Diplomatic privileges and immunities

Conclusion

It is important that law enforcement and judicial authorities of the United States always treat foreign diplomatic and consular personnel with respect and with due regard for the privileges and immunities to which they are entitled under international law. Any failure to do so has the potential of casting doubt on the commitment of the United States to carry out its international obligations or of negatively influencing larger foreign policy interests. As stated above, however, appropriate caution should not become a total ‘hands off ‘attitude in connection with criminal law enforcement actions involving diplomats.

Foreign diplomats who violate traffic laws should be cited. Allegations of serious crimes should be fully investigated, promptly reported to the U.S. Department of State, and procedurally developed to the maximum permissible extent. Local enforcement authorities should never be inhibited in their efforts to protect the public welfare in extreme situations. The U.S. Department of State should be advised promptly of any serious difficulties arising in connection with diplomatic or consular personnel. Law enforcement and judicial authorities should feel free to contact the U.S. Department of State for general advice on any matter concerning diplomatic or consular personnel.

Ex.1 Insert the missing words without referring to the text:

The privileged position of 1… in society is traditional. Privileges and immunities are applicable both to the diplomatic 2… and its 3…, and to the 4…. The privileges and immunities accorded to diplomatic mission and their functions are also 5… to the United Nations and its functions under the 6 … on the Privileges and Immunities of the United Nations, though the application of the Convention varies in different 7…. The 1961 Vienna Convention on Diplomatic Relations represents an internationally agreed codification of modern diplomatic 8….

The premises of a mission and the private 9…of the head of mission are 10…, as are those of members of the diplomatic and administrative and technical 11… of the mission provided that they are not nationals or 12… residents of the host state. They may not be entered by 13…of the host state without the permission of the 14… of mission concerned. The premises, together with their 15… and the 16…of transport belonging to the mission, are immune from 17…, requisition, legal 18… or execution.

The records, documents, 19…and archives of a mission are inviolable at any 20…and wherever they 21… be.

A diplomatic mission is entitled to communicate freely for all official 22… and to have access to every facility for this in the state in which it is 23…. The diplomatic immunities are applicable to different 24…concerning the diplomatic mission, for example, the diplomatic bag, pouch or valise. The diplomatic bag is inviolable: it may not be opened or detained, and every facility must be given for its swift 25…. It may be carried by a 26… courier who enjoys personal inviolability, and is not liable to any 27…of arrest or 28…. Courier must be provided with a 29… indicating his status.

A diplomatic mission is exempt from all national, regional and municipal 30…and 31… in respect of the mission premises. A diplomatic mission is entitled to 32…articles for the official use of the mission, and is exempt from customs and other similar 33… in respect of such articles.

A special point is personal privileges and immunities: full and limited privileges and immunities. Full diplomatic privileges and immunities are applicable to diplomatic 34… and members of their 35…, who always include the 36…and minor children.

Limited diplomatic privileges and immunities are afforded to the following 37… of the staff of a mission: members of the administrative and technical staff, members of the domestic staff and private 38….

Personal privileges and immunities apply from the moment the member of a mission 39… the host country to take up his post. Privileges and immunities come to an 40…when he leaves the country on the conclusion of his 41….

A diplomatic agent and members of his family forming part of his 42… are immune from the 43… jurisdiction, civil and administrative jurisdiction; 44… from all personal and public services and the inspection of personal 45…. They are not obliged to 46… evidence as witnesses.

The immunity from jurisdiction of an individual entitled to such 47… may be waived only by his government.

If legal proceedings are started by a person enjoying diplomatic 48… he is not entitled to claim immunity from jurisdiction in respect of any counterclaim
directly 49… with the principal claim.

In case the diplomatic agent and members of his family have to travel, they are entitled without 50… to do so in the state in which they are serving. When travelling through a third state, provided that they have the necessary visas or letters of their 51… they are entitled to inviolability and other immunities necessary to ensure a safe 52….

The granting of privileges and immunities by a state implies the acceptance of a high standard of responsibility and integrity 53… the part of the 54…. He may 55… interfere in the internal affairs and he should not take 56… of his immunity from the jurisdiction in such matters as motor-car accidents, speeding and 57….

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