What is diplomatic immunity?
International law means top officials could literally get away with murder
Former tennis champion Boris Becker has claimed that his creditors cannot pursue him in court because he is entitled to diplomatic immunity as an attache for the Central African Republic.
“The German tennis legend was named as a sport and culture attache to the European Union by the government of the conflict-torn African nation in April,” CNN reports.
Becker, who was declared bankrupt last year, says the position is equivalent to a role as a military or trade attache, “which everyone recognises as attracting diplomatic immunity”.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
So who does diplomatic immunity protect - and does it give diplomats carte blanche to commit any crime?
What is diplomatic immunity?
Enshrined by the 1961 Vienna Convention on Diplomatic Relations, diplomatic immunity means that diplomats serving abroad cannot be arrested or prosecuted in either civil or criminal courts in their host country.
It is one of a host of protections contained in the international treaty, which also bars host governments from entering foreign embassies or reading their documents without permission.
The reasoning behind diplomatic immunity is that it prevents governments from persecuting foreign diplomats for political reasons, or prosecuting them for actions that would not be considered crimes in their home country.
However, the principle remains controversial, not least because it gives the impression that consular officials are allowed to operate above the law, free to abuse their power without check.
Headline-grabbing stories in recent years tell of diplomats getting away with everything from human trafficking to racking up tens of millions of pounds in unpaid parking tickets.
Some diplomats have also been accused of using their immunity to flaunt labour laws and exploit their domestic workers, many of whom depend on their employer for their visa, The Atlantic reports.
Who does it protect?
Practiced by all but a handful of nations, diplomatic immunity applies to consular staff posted abroad and the family members who accompany them on their posting.
The level of immunity is “dependent on rank”, says the Crown Prosecution Service. Only top officials such as ambassadors are entitled to full diplomatic immunity, while more junior consular staff may only be covered while performing official duties.
So can diplomats literally get away with murder?
For more serious crimes, the host government may enact Article 9 of the 1961 treaty, which allows host nations to declare a foreign diplomat “persona non grata” - Latin for “unwelcome person”.
Once this status is applied to a diplomat, their home nation must recall them as soon as possible.
If this is not done, or if the crime is particularly serious, the host nation can ask the diplomat’s government to waive their immunity. In 2016, Canada agreed to strip a London-based attache of his immunity so that he could be prosecuted for possessing child pornography.
However, such measures are rarely necessary, as the majority of diplomats behave themselves.
Latest figures show that in 2016, the Foreign Office recorded 12 allegations of “serious and significant” crimes against individuals protected by diplomatic immunity, out of more than 22,000 protected officials stationed in the UK. Eight of the crimes recorded were driving offences.
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
'Unthinkable tragedy'
Today's Newspapers A roundup of the headlines from the US front pages
By The Week Staff Published
-
Passenger: 'pleasingly off-kilter' ITV crime drama
The Week Recommends There's 'plenty to be feared' in this British murder mystery set in a quiet northern town
By Adrienne Wyper, The Week UK Published
-
Crossword: March 27, 2024
The Week's daily crossword
By The Week Staff Published
-
Will Aukus pact survive a second Trump presidency?
Today's Big Question US, UK and Australia seek to expand 'game-changer' defence partnership ahead of Republican's possible return to White House
By Sorcha Bradley, The Week UK Published
-
Cubans rally for 'power and food' in rare protests
Speed Read The protests came after 18-hour rolling blackouts and food supply shortages
By Peter Weber, The Week US Published
-
Iran at the crossroads: have the mullahs lost their grip?
In Depth Iranian voters delivered a 'stinging rebuke' to the regime in parliamentary elections
By The Week UK Published
-
The state of Russian opposition after Navalny
The Explainer Potential challengers to Vladimir Putin have been jailed, exiled or barred from ballot
By Harriet Marsden, The Week UK Published
-
Haiti leader agrees to exit amid growing chaos
speed read Haitian Prime Minister Ariel Henry announced his resignation
By Peter Weber, The Week US Published
-
Will mounting discontent affect Iran election?
Today's Big Question Low turnout is expected in poll seen as crucial test for Tehran's leadership
By Sorcha Bradley, The Week UK Published
-
Sweden clears final NATO hurdle with Hungary vote
Speed Read Hungary's parliament overwhelmingly approved Sweden's accession to NATO
By Peter Weber, The Week US Published
-
Zelenskyy says 31,000 troops dead in 2 years of war
Speed Read Ukrainian President Volodymyr Zelenskyy gave a rare official military death toll
By Peter Weber, The Week US Published