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Diplomatic Immunity - RESOLUTION

Posted on Oct 15 2005, 07:20 AM

Diplomatic Immunity
A resolution to increase democratic freedoms.

Category: The Furtherment of Democracy
Strength: Significant
Proposed by: Cobdenia

Description: REALISING that national law can restrict diplomatic and consular personnel (hereafter referred to as diplomats) from carrying out their assignment

NOTING that unrestricted diplomatic immunity is subject to abuse

FURTHER NOTING that a lack of diplomatic immunity can lead to the abuse of diplomats by national governments for political reasons and cause undue interference with their official duties

EMPHASISING that the decision to grant diplomatic immunity is the exclusive prerogative of the nation in which the diplomat is to be serving (hereafter referred to as the host nation), and that diplomatic immunity may be revoked by either the host nation or the nation that the person represents (hereafter referred to as the home nation)

PROCLAIMS that a person holding diplomatic immunity is immune from arrest and prosecution by the host nation. The person may be detained by host nation officials only when necessary to prevent death or injury of that person or others. In such case, the law enforcement officers shall immediately notify the mission to which the person is assigned. The person shall be promptly released to the custody of an authorised representative of that mission upon request.

FURTHER PROCLAIMS that diplomatic missions and other property declared extraterritorial by agreement between the home and host nations are inviolable from search by host nation officials. Such property may be entered by host nation officials only upon request by the mission involved. Nations may negotiate other circumstances in which such entry is permitted

PROCLAIMS that goods and documents in transit to or from to or from diplomatic missions and identified as diplomatic bags or pouches are inviolable from seizure or search by host nation officials, and exempt from customs and excise duties

AFFIRMS that, if the host nation revokes diplomatic immunity and there is probable cause to believe that the individual has committed a crime under the host nation's law, the person must be tried for said crime under the rules of judicial procedure of the home nation. Evidence and testimony from the host nation must be weighed if admissible under those rules. The trial shall be conducted within the home nation's mission in the host nation whenever feasible. If found guilty, the person shall be immediately returned to the home nation for appropriate punishment

AFFIRMS that if the host nation revokes immunity the diplomat remains immune for prosecution by the host nation for any crime committed whilst the person had immunity

URGES nations to prosecute diplomats charged with crimes whose immunity has been revoked for non-political reasons

AFFIRMS that, if the home nation revokes a person's diplomatic immunity, he or she may face prosecution by the host nation for a crime committed while the immunity was in effect under the host nation’s laws and judicial system

PROCLAIMS that no nation may wilfully send any diplomat with the express purpose of committing a crime in the host nation

RECOMMENDS that nations cooperate in providing diplomatic missions with appropriate security.

Co-authored by Ausserland

Votes For: 354

Votes Against: 108

[Delegate Votes]

Voting Ends: Wed Oct 19 2005

This post has been edited by Bettia on Oct 15 2005, 07:21 AM

Bettia

We don't do defence

Posts: 956

Posted on Oct 15 2005, 07:26 AM

This resolution is fine up to the point about specifying the venue for any trial and imprisonment. If you commit a crime in Bettia, you stand trial in a Bettian court and, if found guilty, you do your time in a Bettian jail and/or punished according to Bettian law.

For this reason, the Bettian delegate is AGAINST this resolution.

Bettia

We don't do defence

Posts: 956

Posted on Oct 15 2005, 02:32 PM

I think resolution-writers tend to get bored by the end of writing one and tack on something dumb at the end. So a big fat meh from me.

Starblaydia

Also available in purple

Posts: 1877

Posted on Oct 15 2005, 04:37 PM

Like Bettia said, it's fine up to a point. I would say that we might send a TG to the nations that wrote this resolution, and point this error out to them. If the resolution fails, they can edit that point, and the resolution would then have a better chance of passing on the second attempt.

Abstain