Diplomatic immunity

People like you are child sponsors

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 lawsuit 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 the 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 spyinging), 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.

In fiction, diplomatic immunity is often portray negatively with criminal with diplomatic papers brazenly committing the most violent crimes and arrogantly waving their immunity about when the heroes try to stop them.

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.

Category May Be Arrested or Detained Residence May Be Entered Subject to Ordinary Procedures May Be Issued Traffic Citation May Be Subpoenaed as Witness May Be Prosecuted Recognized Family Member
Diplomatic Diplomatic Agent No¹ No Yes No No Same as sponsor (full immunity and inviolability)

Member of Administrative and Technical Staff No¹ No Yes No No Same as sponsor (full immunity and inviolability)

Service Staff Yes² Yes Yes Yes No, for official acts. Otherwise, yes² No immunity or inviolability²

Consular Career Consular Officers Yes, if for a felony and pursuant to a warrant.² Yes⁴ Yes No, for official acts. Testimony may not be compelled in any case. No, for official acts. Otherwise, yes³ No immunity or inviolability²

Honorary Consular Officers Yes Yes Yes No, for official acts. Yes, in all other cases No, for official acts. Otherwise, yes No immunity or inviolability

Consular Employees Yes² Yes Yes No, for official acts. Yes, in all other cases No, for official acts. Otherwise, yes² No immunity or inviolability²

International Organizations International Organization Staff³ Yes³ Yes³ Yes No, for official acts. Yes, in all other cases No, for official acts. Otherwise, yes³ No immunity or inviolability²

Diplomatic-Level Staff of Missions to International Organizations No¹ No Yes No No Same as sponsor (full immunity and inviolability)

Support Staff of Missions to International Organizations Yes Yes Yes No, for official acts. Yes, in all other cases No, for official acts. Otherwise, yes No immunity or inviolability

Category	May Be Arrested or Detained	Residence May Be Entered Subject to Ordinary Procedures	May Be Issued Traffic Citation	May Be Subpoenaed as Witness	May Be Prosecuted	Recognized Family Member
Diplomatic	Diplomatic Agent	No¹	No	Yes	No	No	Same as sponsor (full immunity and inviolability)
Member of Administrative and Technical Staff	No¹	No	Yes	No	No	Same as sponsor (full immunity and inviolability)
Service Staff	Yes²	Yes	Yes	Yes	No, for official acts. Otherwise, yes²	No immunity or inviolability²
Consular	Career Consular Officers	Yes, if for a felony and pursuant to a warrant.²	Yes⁴	Yes	No, for official acts. Testimony may not be compelled in any case.	No, for official acts. Otherwise, yes³	No immunity or inviolability²
Honorary Consular Officers	Yes	Yes	Yes	No, for official acts. Yes, in all other cases	No, for official acts. Otherwise, yes	No immunity or inviolability
Consular Employees	Yes²	Yes	Yes	No, for official acts. Yes, in all other cases	No, for official acts. Otherwise, yes²	No immunity or inviolability²
International Organizations	International Organization Staff³	Yes³	Yes³	Yes	No, for official acts. Yes, in all other cases	No, for official acts. Otherwise, yes³	No immunity or inviolability²
Diplomatic-Level Staff of Missions to International Organizations	No¹	No	Yes	No	No	Same as sponsor (full immunity and inviolability)
Support Staff of Missions to International Organizations	Yes	Yes	Yes	No, for official acts. Yes, in all other cases	No, for official acts. Otherwise, yes	No immunity or inviolability

¹Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety, or the prevention of serious criminal acts.

²This 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.

³A small number of senior officers are entitled to be treated identically to “diplomatic agents.”

⁴Note 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.