International Law

Diplomatic Law

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Contents1. Introduction:..................................................................................................................................2

2. History of International Law:.........................................................................................................2

3. Diplomatic Immunity:....................................................................................................................3

4. Problems in Diplomatic Immunity:................................................................................................3

5. Misuse of Diplomatic Immunity:....................................................................................................4

6. Conclusions:...................................................................................................................................6

References:........................................................................................................................................7

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1. Introduction:The establishments of international law (or the law of countries) as it is seen today lie

immovably in the improvement of Western society and political association. (Shaw, 2008)

The development of European ideas of power and the autonomous country state obliged an

adequate strategy whereby between state relations could be directed as per usually

acknowledged standards of conduct, and international law filled the crevice. (Shaw, 2008)

Anyway despite the fact that the law of countries flourished and blossomed with the

refinement of Renaissance Europe, the seeds of this specific half breed plant are of far more

established ancestry. They reach far go into history.

2. History of International Law:While the modern international system can be followed back in the ballpark of 400 years,

sure of the fundamental ideas of international law can be observed in political connections

thousands of years ago. (Shaw, 2008) Around 2100 BC, for example, a serious settlement

was marked between the leaders of Lagash and Umma, the city-states arranged in the region

referred to students of history as Mesopotamia. (Shaw, 2008) It was recorded on a stone

square and concerned the foundation of a characterized limit to be regarded by both sides

under torment of distancing various Sumerian gods. (Shaw, 2008) The following significant

example known of an imperative, tying, international arrangement is that finished up in

excess of 1,000 years later between Rameses II of Egypt and the lord of the Hittites for the

foundation of everlasting peace and brotherhood. Other focuses secured in that understanding

marked, little doubt remains, at Kadesh, north of Damascus, included appreciation for one

another's regional respectability, the end of a state of animosity and the setting up of a type of

preventive union. (Shaw, 2008)

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3. Diplomatic Immunity:The immunities allowed to diplomatic staff, and their families, are set out in the 1961 Vienna

Convention on Diplomatic Relations ("VCDR") (and the Vienna Convention on Consular

Relations 1963 and Consular Relations Act 1968) to which the United Kingdom is a

gathering. The significant procurements of the Convention are connected in the UK by the

Diplomatic Privileges Act 1964. (United Nations, 1961)

Diplomatic immunity in the UK is presented on all entitled parts of a remote mission (and

entitled relatives framing piece of their family, gave they are not nationals of the UK) (CPS,

n.d) who have been told to, and acknowledged by, the Foreign and Commonwealth Office

(FCO) as performing a diplomatic capacity. (CPS, n.d) Immunity is subject to rank, and

reaches from safety from criminal and common and authoritative purview to insusceptibility

for authority acts just.

On discontinuance of their excluded status, diplomats and their dependants have 31 days with

benefits and immunity in which to withdraw the UK. The VCDR obliges diplomats and their

families to appreciation the laws and regulations of the host nation. (CPS, n.d)

4. Problems in Diplomatic Immunity:Individual sacredness and diplomatic immunity from criminal purview still stay among the

most dangerous issues in cutting edge diplomatic law. (Värk, n.d) Such uncommon benefits

have for long viably ensured diplomatic agents and other outside authorities from obstruction

with their flexibility, which may be chaperon upon punitive progressing, the goal of which is

the abbreviation of budgetary or individual freedom in light of a legitimate concern for

discipline or discouragement. (Värk, n.d) On the other hand, daily practice demonstrates that

both states and diplomatic specialists still have issues with deciphering the important

procurements of the Vienna Convention on Diplomatic Immunity. (Värk, n.d) Unfortunately

the diplomats are more probable the individuals who infrequently have a tendency to

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misjudge the degree of their benefits and therefore make use or, to be more exact and right,

ill-use their sacredness and immunity. Such misuses may in any case be passable by the

accepting state for the sake of securing viable execution of diplomatic capacities, if these ill-

uses include only minor offenses or unlawful acts. (Värk, n.d) Anyway do accepting states

and the international group need to endure individual sacredness and diplomatic resistance if

there should be an occurrence of genuine wrongdoings, for example, murder and intrigue and

additionally atrocities and law violations against mankind? The present article expects to

address such issues and look at conceivable answers for these issues and conceivable cures

against ill-uses of diplomatic status. (Värk, n.d)

5. Misuse of Diplomatic Immunity:For around 15 years it was decently by and large felt that the procurements of the Vienna

Convention did in reality give a reasonable harmony between the hobbies of the sending and

getting states. (Higgins, 1985) Anyway in a hefty portion of the significant capitals of the

world, it came to be felt that diplomats were misusing the favoured status given to their

vehicles, and specifically stopping wrongfully, bringing about deterrents and neglecting to

pay movement fines. (Higgins, 1985) This inclination was, obviously, exacerbated in a

nation, for example, the United States, which was additionally have in New York to the

United Nations and critical specific organizations. (Higgins, 1985) By difference, there was a

great deal less open attention to petty criminal offenses by the diplomatic group in London.

(Higgins, 1985)Then again, London has appeared an alluring venue for shoplifting and

different offenses. In the period 1974-mid-1984, there were 546 events on which persons kept

away from capture or arraignment for some serious allegations. (Higgins, 1985)

There has been some great abuse of diplomatic immunity in UK. In March 2014, it was

revealed that several workers had escaped serious crimes such as sexual assault and human

trafficking in the veil of diplomatic immunity for over thirty years in UK. (Bennet, 2014)

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Some Saudi diplomats escaped driving under the influence of alcohol charges due to their

diplomatic immunity. (Brady, 2014) Had this crime been committed in Saudi Arabia itself,

they would have been subject to 800 lashes. (Brady, 2014)

In 2013 & 14 genuine and noteworthy offenses professedly dedicated by individuals qualified

for diplomatic immunity in the United Kingdom were attracted to the consideration of the

Foreign and Commonwealth Office by Diplomatic Protection Group of the Metropolitan

Police. Eight of these were driving-related. We characterize genuine offenses as those which

could, in specific circumstances, convey a punishment of 12 months detainment or more.

Additionally included are beverage driving and driving without protection. (Simmonds, n.d)

Around 21,500 individuals are qualified for diplomatic immunity in the United Kingdom and

the dominant part of diplomats complies with UK law. (Simmonds, n.d) The quantity of

charged genuine law violations conferred by parts of the diplomatic group in the UK is

proportionately low. (Simmonds, n.d)

In 2014, sexual assault was alleged on two Pakistani Embassy workers with Diplomatic

immunity in UK. (Web Desk, 2014)

As recently as October 2014, a member of the Bahraini Royal family, Prince Nasser was

stripped of diplomatic immunity. (Law, 2014)

Moreover, recently it came to light how a diplomat held their domestic help in captivity in the

UK for several years, denying her salary and making her work at odd hours. (Hirsch, 2014)

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6. Conclusions:Diplomatic Law was introduced in order to help easy exchange of information and help them

from being subject to persecution in a foreign land. (Frey, 2013). However, in the UK it has

seen a lot of misuse or abuse in the past. These issues need to be seriously considered, as the

people enjoying immunity sometimes cross the line and it ends up in hurting other people.

The question needs to be asked is whether the rights of a diplomat more than the common

man, is the common not entitled to basic rights. Some diplomats have escaped with heinous

crimes such as rape and even murder because of the immunity they enjoy. This calls for a

serious revision to the prevailing law, and exceptions must be added where diplomats can be

subject to prosecution in certain cases.

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References:Bennet, O. (2014, March 26). Embassy workers use 'diplomatic immunity' in UK to avoid sexual assualt allegations. Retrieved January 09, 2015, from Express: http://www.express.co.uk/news/uk/467007/Embassy-workers-use-diplomatic-immunity-in-UK-to-avoid-sexual-assualt-allegations

Brady, T. (2014, July 16). Saudi diplomats avoided drink-drive charges in UK because they have diplomatic immunity - but would be sentenced to 800 lashes if caught in Riyadh. Retrieved January 09, 2015, from Daily Mail: http://www.dailymail.co.uk/news/article-2694044/Saudi-diplomats-avoided-drink-drive-charges-UK-diplomatic-immunity-sentenced-800-lashes-caught-Riyadh.html

CPS. (n.d). Diplomatic Immunity and Diplomatic Premises. Retrieved January 09, 2015, from Crown Prosecution Services: http://www.cps.gov.uk/legal/d_to_g/diplomatic_immunity_and_diplomatic_premises/

Frey, L. (2013, May 05). Diplomatic immunity. Retrieved January 09, 2015, from Encyclopedia Brittanica: http://www.britannica.com/EBchecked/topic/931495/diplomatic-immunity

Higgins, R. (1985). THE ABUSE OF DIPLOMATIC PRIVILEGES AND IMMUNITIES: RECENT UNITED KINGDOM EXPERIENCE. American Journal of International Law , 10.

Hirsch, A. (2014, November 26). Diplomats Traffic Workers Under Legal Immunity. Retrieved January 09, 2015, from Sky News: http://news.sky.com/story/1380427/diplomats-traffic-workers-under-legal-immunity

Law, B. (2014, October 07). Bahraini royal stripped of UK diplomatic immunity. Retrieved January 09, 2015, from Middle East monitor: https://www.middleeastmonitor.com/news/europe/14542-bahraini-royal-stripped-of-uk-diplomatic-immunity

Shaw, M. N. (2008). International Law. Cambridge University Press.

Simmonds, M. (n.d). Alleged Serious and Significant Offences (Diplomatic Immunity): 2013. Retrieved January 09, 2015, from UK Government: https://www.gov.uk/government/speeches/alleged-serious-and-significant-offences-diplomatic-immunity-2013

United Nations. (1961, April 18). Vienna Convention on Diplomatic Relations. Retrieved January 09, 2015, from United Nations (Legal): http://legal.un.org/avl/ha/vcdr/vcdr.html

Värk, R. (n.d). Personal Inviolability and Diplomatic Immunity in Respect of Serious Crimes. Retrieved January 09, 2015, from JURIDICA INTERNATIONAL. LAW REVIEW: http://www.juridicainternational.eu/?id=12585

Web Desk. (2014, July 17). Allegations against Pakistani diplomats levelled by asylum-seeking wives: FO. Retrieved January 09, 2015, from The Tribune: http://tribune.com.pk/story/736856/diplomatic-immunity-2-pakistani-diplomats-accused-of-serious-crimes-in-uk-in-2013/

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