Shambhavi
in Constitutional Law
Asked March 28, 2014

Diplomatic Immunity

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how does diplomatic immunity work?

Answer 1

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Saumya Kumar

Diplomatic Immunity means that diplomats sent from a foreign country is immune from legal proceedings in the host country. The diplomat cannot be prosecuted in the host country. The procedure for diplomatic immunity has been in practice from ancient times and has now been codified in the Vienna Convention on Diplomatic Relations (1961). Under International Law, it is the responsibility of the host state to protect the diplomatic immunity of the diplomat. This practice was initiated so that even during the period of war between two states, their diplomats in the each other’s territories is not prosecuted. Further, the diplomatic immunity was granted on a mutual basis to ensure that diplomatic relations can be maintained and the diplomat can carry out his duties efficiently. Over a period of time, diplomats have misused this diplomatic power by committing grave offences in the home state which has led many host countries to withdraw the diplomatic immunity, done mostly to protect the public interest of the host country.

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