Diplomatic Immunity By: Laura McKenzie

Definitation  Diplomatic Immunity is the right of diplomats and their families while they are while posted in foreign countries to be shielded from criminal prosecution and civil litigation.

Summary  Most government systems in the world have a branch that provides foreign services, this is called diplomatic corps.  They have trained staff whose job it is to assist in implementing their country ’ s policy in the foreign country.  The locations they work at our known as Embassies or Consulates.  The federal department of affairs and international trade oversees this role in Canada.  Most government systems in the world have a branch that provides foreign services, this is called diplomatic corps.  They have trained staff whose job it is to assist in implementing their country ’ s policy in the foreign country.  The locations they work at our known as Embassies or Consulates.  The federal department of affairs and international trade oversees this role in Canada.

Summary Continue  The Embassies in foreign countries are run by an ambassador who is usually a career civil servant or a political appointee.  The ambassador is assisted by many diplomats whose job is to work with specific areas. (Such as military and trade)  The Canadian Embassy ’ s job is to provide help to Canadian ’ s who wish to travel or work in foreign countries.  Also it helps foreign nationals who wish to travel or work in Canada.  The Embassies in foreign countries are run by an ambassador who is usually a career civil servant or a political appointee.  The ambassador is assisted by many diplomats whose job is to work with specific areas. (Such as military and trade)  The Canadian Embassy ’ s job is to provide help to Canadian ’ s who wish to travel or work in foreign countries.  Also it helps foreign nationals who wish to travel or work in Canada.

Summary Continue  Diplomats in foreign countries do not have to follow that country ’ s laws because they have diplomatic immunity.  Also the embassy and its property are treated like it is the diplomat ’ s home country, so the embassy cannot be sued or changed with any crime as well as its privacy must be protected.  Although if a host country is unhappy with the diplomat they can chose to declare him or her a persona non grata which means that person is unwanted and has to return home.  Diplomats in foreign countries do not have to follow that country ’ s laws because they have diplomatic immunity.  Also the embassy and its property are treated like it is the diplomat ’ s home country, so the embassy cannot be sued or changed with any crime as well as its privacy must be protected.  Although if a host country is unhappy with the diplomat they can chose to declare him or her a persona non grata which means that person is unwanted and has to return home.

Summary Continue  Expelling a diplomat is not something that the country takes lightly because it could jeopardize the relationship with the other country.  In a dangerous situation the embassies will send home family members and non essential staff and run off a very small staff.  Expelling a diplomat is not something that the country takes lightly because it could jeopardize the relationship with the other country.  In a dangerous situation the embassies will send home family members and non essential staff and run off a very small staff.

Example  In the city of New York they lose thousands of dollars every year due to unpaid parking tickets, that will most likely never be paid. This is because they belong to international diplomats working at the UN head quarters. Diplomatic immunity was put in place to prevent the harassment of diplomats and shield them from fines. Sadly not all crimes committed by diplomats are so minor, between 1996 and 2001 in Canada 76 foreign diplomats or their family members were accused of crimes such as attempted murder, child abuse and sexual assault. A lot of these diplomats used diplomatic immunity to protect them from being changed.

Example Two  An example of a crime that was committed by a diplomat was by Andrei Knyazev a former Russian diplomat to Canada who was expelled after killing one woman and injuring another due to drunk driving. Although Canadians wanted him changed and trialed in Canada he could not be because of his diplomatic immunity, he was changed on involuntary manslaughter in Russian. A police report said at the time of the accident he refused to take a breathalyzer but was so drunk he could not speak or walk.