Why is diplomatic immunity even a thing? Why was this particular job decided to be above the law?

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Why is diplomatic immunity even a thing? Why was this particular job decided to be above the law?

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Anonymous 0 Comments

International lawyer here.

Diplomatic immunity is regulated by law. Not s particular country’s law, but a law common to all nations. The Vienna Convention on Diplomatic Relstions is ratified by 192 countries and even those who have not signed it, are bound to most provisions (including diplomatic immunity) as a matter of customary international law.

Diplomatic immunity is indeed absolute, meaning a diplomat cannot be charged, prosecuted, detained or sesrched by the host country authorities. This is also true for diplomatic premises, staff, their homes and family members. In fact, it is even debatable whether in cases of extreme emergency such as a fire in the embassy the host country is allowed to intervene in any way without the consent of the ambassador. Firemen could potentially be barred from entering the premises during an ongoing fire!

This might not make sense at first, but you need to remember that not all countries have systems with checks and balances to guarantee that the law will not be used politically against perceived enemies. Diplomatic immunity is what keeps Western diplomats in North Korea… alive. This is a consensus that all countries could only arrive on an all-or-nothing basis. It is better to have absolute immunity than too allow some countries to explore loopholes and persecute foreign delegations.

That said, this doesn’t mean diplomats are above the law. They are still accountable to their home countries and international law in general. Also, their individual status as diplomats has to be accepted by the host country and can be revoked at any time by declaring them persona non grata, in which case they will be granted a period to return to their home country and possibly be prosecuted there. Likewise, diplomats are not immune to the jurisdiction of international courts, and if accused of crimes against humanity or war crimes they can also be sent to [Scheveningen.](https://en.m.wikipedia.org/wiki/Hague_Penitentiary_Institution)

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