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Diplomatic Immunity: A Reconsideration of an Ancient Concept

NCJ Number
127435
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
This article discusses the controversies surrounding diplomatic immunity, particularly its theoretical concepts, the extent of diplomatic crime, and current responses to diplomatic problems. It also presents a proposal and analysis for change.
Abstract
Although the frequency of diplomatic crime is not high, the seriousness of some offenses warrants further examination. The principle of diplomatic immunity is supported by international law, the functional necessity theory, the representative character postulate, and the theory of extraterritoriality. All are based on the principle of equality between nations and respect for the importance of reciprocal relations. Present alternatives to diplomatic problems include executive discretion, denial of immunity, expulsion, voluntary waiver, and statute of limitations. In order to provide adequate protection for the public and greater respect for the institution of diplomacy, the new proposal suggests the deterrent threat of expulsion of senior level diplomats and criminal prosecution of serious crimes of lower-level diplomats. The prosecution and punishment should be conducted under the auspices of the United Nations. 36 references (Author abstract modified)

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