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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). It was agreed as international law in the Vienna Convention on Diplomatic Relations (1961), though the concept and custom have a much longer history. Many principles of diplomatic immunity are now considered to be customary law. Diplomatic immunity as an institution developed to allow for the maintenance of government relations, including during periods of difficulties and even armed conflict. When receiving diplomats—who formally represent the sovereign—the receiving head of state grants certain privileges and immunities to ensure they may effectively carry out their duties, on the understanding that these are provided on a reciprocal basis.
Originally, these privileges and immunities were granted on a bilateral, ad hoc basis, which led to misunderstandings and conflict, pressure on weaker states, and an inability for other states to judge which party was at fault. Various international agreements known as the Vienna Conventions codified the rules and agreements, providing standards and privileges to all states.
It is possible for the official's home country to waive immunity; this tends to happen only 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. Many countries refuse to waive immunity as a matter of course; individuals have no authority to waive their own immunity (except perhaps in cases of defection).
Originally posted by Xcathdra
reply to post by bigfatfurrytexan
An intresting choice of words - American Wealth. Would it not be more appropriate to say the Doctors earned wealth? After all he did the work required to be succesfull, so why does it matter where he sends his wealth?
And America can stop sending jobs overseas at any point we wish. We shoot ourselves in the foot when we have unions who go way beyond their intended use, requireing job security be built into contracts.
Example - The UAW had a contract with one of the big 3 where "job security" was built into the contract. What does this mean? If the company has to shut down an assembly plant due to low sales, the workers who are laid off are still paid as if they are continuing full production.
Also, countries we deal with do not have the same legal systems like us. Some countries, Mexico an China for instance, the Government sets the wages, and not the company doing business there., This is one of the ways other countries gain an advantage over US production.
Currency manipulation is the other...
Originally posted by airspoon
reply to post by proteus33
You have been watching too many movies. Diplomatic immunity does not mean that authorities have no right to stop or search you. As I have said repeatedly, when it is a matter of public safety or security, diplomatic immunity won't save you. For instance, a diplomatic can be detained, thus searched if they are driving drunk (potential to endanger public safety). This diplomat had the option of not flying. She chose to fly on a commercial airliner that according to authorities, has a pat-down procedure which ensures public safety. This diplomat would have posed a security risk, had she not been searched, according to our own authorities.
Would you be okay for a Libyan or Iranian diplomat to thwart security measures on the grounds of diplomatic security. How would you like to be on a plane that had passengers which were not subjected to any security screening, any at all?
Again, if this diplomat didn;t want to be searched, she could have taken another mode of transportation, just like the rest of us. I'm actually extremely offended that a representative of my government gave her an apology. I would be further offended if these "elites" will no longer have to be molested like the rest of us.
Again, if they don't want to be searched, don't fly commercially. Fair enough right, or do you cede to the notion that these foreignors are more trustworthy than say our returning vets?
--airspoon
Source: www.politicsdaily.com...
Al-Madadi, 27, was arrested Wednesday night after flight attendants smelled smoke coming from a first class toilet. When confronted, officials said the diplomat made a sarcastic comment about trying to light his shoes on fire. He was detained, and two F-16 fighter jets were scrambled to escort the plane.
Al-Madadi invoked diplomatic immunity and as a result is unlikely to be charged with a crime. Officials determined he posed no threat and the diplomat returned to Washington Thursday. He was expected to lose his U.S. posting and be sent out of the country.
There needs to be the threat of a possibility of unionizing to keep business honest.
Originally posted by airspoon
reply to post by big_BHOY
You are fooling yourself if you think diplomatic immunity stops the police from detaining diplomats when they are a danger to the public. Sure, they can't be prosecuted bu they can be stopped if they present a danger to the public. The immunity simply means they aren't subjected to our laws.
Granted, very rarely does a diplomat present a danger. However, they can be stopped say if they enter a shopping mall with a gun or if they are about to murder someone off the embassy grounds.
In fact, you saw how diplomatic immunity didn't stop Al-Madadi, a Qatari diplomat, from being detained and arrested, though it does keep him from being charged and prosecuted. Why were authoroties able to arrest him, in spite of his diplomatic immunity? Because he presented a threat to public safety.
Source: www.politicsdaily.com...
Al-Madadi, 27, was arrested Wednesday night after flight attendants smelled smoke coming from a first class toilet. When confronted, officials said the diplomat made a sarcastic comment about trying to light his shoes on fire. He was detained, and two F-16 fighter jets were scrambled to escort the plane.
Al-Madadi invoked diplomatic immunity and as a result is unlikely to be charged with a crime. Officials determined he posed no threat and the diplomat returned to Washington Thursday. He was expected to lose his U.S. posting and be sent out of the country.
The same thing can happen, say if a diplomat is driving drunk, where he also poses a threat to public safety. Of course this hypothetical diplomat wouldn't be charged with a crime, seeing how he isn't subject to our laws.
People watch too many movies and think thus falsely believe that diplomatic immunity means that authorities can't ever touch them for any reason and while that makes for a good plot like, just like a lot of things in Hollywood, it isn't reality.
--airspoon