Mr Emmerson says when crimes are serious, much depends on the attitude of the country which has the option of claiming or waiving the diplomat's immunity, but also on how a country's courts interpret the treaties governing it.
Have there been diplomats who have committed serious crimes and have avoided going through the judicial process?īoris Johnson, when he was foreign secretary, admitted to parliament in 2016 that diplomats had used their immunity to avoid prosecution for offences such as child pornography and human trafficking. Mr Emmerson says: "It's not unusual for states to take a positive approach to waiver if an incident is occurring in a foreign state on which they are on friendly relations and where they have trust in the courts system, to give an independent and impartial verdict." The CPS says enhanced immunity may be afforded to consular staff with whom the UK has a consular agreement - eg most EU countries, but also China, Japan and the US.īut it may also apply to other countries. Much can depend on the state of relations between host country and the country claiming immunity. "The practice is not always consistent and is highly influenced by the circumstances and the sensitivity of the role." When dealing with spousal protection, that is at one step removed." "So, the ambassador, for example, would generally be immune from all forms of civil and criminal process, irrespective of the circumstances, but those responsible for hiring the domestic staff who clean the bins will not necessarily have the same level of protection. He told Sky News: "The general rule is immunity kicks in the closer you get to the functions of state - so if you are dealing with someone operating at a very high level of a particular state's activities abroad, in their mission, or perhaps in an intelligence capacity then, generally speaking, the scope of the diplomatic immunity is absolute and there is no question of challenging it. The first is how senior the diplomat is, and this can also depend on how sensitive their role is - for example, if they work in intelligence.īen Emmerson, a London-based diplomatic immunity lawyer, says in the first instance it depends on how close a diplomat's job description is to the role of ambassador. In reality, the likelihood that a state will assert immunity for one of its diplomats, or their family members, will depend on a number of factors. However, the interpretation of how immune anyone might be is less clear. The CPS is clear that "immunity is dependent on rank and ranges from immunity from criminal and civil and administrative jurisdiction to immunity for official acts only". While they cannot be tried, they can be expelled.ĭo all diplomats who commit a crime automatically receive diplomatic immunity? Is there anything that can be done if a diplomat with immunity has committed a crime? It is not up to the individual diplomat to claim it.
The decision on who has and who does not have immunity rests with the country which posted a diplomat in the first place. It can apply to the husbands or wives of diplomats and other family members.
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There have been instances when this has been abused - for example when PC Yvonne Fletcher was shot dead from the window of the Libyan embassy in London in 1984 - which have severely affected diplomatic relations.Ĭan immunity apply to anyone other than diplomats? The ongoing viability of the treaty and relations between countries are determined by how much respect is afforded. The VCDR obliges members of a diplomatic mission to respect the laws of their host countries. In order for them to face justice in their host country, the country that employs them would have to waive immunity.ĭoes that mean they can do what they want, with impunity?
If a member of an embassy or other mission staff has diplomatic immunity, they can avoid a police investigation or prosecution if they commit a crime, or can avoid the need to defend themselves in a civil suit. Expert Craig Barker explains the waiver given to diplomats and their families
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