What exactly does diplomatic immunity entail?

This is a touchy law with the police. basically, it means just about any diplomat, from another approved country, cannot be prosecuted in the U.S. for breaking our laws. the immunity does remain in effect, after they depart the U.S. .immunity does not apply in most of their own countries.

Do not let this law fool you. it can be enforced outside the U.S. for crimes commited in the U.S. no more comments.

@john65pennington I only know about it from the movies – but on the various CSI’s it doesn’t extend to murder, methinks. N’est ce pas?

@seazen – It in fact does apply to murder, at least in terms of the theoretical privileges of the immunity.

For serious crimes, the host country can request that the diplomat’s country waive immunity in order to prosecute the individual. Should this happen, the person could be prosecuted in the host country’s courts.

If they do not, and the host country wishes to pursue it, the only real step left is to declare the diplomat “persona non grata” which essentially cuts off diplomatic relations with the diplomat’s home country.

The purpose of diplomatic immunity is, essentially, to treat the diplomat in many ways as if the diplomat were the sovereign nation represented. It sets up a legal fiction so that the diplomat can’t be subject to the laws of the host nation as no nations law are applicable to another nation. The Vienna Convention on Diplomatic Relations is the go-to for the governing ideas of diplomatic legal treatment.

Realize also that there are many representatives not subject to diplomatic immunity, but rather consular immunity and the level of immunity depends on the function of the officer.

@iamthemob

Does DI also usually apply to a diplomat’s immediate family?
I’m thinking of an episode of “CSI: Miami” that I saw.

It does – and the same rules apply. If you look at the consular immunity link I provided above, there’s a pretty useful chart showing the rights applicable to diplomats and other official foreign representatives, as well as how far that extends to family members and staff.

It was always very annoying in DC because the cars with diplomatic tags would park anywhere they pleased, ignore traffic laws and speed limits and be generally rude and inconsiderate. Generalizations of course, but sure was my experience.