Case Study on Diplomatic Immunity

Diplomatic Immunity Case Study:

Diplomatic immunity is the complex of rights and privileges, given to the foreign diplomats and foreign diplomatic agencies and their staff, which include such components as personal integrity, security of official buildings, apartments and property, exemption from taxes, customs inspection, guarantees to the diplomats the right of the secure passage, protection from the civil lawsuit or criminal persecution according to the norms of the host country.

It is obvious that the amount of diplomatic immunity is different in different countries and it depends on the political system, civil rights and freedoms of the society and other peculiarities of the host country. Naturally, the level of diplomatic immunity is set by the host country and is also regulated by the international treaties, for example, by The Vienna Convention on Diplomatic Relations of 1961 and international customary law.

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It is important to know that the level of diplomatic immunity can be reduced by the officials of the host country under the effect of their national and international policy. There are cases when the sending country deprives its diplomat from immunity but it happens when he has committed a serious crime which is not connected with his diplomatic work. Moreover, diplomatic immunity protects the diplomat only in the receiving or host country, because he does not have any protection in his home country and can be easily persecuted in case of any illegal actions. Finally, the diplomat is not able to cancel his immunity, because it can be done only by the sending country, though such decisions occur very seldom even if the host country asks the sending one to cancel the immunity for the criminal persecution of the diplomat.

Diplomatic immunity is the set of rights which protect diplomats from the criminal persecution and other negative moments during their stay in the host country. The student who wants to focus on the research of the definite case about the diplomatic immunity and its problems is able to prepare a case study on this issue and demonstrate his knowledge and creativity to the professor. One should research the case site, analyze the personality of the diplomat and the sending and the host countries and their laws and define the cause and effect of the problem which has occurred there and take efforts to solve it in the constructive and efficient manner.

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