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Defining Diplomat Immunity

Posted on Apr 28 2005, 11:39 AM

Defining Diplomat Immunity

A resolution to restrict political freedoms in the interest of law and order.

Category: Political Stability

Strength: Mild

Proposed by: Cobdenia

Description: RECALLING Article 2 of the “Rights and Duties of UN States” and Article 5 of “Definition of Fair Trial”

REALISING that national law can restrict Diplomatic and Consular personnel (hereafter referred to as Diplomats) from carrying out their assignment

Section I
1. Diplomats are to be immune from arrest, prosecution and detention, and are exempt from taxation (excluding sales tax) within the host nation
2. The residence and property of Diplomats and Diplomatic missions are inviolable from seizure or search by the government or government agents, and are exempt from taxation within the host nation
3. Goods and documents in transit to or from a Diplomats and missions within a sealed ‘Diplomatic Bag’ are inviolable from seizure or search by the government or government agents, and exempt from customs and excise duties
4. Diplomats-on official business and presenting a Diplomatic Passport with a valid Diplomatic Visa-and their property are inviolable from search and seizure at the entry and exit points of the host nation
5. The security of Diplomats and Missions is the primary concern of the host nation

Section II
1. Diplomatic or Consular status and privileges are to be recognised only within the host nation
2. Diplomats are expected to provide their Credentials to the appropriate authority prior to receiving Diplomatic status in the host nation and prior to their being posted to the host nation; proof of acceptance is to be in the form of an Exequatur
3. The decision to bestow Diplomatic Immunity is that of the host nation
4. Diplomatic status may be bestowed upon any individual (including, but not limited to Heads of Government on official visits) at the host nation’s discretion, provided the individual is not a resident of the nation in question.
5. Diplomats are to be issued Diplomatic Passports by the base country containing a diplomatic visa from the host country
6. Diplomatic vehicles are expected to display Diplomatic registration numbers, ensigns, etc.
7. Diplomats are subject to the laws, edicts, and taxation (excluding sales tax) of the base nation
8. Diplomats are not immune to arrest, prosecution and detainment within the base nation
9. Diplomats are within the jurisdiction of the government agents of the base nation
10. The government of the host nation has the ability to declare any Diplomat persona non grata (PNG), which is the defined as the revocation of a Diplomat’s Diplomatic status. A Diplomat declared PNG may face prosecution within the host nation under the laws of the base country prior to deportation, where they may serve a punishment. Only a Diplomat, and not a Mission, nor the property of a Mission or Diplomat, can be declared PNG; thus the property of a Diplomat who has been declared PNG remains inviolable from search and seizure
11. The government of the base country has the right to rescind the immunity of any of its diplomats/missions, and they may be searched or tried by the host country for a crime committed whilst the diplomat had immunity. This must be invoked if as prescribed under international law or under a set of laws negotiated by the two nations in the absence of such laws
12. Governments are free to negotiate other circumstances between them under which article 10 must be used
13. Diplomats may be put under ‘house arrest’ for a 24-hour period if they pose a direct threat to the local populace (including, but not limited to, drink driving)

Votes For: 1,069

Votes Against: 528

[Delegate Votes]

Voting Ends: Mon May 2 2005

Abattoir

Pinprick of Apathy

Posts: 398

Posted on Apr 28 2005, 11:44 AM

This formalises what i think all of us use as rules for diplomacy anyway. Yey to this vote.

Starblaydia

Also available in purple

Posts: 1877

Posted on Apr 28 2005, 04:34 PM

Ditto.

Lamoni

Democratic Maniac

Posts: 1952

Posted on Apr 28 2005, 08:44 PM

I have no objections to voice.

Abattoir

Pinprick of Apathy

Posts: 398

Posted on Apr 29 2005, 03:38 PM

As the nations who have gained an embassy within Tom Joad can attest the regulations are strict, this piece of international legislation would prove contradictory in the extreme in some cases and as such Atlantis stands against this resolution.

Tom Joad

Scribe in Training

Posts: 23

Posted on May 3 2005, 12:40 AM

The Confederacy of Latao supports the proposal, as it already meets basic Latin law.

However, article 3 could allow some abuse:

QUOTE

3. Goods and documents in transit to or from a Diplomats and missions within a sealed ‘Diplomatic Bag’ are inviolable from seizure or search by the government or government agents, and exempt from customs and excise duties

Latao

Emperor

Posts: 535

Posted on May 3 2005, 04:25 PM

If a diplomat cannot transport highly crucial documents that may be crucial to trade or security of his nation without fear of having them looked at, then that is no sort of diplomacy.