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Diplomatic Immunity: A Reconsideration of an Ancient Concept

NCJ Number
132033
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 14 Issue: 1-2 Dated: (Spring-Winter 1990) Pages: 269-280
Author(s)
E W Sieh
Date Published
1990
Length
12 pages
Annotation
Diplomatic immunity is an ancient concept that has recently come under attack because, although crimes committed by diplomats are few, some have been serious and well publicized.
Abstract
There were two early exceptions to the principle of diplomatic immunity involving acts of violence and conspiracy which compelled the host government to place the offending diplomats in detention. This author suggests that, to remedy injustices resulting from the debatable application of immunity, signatory nations to the Vienna Convention should agree to prosecute all diplomatically protected lower-level officials who commit serious crimes while acting in an unofficial capacity. Serious crimes would be defined as being mala in se offenses: murder, rape, robbery, assault, burglary, theft, and arson. This proposal would protect each country's ambassadors while simultaneously providing a measure of control over lower level diplomats who may not feel accountable for their personal actions. 36 references (Author abstract modified)

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