The Problems of the Immunity of Diplomats from Prosecution Sabahat Ahmad Isabelle Fairless

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

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

Sources of Diplomatic Immunity Greeks and Romans extended courtesy to opponents Vattel’s ‘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

The Vienna Convention 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

The Vienna Convention 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

The Fletcher Case Revolution in Libya (background) The Libyan Bureau in London

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

DI concerns: Inviolability of the premises Absolute inviolability General treaty principles Self-defense principle

Diplomatic Bags Inviolability Scanning Libya’s reservation

Criminal Offenses Personal inviolability Physical privilege Diplomatic immunity Immunity from suit

Restricting Abuse Persona non grata Limiting mission size International cooperation Corruption

Conclusion