Diplomatic immunity
Diplomatic immunity is a form of legal immunity and a policy held between governments, which ensures that diplomats
are given safe passage and are considered not susceptible to suit or prosecution under the host country's laws (although they
can be expelled as undesirable - persona non grata). It was agreed as international law in Vienna Convention on Diplomatic
Relations (1961), though there is a much longer history in international law. It is possible for the official's home country to
waive immunity; this tends to only happen when the individual has committed a serious crime, unconnected with their
diplomatic role (as opposed, to, say, allegations of spying), or has witnessed such a crime. Alternatively, the home country
may prosecute the individual.
This leads to some unfortunate results; protected diplomats have violated laws (including those which would be violations at
home as well) of the host country and that country has been essentially limited to informing the diplomat's nation that said
diplomat is no longer welcome (the latin phrase is 'persona non grata'). Such violations have included espionage in a large
number of cases, smuggling of small high value items in a surely much larger number of instances, some troubling child
custody law violations, and even murder in a few cases.
A particular problem with an intermittently amusing side is the immunity of diplomatic vehicles to ordinary traffic
regulations such as prohibitions on double parking. In New York City, the home of the United Nations Headquarters and a
city in which many drivers regard double parking as normal despite regulations, protests against double parked diplomatic
vehicles have a certain quixotic quality. Nonetheless, the City eternally, and interminably, protests to the US Department of
State about non-payment of parking tickets due to diplomatic status.
Diplomatic and Consular Privileges and Immunities From Criminal Jurisdiction
Summary of Law Enforcement Aspects
Note that the below applies to the United States. In other countries other rules may apply, though in most cases this
summary is a reasonably accurate approximation.
Residence
May Be May Be May Be
May Be Recognized
Arrested Entered Issued May Be
Category Subpoenaed as Family
or Subject to Traffic Prosecuted
Witness Member
Detained Ordinary Citation
Procedures
Same as
sponsor (full
Diplomatic Agent No1 No Yes No No
immunity and
inviolability)
Member of Same as
Diplomatic
Administrative sponsor (full
No1 No Yes No No
and Technical immunity and
Staff inviolability)
No, for No immunity
Service Staff Yes2 Yes Yes Yes
official acts. or
Otherwise, inviolability2
yes2
Yes, if for No, for official
No, for
a felony acts. Testimony No immunity
Career Consular official acts.
and Yes4 Yes may not be or
Officers Otherwise,
pursuant to compelled in 3 inviolability2
yes
a warrant.2 any case.
No, for
No, for official
Consular Honorary official acts. No immunity
Yes Yes Yes acts. Yes, in all
Consular Officers Otherwise, or inviolability
other cases
yes
No, for
No, for official No immunity
Consular official acts.
Yes2 Yes Yes acts. Yes, in all or
Employees Otherwise,
other cases inviolability2
yes2
No, for
International No, for official No immunity
official acts.
Organization Yes3 Yes3 Yes acts. Yes, in all or
Otherwise,
Staff3 other cases inviolability2
yes3
Diplomatic-Level Same as
International Staff of Missions sponsor (full
No1 No Yes No No
Organizations to International immunity and
Organizations inviolability)
Support Staff of No, for
No, for official
Missions to official acts. No immunity
Yes Yes Yes acts. Yes, in all
International Otherwise, or inviolability
other cases
Organizations yes
1
Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety, or the
prevention of serious criminal acts.
2
This table presents general rules. Particularly in the cases indicated, the employees of certain foreign countries may enjoy
higher levels of privileges and immunities on the basis of special bilateral agreements.
3
A small number of senior officers are entitled to be treated identically to “diplomatic agents.”
4
Note that consular residences are sometimes located within the official consular premises. In such cases, only the official
office space is protected from police entry.
This chart is copied from the US State Department's Bureau of Diplomatic Security Web site,
http://ds.state.gov/dipimmunities/dichart.pdf.