vienna Convention on Diplomatic Relations, which formally codified the legal and political status of diplomats, and has been ratified by the vast majority of sovereign states.Ĭontrary to popular belief, diplomats are not entirely immune from the jurisdiction of their host country. Īs a longstanding and nearly universal concept, diplomatic immunity has long been considered customary law however, it was traditionally granted on a bilateral, ad hoc basis, leading to varying and sometimes conflicting standards of protection. Moreover, such protections are generally understood to be reciprocal and therefore mutually beneficial. It is designed to facilitate relations between states by allowing their respective representatives to conduct their duties freely and safely, even during periods of political tension and armed conflict. ![]() ĭiplomatic immunity is one of the oldest and most widespread practices in international relations most civilizations since antiquity have granted some degree of special status to foreign envoys and messengers. It allows diplomats safe passage and freedom of travel in a host country and affords almost total protection from local lawsuits and prosecution. Example of a diplomatic passport (left) and an official passport (right), both conferring varying levels of diplomatic immunity upon their bearersĭiplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country. ![]()
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