Editing Diplomatic immunity

{{Short description|Form of legal immunity and a policy held between governments and tribunals}}
{{Other uses}}
{{Use dmy dates|date=January 2020}}
{{More citations needed|date=July 2023}}
{{Multiple image
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| image1      = Indian Diplomatic Passport.svg
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| footer      = Example of a [[diplomatic passport]] (left) and an [[official passport]] (right) from India, both conferring varying levels of diplomatic immunity upon their bearers
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'''Diplomatic immunity''' is a principle of [[international law]] by which certain foreign government officials are recognized as having [[legal immunity]] from the [[jurisdiction]] of another country.<ref name=":0">{{Cite web |title=diplomatic immunity {{!}} international law {{!}} Britannica |url=https://www.britannica.com/topic/diplomatic-immunity |access-date=2022-09-14 |website=www.britannica.com |language=en}}</ref><ref name=":1">[https://www.state.gov/wp-content/uploads/2019/07/2018-DipConImm_v5_Web.pdf Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities]. U.S. Department of State, Office of Foreign Missions.</ref> It allows [[diplomat]]s safe passage and freedom of travel in a host country, and affords almost total protection from local lawsuits and [[criminal prosecution]].<ref name=":0" />

Diplomatic immunity is one of the oldest and most widespread practices in [[international relations]];<ref name=":1" /> most civilizations since [[Ancient history|antiquity]] have granted some degree of special status to foreign envoys and messengers.<ref name=":0" /> It is designed to facilitate relations between states by allowing their respective representatives to conduct their duties freely and safely, even during periods of political tension and [[War|armed conflict]]. Moreover, such protections are generally understood to be reciprocal and therefore mutually beneficial.<ref name=":1" />

As a longstanding and nearly universal concept, diplomatic immunity has long been considered [[customary law]]; however, it was traditionally granted on a [[Bilateralism|bilateral]], ''[[ad hoc]]'' basis, leading to varying and sometimes conflicting standards of protection. Modern practices of diplomatic immunity have largely conformed to the 1961 [[Vienna Convention on Diplomatic Relations]], which formally codified the legal and political status of diplomats, and has been ratified by the vast majority of sovereign states.

Diplomats may be declared ''[[persona non grata]]'' and expelled, although not prosecuted. A foreign official's home country may waive immunity and allow prosecution, typically if the official was involved in a serious [[crime]] unrelated to their diplomatic role (as opposed to, for example, allegations of [[espionage|spying]]). However, many countries refuse to waive immunity as a matter of course, and diplomats have no authority to waive their own immunity (except perhaps in cases of [[defection]]).<ref name="Subramanian2017">{{cite journal|last1=Subramanian|first1=S. R.|title=Abuse of Diplomatic Privileges and the Balance between Immunities and the Duty to Respect the Local Laws and Regulations under the Vienna Conventions: The Recent Indian Experience|journal=The Chinese Journal of Global Governance|volume=3|issue=2|year=2017|pages=182–233|issn=2352-5193|doi=10.1163/23525207-12340027|doi-access=free}}</ref><ref name="Longley2019">{{Cite web |title=Is Diplomatic Immunity a 'License to Kill?' |last=Longley |first=Robert |work=ThoughtCo |date=2 September 2019 |access-date=7 October 2019 |url=https://www.thoughtco.com/diplomatic-immunity-definition-4153374 |archive-url=https://web.archive.org/web/20191014000139/https://www.thoughtco.com/diplomatic-immunity-definition-4153374 |archive-date=14 October 2019 |url-status=dead }}</ref> Alternatively, the home country may prosecute the diplomat on its own accord or at the behest of the host country.<ref name="Longley2019" />  {{TOC limit}}

==History==

===Prior to modern period===

[[File:Krshna mediating between pandavas and duryodhana.jpg|thumb|[[Krishna]], an avatar of [[Vishnu]], [[Kurukshetra War#Krishna's peace mission|mediating for peace]] to avert the [[Kurukshetra War]] of [[Mahabharata]]]]

The concept of diplomatic immunity can be found in ancient Indian epics like ''[[Ramayana]]'' and ''[[Mahabharata]]'', where messengers and diplomats were given immunity from capital punishment. In ''Ramayana'', when the demon king [[Ravana]] ordered the killing of [[Hanuman]], Ravana's younger brother [[Vibhishana]] pointed out that messengers or diplomats should not be killed, as per ancient practices.<ref>{{cite book|last=Aravamudan|first=Krishnan|title=Pure Gems of Ramayanam|url=https://books.google.com/books?id=CJe9BAAAQBAJ|year=2014|publisher=PartridgeIndia|isbn=978-1-4828-3720-9|pages=[https://books.google.com/books?id=CJe9BAAAQBAJ&dq=%22ambassadors+are+not+sentenced+to+death%22&pg=PA773 773–774]}}</ref>

During the evolution of international justice, many wars were considered rebellions or unlawful by one or more combatant sides. In such cases, the servants of the "criminal" sovereign were often considered accomplices and their persons violated. In other circumstances, harbingers of inconsiderable demands were killed as a declaration of war. [[Herodotus]] records that when heralds of the [[Achaemenid Empire|Persian king]] [[Xerxes I of Persia|Xerxes]] demanded "earth and water" (i.e., symbols of submission) of Greek cities, the [[Athens|Athenians]] threw them into a pit and the [[Sparta]]ns threw them down a well for the purpose of suggesting they would find both earth and water at the bottom, these often being mentioned by the messenger as a threat of siege. However, even for Herodotus, this maltreatment of envoys is a crime.{{citation needed|date=September 2018}} He recounts a story of divine vengeance befalling Sparta for this deed.<ref>Herodotos. ''Histories''. Book VII, Ch. 133-134. (pp. 558–559 in the cited version.) Transl. Rawlinson, G. Wordsworth. Ware, Herefordshire. 1996. {{ISBN|1-85326-466-0}}.</ref>

A [[Ancient Rome|Roman]] envoy was urinated on as he was leaving the city of [[Taranto|Tarentum]]. The oath of the envoy, "This stain will be washed away with blood!", was fulfilled during the [[Pyrrhic War]].

[[Gregory of Tours]] recorded that [[Franks|Frankish]] envoys sent from King [[Childebert II]] to the [[Byzantine]] emperor [[Maurice (emperor)|Maurice]] were killed in [[Carthage]] by the prefect of the city, after one of the Franks had murdered a merchant. After Emperor Maurice heard about this, he ordered for several Carthaginians to be arrested and sent to Childebert for judgment on account of what happened to his envoys.<ref>Gregory of Tours. ''A History of the Franks''. Pantianos Classics, 1916</ref>

The arrest and ill-treatment of the envoy of [[Raja Raja Chola]] by the king of [[Kulasekhara dynasty (Second Cheras)]], which is now part of [[modern India]], led to the naval [[Kandalur War]] in AD 994.<ref>{{cite book|last1=Churchman|first1=David|title=Why we fight: the origins, nature, and management of human conflict|date=2013|publisher=University Press of America|location=Lanham|isbn=9780761861386|page=239|edition=2nd}}</ref>

The Islamic prophet [[Muhammad]] sent and received envoys and strictly forbade harming them. This practice was continued by the [[Rashidun caliphs]] who exchanged diplomats with the Ethiopians and the Byzantines. This diplomatic exchange continued during the [[Arab–Byzantine wars]].<ref name="FadlAbou2009">{{cite book|last1=Fadl|first1=El |last2=Abou |first2=Khaled|last3=Hopley|first3=Russell |editor=John L. Esposito|title=The Oxford Encyclopedia of the Islamic World: Creeds-Intercession|url=https://books.google.com/books?id=KLiEAQAACAAJ|year=2009|publisher=Oxford University Press|isbn=978-0-19-530513-5|chapter=Diplomatic Immunity}}</ref>

Classical [[Sharia]] called for hospitality to be shown towards anyone who has been granted ''[[Aman (Islam)|amān]]'' (or right of safe passage). ''Amān'' was readily granted to any emissary bearing a letter or another sealed document. The duration of the ''amān'' was typically a year. Envoys with this right of passage were given immunity of person and property. They were exempt from [[taxation]], as long as they did not engage in trade.<ref name="FadlAbou2009"/>

As diplomats by definition enter the country under safe conduct, violating them is normally viewed as a great breach of honor. [[Genghis Khan]] and the [[Mongols]] were well known for insisting on the rights of diplomats, and would often take terrifying vengeance against any state that violated these rights; at times razing entire cities in retaliation for the execution of their ambassadors. The Mongols [[Mongol invasion of Khwarezmia|invaded and destroyed the Khwarezmid Empire]] after their ambassadors were mistreated.<ref name=Prawdin>[[Michael Prawdin|Prawdin, Michael]]. ''The Mongol Empire''.</ref>

===16th–19th century===

{{Unreferenced section|date=January 2021}}

The [[Parliament of Great Britain|British Parliament]] first guaranteed diplomatic immunity to foreign ambassadors under the [[Diplomatic Privileges Act 1708|Diplomatic Privileges Act]] in 1709, after Count [[Andrey Matveyev]], a Russian resident in London, was subjected to verbal and physical abuse by [[Bailiff#British Isles|British bailiffs]].

Modern diplomatic immunity evolved parallel to the development of modern diplomacy. In the 17th century, European diplomats realized that protection from prosecution was essential to doing their jobs, and a set of rules evolved guaranteeing the rights of diplomats. These were still confined to Western Europe and were closely tied to the prerogatives of nobility. Thus, an emissary to the Ottoman Empire could expect to be arrested and imprisoned upon the outbreak of hostilities between his state and the empire. The French Revolution also disrupted this system, as the revolutionary state and Napoleon imprisoned numerous diplomats who were accused of working against France. More recently, the [[Iran hostage crisis]] is universally considered a violation of diplomatic immunity. Although the hostage takers did not officially represent the state, host countries are obligated to protect diplomatic property and personnel. On the other hand, during [[World War II]], diplomatic immunity was upheld and the embassies of the belligerents were evacuated through neutral countries.

For the upper class of the 17th, 18th, and 19th centuries, diplomatic immunity was an easy concept to understand. The first embassies were not permanent establishments but actual visits by high-ranking representatives, often close relatives of the [[Sovereignty|sovereign]], or by the sovereign in person. As permanent representations evolved, usually on a treaty basis between two powers, they were frequently staffed by relatives of the sovereign or high-ranking nobles.

[[War]]fare was a status of hostilities not between individual states but between their sovereigns, as well as the officers and officials of European governments, and armies often changed employers. Truces and ceasefires were commonplace, as was the fraternization between officers of opposing armies. If officers were taken prisoner, they usually gave their [[wikt:parole|parole]] and were only restricted to a city away from the theatre of war. Almost always, they were given leave to carry their personal sidearms. Even during the French Revolutionary Wars, British scientists visited the French Academy. In such an atmosphere, it was easy to accept that some persons were immune to the laws. After all, they were still bound by strict requirements of honour and customs.

===Modern era and Vienna convention===

In the 19th century, the [[Congress of Vienna]] reasserted the rights of diplomats; they have been largely respected since then, as the European model has spread throughout the world. Currently, diplomatic relations, including diplomatic immunity, are governed internationally by the 1961 [[Vienna Convention on Diplomatic Relations]], which has been ratified by almost every country in the world.

In modern times, diplomatic immunity continues to provide a means, albeit imperfect, to safeguard diplomatic personnel from any animosity that might arise between nations. As one article put it: "So why do we agree to a system in which we're dependent on a foreign country's whim before we can prosecute a criminal inside our own borders? The practical answer is: because we depend on other countries to honor our own diplomats' immunity just as scrupulously as we honor theirs."<ref>{{cite web|url=http://www.jinnah-institute.org/issues/252-raymond-davis-and-the-vienna-convention- |title=Raymond Davis and the Vienna Convention |publisher=Jinnah Institute |access-date=19 December 2011 |url-status=dead |archive-url=https://web.archive.org/web/20110726203911/http://www.jinnah-institute.org/issues/252-raymond-davis-and-the-vienna-convention- |archive-date=26 July 2011 }}</ref>

During the 18 April 1961 Vienna Convention, the [[Holy See]] was granted diplomatic immunity to its [[nuncio|foreign ambassadors]] as well.<ref name="CNA2019">{{Cite web |title=Holy See waives diplomatic immunity for accused nuncio to France |work=Catholic News Agency |date=8 July 2019 |access-date=7 October 2019 |url= https://www.catholicnewsagency.com/news/41727/holy-see-waives-diplomatic-immunity-for-accused-nuncio-to-france }}</ref>

In the United States, the Diplomatic Relations Act of 1978 ({{UnitedStatesCode|22|254a}} et seq.) follows the principles introduced by the Vienna Conventions. The United States tends to be generous when granting diplomatic immunity to visiting diplomats, because a large number of US diplomats work in host countries less protective of individual rights. If the United States were to punish a visiting diplomat without sufficient grounds, [[United States House of Representatives|US representatives]] in other countries could receive harsher treatment. If a person with immunity is alleged to have committed a crime or faces a civil lawsuit, the [[United States Department of State|State Department]] asks the home country to waive immunity of the alleged offender so that the complaint can be moved to the courts. If immunity is not waived, prosecution cannot be undertaken. However, the State Department still has the right to [[Persona non grata|expel the diplomat]]. In many such cases, the diplomat's visas are revoked, and they and their family may be barred from returning to the United States. Crimes committed by members of a diplomat's family can also result in dismissal.<ref>{{cite web|url=http://www.answers.com/topic/diplomatic-immunity |title=diplomatic immunity: West's Encyclopedia of American Law (Full Article) from |publisher=Answers.com |access-date=19 December 2011}}</ref>

==Exceptions to the Vienna Convention==

Some countries have made [[reservation (law)|reservations]] to the Vienna Convention on Diplomatic Relations, but they are minor. A number of countries limit the diplomatic immunity of persons who are citizens of the receiving country. As nations keep faith to their treaties with differing zeal, other rules may also apply, though in most cases this summary is a reasonably accurate approximation.<ref>{{Citation |title=List of Party States, Declarations and Reservations to Chapter III of the Vienna Convention on Diplomatic Relations of 18 April 1961 |url=http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=III-3&chapter=3&lang=en |date=16 April 2011 |publisher=United Nations Treaty Collection |url-status=dead |archive-url=https://web.archive.org/web/20101227154400/http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=III-3&chapter=3&lang=en |archive-date=27 December 2010 }}</ref> The Convention does not cover the personnel of [[international organization]]s, whose privileges are decided upon on a case-by-case basis, usually in the [[Treaty|treaties]] founding such organizations.

=== UN organisations ===

{{Unreferenced section|date=September 2018}}

The United Nations system (including its agencies, which comprise the most recognizable international bodies such as the World Bank and many others) has a relatively standardized form of limited immunities for staff traveling on [[United Nations laissez-passer|UN laissez-passer]]; diplomatic immunity is often granted to the highest-ranking officials of these agencies. Consular officials (that do not have concurrent diplomatic accreditation) formally have a [[Consular immunity|more limited form of immunity]], generally limited to their official duties. Diplomatic technical and administrative staff also have more limited immunity under the Vienna Convention; for this reason, some countries may accredit a member of technical or administrative staff as an [[attaché]].

=== Others ===

Other categories of government officials that may travel frequently to other countries may not have diplomatic passports or diplomatic immunity, such as members of the military, high-ranking government officials, ministers, and others. For the US military, [[official passport]]s can be used for work related travels only.<ref>{{Cite web|title=Valid passport - the key to summer travel|url=https://www.army.mil/article/38435/valid_passport_the_key_to_summer_travel|access-date=2020-10-24|website=www.army.mil|date=3 May 2010 |language=en}}</ref> Many countries provide non-diplomatic official passports to such personnel, and there may be different classes of such travel documents such as [[official passport]]s, [[service passport]]s, and others. De facto recognition of some form of immunity may be conveyed by states accepting officials traveling on such documents, or there may exist bilateral agreements to govern such cases (as in, for example, the case of military personnel conducting or observing exercises on the territory of the receiving country).

Formally, diplomatic immunity may be limited to officials accredited to a host country, or traveling to or from their host country. In practice, many countries may effectively recognize diplomatic immunity for those traveling on diplomatic passports, with admittance to the country constituting acceptance of the diplomatic status. However, this is not universal, and diplomats have been prosecuted and jailed for crimes committed outside the country they are accredited to.<ref>{{cite web|url=https://www.channelnewsasia.com/news/singapore/saudi-diplomat-lawyer-ordered-to-pay-costs-for-frivolous-9941168|title=Saudi diplomat's lawyer ordered to pay costs for 'frivolous' application to Court of Appeal|website=channelnewsasia.com|archive-url=https://web.archive.org/web/20180319060942/https://www.channelnewsasia.com/news/singapore/saudi-diplomat-lawyer-ordered-to-pay-costs-for-frivolous-9941168|access-date=27 March 2018|archive-date=19 March 2018}}</ref>

As a result of their title, diplomats are exempt from being prosecuted by the state in open court when they are suspected to be guilty of a crime.<ref>{{Cite web |last=Office of Legal Affairs |first=United Nations |date=18 April 1961 |title=Vienna Convention on Diplomatic Relations |url=https://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf |access-date=March 1, 2022}}</ref> Not only are these agents free from the criminal jurisdiction of the state, they are also immune from administrative and civil jurisdiction. This applies for most scenarios; however, there are some exceptions when the diplomatic immunity is subject to waiver.

# Any events that are associated with individual stationary property in the land of the given receiving State – with the exception of whether or not he is directed to do so for a plan. 
# Any events with regards to a diplomat serving as another role from another State, including heir, inheritor of a will, executor, administrator.
# Any activity by a diplomat, in the receiving State, that is related to any professional or commercial operations beyond the scope of his directed responsibilities.<ref>{{Cite web|last=Amt|first=Auswärtiges|title=Diplomatic immunity – significance and limits|url=https://www.auswaertiges-amt.de/en/aussenpolitik/themen/internatrecht/diplomatic-immunity/2303758|access-date=2020-10-27|website=German Federal Foreign Office|language=en}}</ref>

[[Asadollah Asadi]], an [[Iran]]ian diplomat, was arrested while returning to his residence in [[Austria]] on a highway in [[Germany]] on June 10, 2018, accused of being involved in an attempted bombing at a gathering of the [[National Council of Resistance of Iran]] (a political organisation opposing the Iranian regime).<ref>{{Cite news|url= https://www.bbc.com/news/world-europe-55931633|title=France bomb plot: Iran diplomat Assadollah Assadi sentenced to 20 years|language=en|work=BBC News|date=4 February 2021}}</ref> While Assadi was entitled to diplomatic immunity where applicable, it was deemed that he was not protected when he was arrested as he was on holiday (in Germany) outside the country where he was posted and hence protected.<ref name=sentence>{{Cite news |title=Belgian court sentences Iranian diplomat to 20 years over bomb plot |last=Boffey |first=Daniel |newspaper=The Guardian |date=4 February 2021 |url= https://www.theguardian.com/world/2021/feb/04/assadollah-assadi-belgian-court-sentences-iranian-diplomat-20-years-french-bomb-plot}}</ref>

==Uses and abuses==

In reality, most diplomats are representatives of nations with a tradition of professional [[civil service]]; they are expected to obey regulations governing their behaviour and suffer severe disciplinary action if they flout local laws. In many nations, a professional diplomat's career may be compromised if they (or members of their family) disobey the local authorities or cause serious embarrassment, and such cases are, at any rate, a violation of the spirit of the Vienna Conventions.

The Vienna Convention is explicit that "without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State." Nevertheless, on some occasions, protected diplomats have violated laws (including those that would be violations at home as well) of the host country, and that country has been essentially limited to informing the diplomat's nation that the diplomat is no longer welcome (''[[persona non grata]]''). Diplomatic agents are not, however, exempt from the jurisdiction of their home state, and hence prosecution may be undertaken by the sending state. For minor violations of the law, the sending state may impose administrative procedures specific to the foreign service or diplomatic mission.

Violation of the law by diplomats has included [[espionage]], smuggling, [[child custody]] law violations, money laundering,<ref>{{cite journal|title=Respectable and Professional? A Review of Financial and Economic Misconduct in Diplomatic Relations|journal=International Journal of Law, Crime and Justice|volume=44|pages=88–102|doi=10.1016/j.ijlcj.2015.07.001|year=2016|last1=Zabyelina|first1=Yuliya}}</ref> tax evasion, making terrorist threats,<ref>{{cite web|url=http://www.slate.com/articles/news_and_politics/explainer/2010/04/cant_touch_this.html|title=Can't Touch This: How far does diplomatic immunity go?|author=Christopher Beam|date=Apr 2010|publisher=Slate.com}}</ref> slavery, child solicitation,<ref name="WaPo">{{cite news|url=https://www.washingtonpost.com/archive/local/2005/03/05/diplomat-flees-us-to-avoid-sex-charges/895dcf32-c8a6-46ea-97e3-6f976d9b6b5e/|title=Diplomat Flees U.S. to Avoid Sex Charges}}</ref> and [[murder]].

===Offences against the person===

On-duty police officer [[murder of Yvonne Fletcher|Yvonne Fletcher was murdered]] in [[London]] in 1984, by a person shooting from inside the [[Libyan Embassy in London|Libyan embassy]] during a protest. The incident caused a breakdown in [[diplomatic relations]] until Libya admitted "general responsibility" in 1999.<ref>{{cite news| url=http://news.bbc.co.uk/onthisday/hi/dates/stories/april/17/newsid_2488000/2488369.stm | work=BBC News | title=1984: Libyan embassy shots kill policewoman | date=17 April 1984 | access-date=1 May 2010}}</ref> The incident became a major factor in Prime Minister [[Margaret Thatcher]]'s decision to allow [[President of the United States]] [[Ronald Reagan]] to launch the [[Bombing of Libya (1986)|US bombing of Libya in 1986]] from American bases in the United Kingdom.<ref>{{citation | url = http://www.margaretthatcher.org/speeches/displaydocument.asp?docid=106363 | first = Margaret | last = Thatcher | title = Statement on US bombing of Libya | access-date = 20 May 2012 | archive-url = https://web.archive.org/web/20120513031018/http://margaretthatcher.org/speeches/displaydocument.asp?docid=106363 | archive-date = 13 May 2012 | url-status = dead }}.</ref>

In 1987, the Human Resources Administration of New York City placed 9-year-old Terrence Karamba in a foster home after his elementary school teachers noticed suspicious scars and injuries. He and his 7-year-old sister, who was also placed in city custody, told officials the wounds had been inflicted by their father, Floyd Karamba, an administrative attaché at the Zimbabwean Mission to the UN. No charges were filed, as Karamba had diplomatic immunity.<ref>{{cite news| url=https://www.nytimes.com/1988/01/01/nyregion/court-won-t-bar-return-of-boy-in-abuse-case-to-zimbabwe.html?pagewanted=print&src=pm | work=The New York Times | first=Mark A. | last=Uhlig | title=Court Won't Bar Return of Boy in Abuse Case to Zimbabwe | date=1 January 1988}}</ref>

In February 1999 in [[Vancouver|Vancouver, British Columbia]], Canada, Kazuko Shimokoji, wife of the Japanese Consul-General, showed up at the [[emergency department]] of a city hospital with two black eyes and a bruised neck. She told doctors that her husband had beaten her. When local police questioned her husband, Mr. Shimokoji said, "Yes, I punched her out and she deserved it", and described the incident as "a cultural thing and not a big deal". Although an arrest warrant was issued, Mr. Shimokoji could not be arrested due to his diplomatic immunity. However, his statement to the police was widely reported in both the local and Japanese press. The subsequent public uproar prompted the Japanese Ministry of Foreign Affairs to waive Mr. Shimokoji's immunity. Though he pleaded guilty in Canadian court, he was given an [[Discharge (sentence)|absolute discharge]]. Nonetheless, he was recalled to Japan where he was reassigned to office duty and had his pay cut.<ref>{{cite news | title = Wife-beating diplomat ordered home | url = https://www.cbc.ca/news/canada/wife-beating-diplomat-ordered-home-1.188071 | publisher = CBC News | date = 4 March 1999}}</ref>

In 2002, a Colombian diplomat in the United Kingdom was prosecuted for manslaughter once diplomatic immunity was waived by the Colombian government.<ref>{{Cite news |date=2002-09-27 |title=Colombia waives immunity on pair |language=en-GB |url=http://news.bbc.co.uk/2/hi/uk_news/england/2284320.stm |access-date=2022-10-14}}</ref><ref>{{Cite news |date=2002-07-17 |title=Murder family win Blair's support |language=en-GB |url=http://news.bbc.co.uk/2/hi/uk_news/england/2133055.stm |access-date=2022-10-14}}</ref>

In November 2006 in New York City, Fred Matwanga, Kenyan diplomat to the UN, was taken into police custody by officers responding to reports that he had assaulted his son; he was released after asserting diplomatic immunity.<ref>{{cite news |url=http://www.news24.com/Africa/News/Abusive-Kenyan-diplomat-probed-20061114 |title='Abusive' Kenyan diplomat probed |work=News24 |date=14 November 2006 |access-date=19 December 2011 |archive-url=https://web.archive.org/web/20120305053106/http://www.news24.com/Africa/News/Abusive-Kenyan-diplomat-probed-20061114 |archive-date=5 March 2012 |url-status=dead }}</ref><ref>{{cite news| url=https://www.nytimes.com/2006/11/14/nyregion/14mbrfs-QUEENSCUSTOD_BRF.html?_r=1&adxnnl=1&ref=diplomaticimmunity&adxnnlx=1297944600-IFcittrAcdwp2lHl4hcf6g | work=The New York Times | title=Queens: Custody Battle Over Diplomat's Children | date=14 November 2006}}</ref>

In 2011, Turkish president Erdogan and his team started fighting with UN officials at the United Nations Headquarters. The then secretary general, [[Ban Ki Moon]], soon ran over and apologised to Erdogan.<ref>{{Cite news|url=https://www.nytimes.com/2011/09/27/world/world-peace-still-elusive-as-un-guards-scuffle-with-turks.html|title = Scuffle at the United Nations Ends in an Apology to Turks|newspaper = The New York Times|date = 26 September 2011|last1 = MacFarquhar|first1 = Neil}}</ref>

In April 2012 in the [[Philippines]], Erick Shcks Bairnals, a technical officer of the Panama Maritime Authority's regional office in Manila, was accused of raping a 19-year-old [[Filipinos|Filipino]] woman. Being an attached agency to the Panamanian embassy in Manila, the AMP office was classified as a diplomatic entity, its officers possessing the same privileges conferred to the embassy's diplomats. Shcks was later released from detention because Shcks "enjoys protection under the 1961 Vienna Convention."<ref name="Panamanian diplomat in alleged rape case enjoys diplomatic immunity">{{cite web|last=Singh|first=Amoulin|title=Panama diplomat in alleged rape case has full immunity|url=http://www.gmanetwork.com/news/story/257821/news/nation/dfa-panama-diplomat-in-alleged-rape-case-has-full-immunity|publisher=[[GMA News]]|date=11 May 2012}}</ref>

In March 2013, the [[Supreme Court of India]] restricted Italian ambassador [[Daniele Mancini]] from leaving India for breaching an undertaking given to the apex court.<ref>{{cite news|title=India-Italy marines row: 'No legal immunity' for envoy Daniele Mancini|url=https://www.bbc.co.uk/news/world-21826651|work=BBC News: India|publisher=BBC|date=18 March 2013}}</ref> Despite Italian and European Union protests regarding the restrictions as contrary to the [[Vienna Convention on Diplomatic Relations]], the Supreme Court of India said it would be unacceptable to argue diplomatic immunity after voluntarily submitting to the court's jurisdiction. The Italian envoy had invoked Article 32 of the Constitution of India when filing an affidavit to the Supreme Court taking responsibility for the return of the two Italian marines to India after casting their votes in the March 2012 general elections in Italy. The Indian Supreme Court opined that the Italian ambassador had waived his diplomatic immunity and could be charged for contempt. The two marines were being tried in India for the murder of two Indian fishermen off the coast of Kerala (see the [[Enrica Lexie case]]).

In October 2013, Russian diplomat Dmitri Borodin was arrested in [[The Hague]], The Netherlands, after neighbours called the police. Borodin was alleged to have been drunk and violent towards his children, aged two and four. Police were in the area because Borodin's wife had lost control over her car while also intoxicated, and had rammed four parked cars near the diplomats' house.<ref name="NOS08102013">{{cite news |url=http://nos.nl/artikel/560093-borodin-was-gevaar-voor-kinderen.html |title=Borodin was gevaar voor kinderen |date=8 October 2013|work=[[Nederlandse Omroep Stichting|NOS]] |access-date=8 October 2013}}</ref> Russia immediately demanded an apology from the Dutch government for violating Borodin's diplomatic immunity. The row came at a time of tension between Russia and the Netherlands, after the Russian security services captured a [[Greenpeace]] vessel sailing under the Dutch flag, [[MV Arctic Sunrise|''Arctic Sunrise'']], that was protesting against oil drilling in the [[Prirazlomnoye field]].<ref name="BBC04102013">{{cite news |url=https://www.bbc.co.uk/news/world-europe-24395769 |title=Dutch take legal action over Greenpeace ship in Russia |date=4 October 2013 |work=[[BBC News]] |access-date=8 October 2013}}</ref>

In June 2014, the [[New Zealand government]] confirmed that [[2014 Malaysian diplomat indecent assault case|Mohammed Rizalman Bin Ismail]] from Malaysia, aged in his 30s and employed at [[Malaysia's High Commission in Wellington]], had invoked diplomatic immunity when faced with charges of burglary and assault with intent to rape after allegedly following a 21-year-old woman to her home.<ref name="NZHJun30">{{cite news|url=http://www.nzherald.co.nz/politics/news/article.cfm?c_id=280&objectid=11284197|title=Govt wanted sex case diplomat to face charges - Key|date=30 June 2014|work=[[The New Zealand Herald]]|access-date=30 June 2014}}</ref> He returned to Malaysia in May 2014 with his family while the case was still in hearing. The New Zealand foreign ministry was criticized for allowing the defendant to leave the country, which was blamed on miscommunication between the foreign ministries of the two countries, as Prime Minister [[John Key]] expressed his view that "the man should have faced the charges in New Zealand".<ref name="NZHJun30"/> Malaysia eventually agreed to send the diplomat back to assist in investigations<ref name="Malaysia to send diplomat back to New Zealand wanted on sex charges">{{cite news|url=http://www.independent.ie/world-news/asia-pacific/malaysia-to-send-diplomat-back-to-new-zealand-wanted-on-sex-charges-30401617.html|title=Malaysia to send diplomat back to New Zealand wanted on sex charges|date=3 July 2014|newspaper=The Independent}}</ref><ref name="Malaysian official on sex charge uses diplomatic immunity to leave NZ">{{cite news|url=https://www.theguardian.com/world/2014/jul/01/malaysian-official-sexual-assault-charge-diplomatic-immunity-leave-new-zealand|title=Malaysian official on sex charge uses diplomatic immunity to leave NZ|date=1 July 2014|newspaper=The Guardian}}</ref> and he was eventually tried and sentenced to nine months' home detention in New Zealand.<ref name="Telegraph 4 Feb 2016">{{cite news|url=https://www.telegraph.co.uk/news/worldnews/asia/malaysia/12139460/Malaysian-envoy-gets-nine-months-detention-for-indecent-assault.html |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/worldnews/asia/malaysia/12139460/Malaysian-envoy-gets-nine-months-detention-for-indecent-assault.html |archive-date=12 January 2022 |url-access=subscription |url-status=live|title=Malaysian envoy gets nine-months detention for indecent assault|date=4 February 2016|newspaper=[[The Daily Telegraph|The Telegraph]]}}{{cbignore}}</ref>

In July 2017, in Jordan, two Jordanian carpenters were invited to repair furniture at an Israeli diplomatic security agent's residence near the Israeli embassy. It is believed that the Jordanians and Israeli security agent quarreled over the ongoing tensions regarding the installations of metal detectors at entry points to al-Aqsa mosque in Jerusalem.<ref>{{Cite news|url=https://www.haaretz.com/israel-news/1.803076|title=Diplomatic Crisis With Jordan: Embassy Guard Who Killed Assailant Prevented From Returning to Israel|last1=Ravid|first1=Barak|date=24 July 2017|work=Haaretz|access-date=26 July 2017|last2=Khoury|first2=Jack|language=en|last3=Cohen|first3=Gili}}</ref> One carpenter, a teenager of Palestinian origin, reportedly tried to stab the Israeli security agent with his screwdriver, and the Israeli security agent shot and killed the Jordanian carpenter, and also shot the property landlord, a doctor, who happened to be there at the time.<ref name="Sanchez2017">{{Cite web |title=Israel and Jordan in diplomatic standoff after Israeli security agent kills two at embassy in Amman |last=Sanchez |first=Raf |work=The Telegraph |date=24 July 2017 |access-date=7 October 2019 |url= https://www.telegraph.co.uk/news/2017/07/24/diplomatic-standoff-israel-jordan-shooting-israeli-embassy-amman/ |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/2017/07/24/diplomatic-standoff-israel-jordan-shooting-israeli-embassy-amman/ |archive-date=12 January 2022 |url-access=subscription |url-status=live }}{{cbignore}}</ref> Israel refused to allow Jordanian authorities to question the agent, claiming diplomatic immunity under the Vienna convention.<ref>{{Cite news|url=https://www.theguardian.com/world/2017/jul/23/at-least-one-person-killed-in-shooting-near-israel-embassy-in-jordan|title=Two killed in shooting at Israeli embassy in Jordan|last1=Beaumont|first1=Peter|date=24 July 2017|work=The Guardian|access-date=26 July 2017|last2=agencies|language=en-GB|issn=0261-3077}}</ref>

In August 2017, [[Grace Mugabe]], the former [[First Lady of Zimbabwe]], invoked diplomatic immunity on 15 August after assault charges were laid against her by a South African model.<ref>{{cite news|url=https://www.theguardian.com/world/2017/aug/19/south-africa-grants-grace-mugabe-diplomatic-immunity-report|title=South Africa grants Grace Mugabe diplomatic immunity – report|newspaper=The Guardian|date=19 August 2017}}</ref>

In 2018, Saudi American journalist [[Jamal Khashoggi]] was killed by Saudi officials inside the Saudi embassy in Turkey. The Turkish police were not allowed to enter the premises days after this death. Furthermore, a Saudi government vehicle with diplomatic license plates was spotted entering a park.<ref>{{Cite news|url=https://www.reuters.com/article/us-saudi-politics-dissident-police-idUSKCN1MP224|title = Turkish police enter Saudi consulate in Istanbul|newspaper = Reuters|date = 15 October 2018}}</ref>

In August 2022, UN diplomat [[Charles Dickens Imene Oliha]] of South Sudan's Ministry of Foreign Affairs claimed diplomatic immunity and was released from jail in New York City after raping a woman twice inside her apartment building.<ref>{{Cite news|url=https://nypost.com/2022/08/22/un-diplomat-dodges-nyc-rape-rap-thanks-to-diplomatic-immunity-cop-sources/|title = UN diplomat dodges NYC rape rap thanks to diplomatic immunity: cops|newspaper = New York Post|date = 22 August 2022}}</ref> He subsequently returned to South Sudan, where he was suspended from his duties and is to be investigated.<ref>{{Cite web |last=Houghtaling |first=Ellie Quinlan |date=2022-08-25 |title=African Diplomat Charles Dickens Imene Oliha Claims Diplomatic Immunity, Flees Country After Rape Charges |url=https://www.thedailybeast.com/african-diplomat-charles-dickens-imene-oliha-claims-diplomatic-immunity-flees-country-after-rape-charges |access-date=2022-10-14 |website=The Daily Beast |language=en}}</ref>

===Theft===

In April 2021, two Pakistani diplomats in South Korea were caught shoplifting in Seoul. The Pakistani diplomats were caught stealing $1.70 worth of chocolate and a $10 hat. The case was closed owing to their diplomatic immunity.<ref>{{Cite web|last=Hyo-jin|first=Lee|date=2021-04-25|title=Two Pakistan Embassy employees caught allegedly shoplifting|url=https://www.koreatimes.co.kr/www/nation/2021/10/251_307769.html|url-status=live|archive-url=https://web.archive.org/web/20211022133113/https://www.koreatimes.co.kr/www/nation/2021/04/251_307769.html|archive-date=22 October 2021|access-date=2021-10-22|website=koreatimes|language=en}}</ref>

===Smuggling===

Diplomats and officials involved in drug smuggling have benefited from diplomatic immunity. For example, a Venezuelan general wanted in the United States on drugs charges was arrested in [[Aruba]] only to be released after the Venezuelan government protested his diplomatic immunity and threatened sanctions if Aruba did not release him.<ref>{{cite news|title=Netherlands Says Venezuelan Detained in Aruba Has Immunity |url=https://www.wsj.com/articles/netherlands-rules-venezuelan-detained-in-aruba-has-diplomatic-immunity-1406505987 |access-date=14 December 2014 |agency=WSJ |date=27 July 2014 |url-status=dead |archive-url=https://web.archive.org/web/20150710115148/http://www.wsj.com/articles/netherlands-rules-venezuelan-detained-in-aruba-has-diplomatic-immunity-1406505987 |archive-date=10 July 2015 }}</ref><ref>{{cite news|url=https://www.wsj.com/articles/u-s-plans-sanctions-on-some-venezuelan-officials-1406697081|title=U.S. Plans Sanctions on Some Venezuelan Officials|access-date=17 March 2015|date=30 July 2014|work=The Wall Street Journal<!-- confirms that he is wanted in the US -->}}</ref>

In December 2014, after their immunity was waived by Gambia, Gambian diplomats were found guilty by [[Southwark Crown Court]] of London for selling tax-free tobacco from the Gambian embassy in the United Kingdom. The [[Crown Prosecution Service]] told the court that much of this was sold from the embassy without paying [[value-added tax]] and [[excise duty]].<ref>{{cite web |url=https://www.bbc.com/news/uk-30383204 |title=Gambian Diplomats Guilty of Tobacco Fraud|website=BBC News|date= 8 December 2014}}</ref>

===Employer abuse and slavery===

Diplomatic immunity from local employment and labor law has precipitated incidents in which diplomatic staff have been accused of abusing local workers, who are often hired for positions requiring local knowledge (such as an administrative assistant, press/PR officer) or for general labor. In such situations, the employees are in a legal limbo where the laws of neither the host country nor the diplomat's country are enforceable. Diplomats have ignored local laws concerning [[minimum wage]]s, maximum working hours, vacation and holidays, and in some cases have imprisoned employees in their homes, deprived them of their earned wages, [[passport]]s, food, and communication with the outside world, abused them physically and emotionally, and invaded their privacy.<ref>{{cite web|url=http://www.commondreams.org/cgi-bin/newsprint.cgi?file=/news2007/1115-01.htm |title=ACLU: Abused Domestic Workers of Diplomats Seek Justice From International Commission |publisher=Commondreams.org |date=15 November 2007 |access-date=19 December 2011 |url-status=dead |archive-url=https://web.archive.org/web/20110910141714/http://www.commondreams.org/cgi-bin/newsprint.cgi?file=%2Fnews2007%2F1115-01.htm |archive-date=10 September 2011 }}</ref><ref>{{cite web |url=https://www.aclu.org/womensrights/humanrights/28030prs20070117.html |archive-url=https://web.archive.org/web/20070122033004/http://www.aclu.org/womensrights/humanrights/28030prs20070117.html |url-status=dead |archive-date=22 January 2007 |title=American Civil Liberties Union: ACLU Charges Kuwait Government and Diplomats With Abusing Domestic Workers |publisher=Aclu.org |date=17 January 2007 |access-date=19 December 2011 }}</ref> Reported incidents include the following:

* In 1999, a Bangladeshi woman, Shamela Begum, claimed she had been enslaved by a senior Bahraini envoy to the United Nations and his wife. Begum charged that the couple took her passport, struck her, and paid her just $800 for ten months of service—during which she was only twice allowed out of the couple's New York apartment. The envoy and his wife claimed diplomatic immunity, and Begum later reached a civil settlement with her employers. By some estimates, "hundreds of women have been exploited by their diplomat employers over the past 20 years."<ref name="Reader's Digest">{{cite magazine|url=http://www.rd.com/advice/diplomatic-immunity-going-too-far/|title=The Untouchables: Is Diplomatic Immunity Going Too Far?|magazine=Reader's Digest}}</ref>
* In 2003 in Finland, a Filipina maid escaped from an embassy of an unidentified Asian country, and reported being held in conditions approaching slavery: she was forced to work from 7 a.m. to 10 p.m., 7 days a week, and the ambassador's children were permitted to hit her. On grounds of diplomatic immunity, no charges could be filed.<ref>{{cite web|url=http://www.iltalehti.fi/uutiset/201312140065720_uu.shtml|title=Skandaali Suomessa: Suurlähettiläs piti naista orjatöissä|website=iltalehti.fi|access-date=27 March 2018|archive-url=https://web.archive.org/web/20180327213309/http://www.iltalehti.fi/uutiset/201312140065720_uu.shtml|archive-date=27 March 2018|url-status=dead}}</ref>
* In 2009, [[South Africa]] was criticised for claiming immunity from labor laws relating to a [[Ukrainians|Ukrainian]] [[domestic worker]] at the residence of the South African ambassador in [[Dublin|Ireland]].<ref>{{cite news |url=https://www.irishtimes.com/newspaper/letters/2009/1130/1224259709379.html |title=Use of diplomatic immunity |publisher=Irishtimes.com |date=11 November 2009 |access-date=19 December 2011 |archive-date=20 October 2012 |archive-url=https://web.archive.org/web/20121020192518/http://www.irishtimes.com/newspaper/letters/2009/1130/1224259709379.html |url-status=dead }}</ref>
* In 2010, the [[American Civil Liberties Union]] filed an [[amicus brief]] in ''Swarna v. Al-Awadi'' to argue that [[human trafficking]] is a commercial activity engaged in for personal [[Profit (economics)|profit]], which falls outside the scope of a diplomat's official functions, and therefore diplomatic immunity does not apply.<ref>{{cite web |url=https://www.aclu.org/womens-rights/swarna-v-al-awadi-amicus-brief |title=American Civil Liberties Union: Swarna v. Al-Awadi – Amicus Brief |publisher=Aclu.org |date=16 February 2010 |access-date=19 December 2011 |archive-date=10 December 2011 |archive-url=https://web.archive.org/web/20111210093629/http://www.aclu.org/womens-rights/swarna-v-al-awadi-amicus-brief |url-status=dead }}</ref> An appeals court ruled that Al-Awadi did not have diplomatic immunity in that situation.<ref>{{cite web|title=U.S. Appeals Court Affirms Kuwait Immunity, Rejects Ex-Diplomat Immunity, in Abuse of Domestic Worker Case |url=http://diplomaticlaw.com/blog/2010/10/u-s-appeals-court-affirms-kuwait-immunity-rejects-ex-diplomat-immunity-in-abuse-of-domestic-worker-case/ |access-date=2 July 2014 |url-status=dead |archive-url=https://web.archive.org/web/20140720025615/http://diplomaticlaw.com/blog/2010/10/u-s-appeals-court-affirms-kuwait-immunity-rejects-ex-diplomat-immunity-in-abuse-of-domestic-worker-case/ |archive-date=20 July 2014 }}</ref>
* In 2013, Indian consular official [[Devyani Khobragade]] was detained, hand-cuffed, strip searched, DNA swabbed, and held in a federal holding cell in New York, relating to allegations of non-payment of US minimum wage and for fraudulently lying about the wages to be paid on a visa application for her domestic worker. India registered a strong protest and initiated a review of privileges afforded to American consular officials in India as a result.<ref>{{cite news| url=http://www.cnn.com/2013/12/20/politics/india-us-diplomat/ | work=CNN | title=India's foreign minister: Drop charges against diplomat - CNN.com | date=20 December 2013}}</ref>
* In 2015, two Nepalese women were rescued from the fifth floor of the Gurgaon residence of a [[Saudi Arabia]]n diplomat in India. They were allegedly confined there and abused physically and sexually by the diplomat and his family and friends.<ref>{{cite news|last1=NDTV|first1=NDTV|title=Focus on Saudi Diplomat After Women Allege Gang-Rape, Torture|url=http://www.ndtv.com/india-news/2-women-allegedly-raped-rescued-from-saudi-diplomats-gurgaon-home-1215651|access-date=9 September 2015|agency=NDTV|publisher=NDTV}}</ref> The women were rescued in a police raid planned after the police received a letter from the Nepal embassy regarding their plight. Several persons, the Saudi diplomat among them, were booked for wrongful confinement and gang rape. Saudi Ambassador Saud Mohammed Alsati commented, "This is completely false. We would not like to comment any further since the case is under investigation by the Indian police."<ref>{{cite news|url=http://indianexpress.com/article/india/india-others/saudi-diplomat-booked-for-gangrape-police-free-woman-daughter-from-his-gurgaon-home/|title=Saudi diplomat booked for gangrape, police free woman, daughter from his Gurgaon residence|date=11 September 2015|newspaper=[[Indian Express]]}}</ref> Ten days after the diplomat was accused, it was confirmed that he had left India.<ref>{{cite news|url=http://indianexpress.com/article/india/india-others/gurgaon-rape-case-saudi-arabian-diplomat-leaves-india/|title=Gurgaon rape case: Accused of rape, Saudi diplomat gets away to Saudi Arabia|date=17 September 2015|newspaper=[[Indian Express]]}}</ref>

===Vehicular offences===

====Parking violations====

A particular problem is the difficulty in enforcing ordinary laws, such as prohibitions on [[double parking]]. For example, the [[Autobahn 555]] in [[Cologne]], Germany was nicknamed the "Diplomatenrennbahn" (Diplomat's Raceway), when [[Bonn]] was the capital of [[West Germany]], because of the numerous diplomats that used to speed through the highway under diplomatic immunity. Certain cities, for example [[The Hague]] and New York City have taken to impounding such cars rather than fining their owners. Diplomats' status does not guarantee the release of impounded cars.<ref>{{Cite web |last=Neil |date=2021-12-01 |title=Privilege |url=https://www.bworldonline.com/opinion/2021/12/01/414588/privilege/ |access-date=2022-06-19 |website=BusinessWorld Online |language=en-US}}</ref><ref>{{Cite web |last= |first= |date=2016-11-21 |title=Canberra Times letters to the editor: Welcome response to diplomatic privilege being abused on roads |url=https://www.canberratimes.com.au/story/6039738/canberra-times-letters-to-the-editor-welcome-response-to-diplomatic-privilege-being-abused-on-roads/ |access-date=2022-06-19 |website=The Canberra Times |language=en-AU}}</ref> Diplomats' cars may not be searched or entered in the US.<ref>{{Cite web|url=https://www.state.gov/wp-content/uploads/2019/07/2018-DipConImm_v5_Web.pdf|title=Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities|access-date=11 April 2020}}</ref>

Diplomatic missions have their own regulations, but many require their staff to pay any fines due for parking violations. A 2006 economic study found that there was a significant correlation between home-country [[Political corruption|corruption]] (as measured by [[Transparency International]]) and unpaid parking fines: six countries had in excess of 100 violations per diplomat: [[Kuwait]], [[Egypt]], [[Chad]], [[Sudan]], [[Bulgaria]] and [[Mozambique]].<ref>{{Cite report | first1 =Ray | last1 =Fisman | first2 =Edward | last2 =Miguel | title =Cultures of Corruption: Evidence from Diplomatic Parking tickets | url =http://www.usc.edu/schools/business/FBE/seminars/papers/AE_4-28-06_FISMAN-parking.pdf | date =28 April 2006 | publisher =USC FBE Applied Economics Workshop | url-status =dead | archive-url =https://web.archive.org/web/20160217001131/http://www.usc.edu/schools/business/FBE/seminars/papers/AE_4-28-06_FISMAN-parking.pdf | archive-date =17 February 2016 | df =dmy-all }}</ref> In particular, [[New York City]], which hosts the [[United Nations]] Headquarters, regularly protests to the [[United States Department of State]] about nonpayment of parking tickets because of diplomatic status. In 2001, the city had more than 200,000 outstanding parking tickets from diplomats, totaling more than $21.3 million, of which only $160,682 had been collected;<ref name="JOHN J. GOLDMAN">{{cite news|url=https://www.latimes.com/archives/la-xpm-2001-jul-03-mn-18122-story.html|title=NYC's Diplomatic Take on Tickets|date=3 July 2001|author=JOHN J. GOLDMAN|newspaper=Los Angeles Times}}</ref> a decade later, the total cost of unpaid parking tickets was over $17 million.<ref>{{Cite news |date=2011-09-24 |title=Diplomats owe $17 mln in New York parking fines |language=en |work=Reuters |url=https://www.reuters.com/article/uk-un-fines-newyork-idUSLNE78N00D20110924 |access-date=2022-10-14}}</ref> In 1997, then-mayor [[Rudy Giuliani]] proposed to the [[Clinton administration]] that the U.S. State Department revoke the special DPL plates for diplomats who ignore parking summonses; the State Department denied Giuliani's request.<ref name="JOHN J. GOLDMAN"/>

In cities that impose a [[Congestion pricing|congestion charge]], the decision of some diplomatic missions not to furnish payment has proved controversial. In London, embassies have amassed approximately £58 million in unpaid charges as of 2012, with the American embassy comprising approximately £6 million and the Russian, German and Japanese missions around £2 million each.<ref>{{cite news| url=https://www.bbc.co.uk/news/uk-politics-18725937 | location=London | work=BBC News | title=Diplomats 'owe £58m in London congestion charges' | date=5 July 2012}}</ref><ref>{{cite web|url=http://www.london.gov.uk/media/press_releases_mayoral/new-york-times-urges-us-embassy-pay-congestion-charge |title=New York Times urges US Embassy to pay congestion charge &#124; Greater London Authority |publisher=London.gov.uk |date=31 March 2006 |access-date=19 December 2011 |url-status=dead |archive-url=https://web.archive.org/web/20120502021241/http://www.london.gov.uk/media/press_releases_mayoral/new-york-times-urges-us-embassy-pay-congestion-charge |archive-date= 2 May 2012 }}</ref>

====Vehicular assault and drunk driving====

=====Georgian driver in the United States=====

In January 1997, [[Gueorgui Makharadze]], a high-ranking [[Georgia (country)|Georgian]] diplomat, caused a five-car [[pileup]] in [[Washington, D.C.]], in the United States, which killed a 16-year-old girl. Makharadze's claim of diplomatic immunity created a national outrage in the United States, particularly given Makharadze's previous record of driving offenses: In April 1996, Makharadze had been charged with speeding in Virginia, and four months later, he was detained by District of Columbia police on suspicion of drunk driving.<ref>{{cite news|url=https://www.nytimes.com/1997/10/09/us/georgian-diplomat-pleads-guilty-in-death-of-teen-age-girl.html|title=Georgian Diplomat Pleads Guilty in Death of Teenage Girl|author=MICHAEL JANOFSKY|date=9 October 1997|newspaper=New York Times}}</ref> In both prior cases, charges were dismissed based on his immunity. On the basis of the media coverage, Georgia revoked Makharadze's immunity, and he was ultimately sentenced to seven years in prison after pleading guilty to one count of involuntary manslaughter and four counts of aggravated assault.<ref>{{cite news|url=https://www.latimes.com/archives/la-xpm-1997-dec-20-mn-531-story.html|title=Ex-Diplomat Gets 7 Years for Death of Teen in Crash|agency=Associated Press|date=20 December 1997|newspaper=Los Angeles Times}}</ref>

=====American driver in Russia=====

On 27 October 1998, in [[Vladivostok]], [[Russia]], Douglas Kent, the American [[Consul (representative)#Consul general|Consul General]] to Russia, was involved in a car accident that left a young man, Alexander Kashin, disabled. Kent was not prosecuted in a US court. Under the [[Vienna Convention on Consular Relations|Vienna Convention]], diplomatic immunity does not apply to civil actions relating to vehicular accidents, but in 2006, the [[United States Court of Appeals for the Ninth Circuit]] ruled that, since he was using his vehicle for consular purposes, Kent could not be sued civilly.<ref>{{cite news|title=Immunity shelters former US Consul from Russian invalid |url=http://vn.vladnews.ru/issue531/Crime_watch/Immunity_shelters_former_US_Consul_from_Russian_invalid |publisher=Vladivostok News |date=17 August 2006 |url-status=dead |archive-url=https://web.archive.org/web/20080505012445/http://vn.vladnews.ru/issue531/Crime_watch/Immunity_shelters_former_US_Consul_from_Russian_invalid |archive-date=5 May 2008  }}</ref><ref>{{cite news|title=Russia student in diplomatic controversy |url=http://media.www.dailylobo.com/media/storage/paper344/news/2002/09/16/News/Russia.Student.In.Diplomatic.Controversy-274101.shtml |publisher=New Mexico daily Lobo, From AP |date=16 September 2002 |url-status=dead |archive-url=https://web.archive.org/web/20080608195621/http://media.www.dailylobo.com/media/storage/paper344/news/2002/09/16/News/Russia.Student.In.Diplomatic.Controversy-274101.shtml |archive-date=8 June 2008  }}</ref><ref>{{Cite web |title=FindLaw's United States Ninth Circuit case and opinions. |url=https://caselaw.findlaw.com/us-9th-circuit/1348684.html |access-date=2022-08-07 |website=Findlaw |language=en-US}}</ref>

=====Russian driver in Canada=====

In 2001, a Russian diplomat, Andrei Knyazev, hit and killed a woman while driving drunk in Ottawa. Knyazev refused to take a breathalyzer at the scene of the crash, citing diplomatic immunity.<ref name="CBC News">{{cite web|url=http://www.cbc.ca/news/world/former-russian-diplomat-guilty-of-involuntary-manslaughter-1.313443|title=Former Russian diplomat guilty of involuntary manslaughter|date=19 March 2002|publisher=CBC News}}</ref> Russia refused Canadian requests to waive his immunity, and Knyazev was expelled from Canada. Though the Russian Foreign Ministry fired him and charged him with involuntary manslaughter, and Russian and Canadian authorities cooperated in the investigation,<ref>{{Cite web |date=March 19, 2002 |title=Former Russian diplomat guilty of involuntary manslaughter |url=https://www.cbc.ca/news/world/former-russian-diplomat-guilty-of-involuntary-manslaughter-1.313443 |website=CBC}}</ref> the case caused a political storm in Canada. Many accused the Foreign Ministry of incompetence after it emerged that Knyazev had twice been previously investigated for drunk driving. The Canadian Foreign Minister had fought unsuccessfully to have Knyazev tried in Ottawa.<ref>{{cite news|url=https://www.latimes.com/archives/la-xpm-2001-feb-17-mn-26623-story.html|title=Russia Says Diplomat Will Be Tried in Drunk-Driving Case|date=17 February 2001|newspaper=Los Angeles Times}}</ref> In 2002, Knyazev was found guilty of involuntary manslaughter in Russia.<ref name="CBC News"/>

=====American driver in Romania=====

On 3 December 2004, in [[Bucharest]], [[Romania]], Christopher Van Goethem, an American [[United States Marine Corps|Marine]] serving his embassy, ran a red traffic signal, collided with a taxi, and killed popular Romanian musician [[Teo Peter]].<ref>{{cite news | title = People in the News, May 2005 | url = http://www.vivid.ro/vivid72/pages72/people_in_the_news72.htm | publisher = Vivid – Romania through international eyes | access-date = 5 February 2016 | archive-url = https://web.archive.org/web/20160305045149/http://www.vivid.ro/vivid72/pages72/people_in_the_news72.htm | archive-date = 5 March 2016 | url-status = dead}}</ref> The Romanian government requested the American government to lift his immunity, which it refused to do. In a [[court-martial]], he was acquitted of [[manslaughter]] and [[adultery]] but was convicted of [[obstruction of justice]] and [[making false statements]].<ref>{{cite web|url=http://useu.usmission.gov/Article.asp?ID=5077D987-925A-4039-BA70-98E67450E7C6 |title=USEU: U.S. Military Law Expert Explains Verdict in Romanian Death |access-date=8 January 2009 |url-status=bot: unknown |archive-url=https://web.archive.org/web/20090108081030/http://useu.usmission.gov/Article.asp?ID=5077D987-925A-4039-BA70-98E67450E7C6 |archive-date=8 January 2009  }}</ref>

=====Canadian driver in Tanzania=====

On 9 December 2009, in [[Tanzania]], Canadian [[Envoy (title)|Junior Envoy]] Jean Touchette was arrested after it was reported that he spat at a traffic police officer on duty in the middle of a [[traffic jam]] in the Banana district on the outskirts of [[Dar es Salaam]]. Canada's [[High Commissioner]], Robert Orr, was summoned by the Tanzanian [[Foreign Minister|Foreign Ministry]] over the incident, and the junior envoy was later recalled.<ref>{{cite news| url=http://news.bbc.co.uk/1/hi/world/africa/8411431.stm | work=[[BBC News]] | title=Canada recalls spitting diplomat | date=14 December 2009 | access-date=1 May 2010}}</ref><ref>{{cite web|url=http://www.iol.co.za/index.php?from=rss_Africa&set_id=1&click_id=68&art_id=nw20091214222225370C993592 |title=Tanzania irked by spitting envoy|date= 15 December 2009|website =IOL}}</ref><ref>{{cite web|url=http://www.canadainternational.gc.ca/tanzania-tanzanie/highlights-faits/PressReleaseDec13-09.aspx?lang=en|title=The Canadian High Commission Regrets The Incident Involving One of Its Officials|date=13 December 2011|website=canadainternational.gc.ca|access-date=27 March 2018|archive-url=https://web.archive.org/web/20160304115421/http://www.canadainternational.gc.ca/tanzania-tanzanie/highlights-faits/PressReleaseDec13-09.aspx?lang=en|archive-date=4 March 2016|url-status=dead}}</ref>

=====Romanian driver in Singapore=====

On 15 December 2009, in Singapore, the [[Romania]]n [[chargé d'affaires]], [[Silviu Ionescu]], was allegedly behind a [[2009 Singapore Romanian diplomat incident|drunk-driving hit-and-run accident]] that killed a 30-year-old man and seriously injured two others. He left Singapore for Romania three days after the accident.<ref>{{cite news|url=http://www.channelnewsasia.com/stories/singaporelocalnews/view/1042671/1/.html|title=Former Romanian diplomat "could be criminally involved"|last=Leong|first=Wee Keat|date=10 March 2010|work=[[Channel NewsAsia]]|access-date=10 March 2010|archive-date=11 March 2010|archive-url=https://web.archive.org/web/20100311231615/http://www.channelnewsasia.com/stories/singaporelocalnews/view/1042671/1/.html|url-status=dead}}</ref><ref>{{cite news|url=http://www.straitstimes.com/BreakingNews/Singapore/Story/STIStory_498208.html|title=I was sent 'flying' : Traffic video shows car swerving and hitting him; teen landed 10m away |date=5 March 2010|work=The Straits Times|access-date=10 March 2010|author=Teh Joo Lin & Elena Chong}}</ref> The Romanian foreign ministry suspended Ionescu from his post.<ref>{{cite news|url=http://www.straitstimes.com/BreakingNews/Singapore/Story/STIStory_494014.html|title=Romanian Embassy responds to MFA |date=23 February 2010|work=The Straits Times|access-date=10 March 2010}}</ref> A coroner's inquiry in Singapore, which included testimony by the Romanian embassy driver, concluded that Ionescu was solely responsible for the accident.<ref>{{cite news|url=http://www.straitstimes.com/BreakingNews/Singapore/Story/STIStory_509148.html|title=Coroner blames envoy |author=Elena Chong & Teh Joo Lin |date=1 April 2010|newspaper=The Straits Times|access-date=1 April 2010}}</ref> An [[Interpol notice|Interpol Red Notice]] was subsequently issued for his arrest and possible extradition<ref>{{cite web|url=http://www.interpol.int/public/data/wanted/notices/data/2010/56/2010_15456.asp |title=Ionescu, Silviu |access-date=9 April 2010 |url-status=dead |archive-url=https://archive.today/20100412140457/http://www.interpol.int/public/data/wanted/notices/data/2010/56/2010_15456.asp |archive-date=12 April 2010 }}</ref> notwithstanding the fact that Romania had not waived his diplomatic immunity and had commenced criminal proceedings against him in Romania.<ref>{{cite news|url=http://www.mediafax.ro/english/romania-keeps-singapore-updated-on-steps-taken-in-criminal-case-of-fmr-envoy-ionescu-fm-5849023/|title=Romania Keeps Singapore Updated on Steps Taken in Criminal Case of Fmr Envoy Ionescu – FM|publisher=Mediafax|access-date=10 April 2010|archive-url=https://web.archive.org/web/20100412225520/http://www.mediafax.ro/english/romania-keeps-singapore-updated-on-steps-taken-in-criminal-case-of-fmr-envoy-ionescu-fm-5849023|archive-date=12 April 2010|url-status=dead}}</ref> The Singapore government argued that by reason of Article 39(2) of the Vienna Convention, Ionescu was no longer protected by diplomatic immunity.<ref>{{cite news|url=http://www.asiaone.com/News/AsiaOne%2BNews/Singapore/Story/A1Story20100415-210575.html|title=Ex-envoy not protected by immunity|date=15 April 2010|work=Asiaone|access-date=16 April 2010|archive-url=https://web.archive.org/web/20100419141009/http://www.asiaone.com/News/AsiaOne+News/Singapore/Story/A1Story20100415-210575.html|archive-date=19 April 2010|url-status=dead}}</ref><ref>{{cite news|url=http://www.singaporelawwatch.sg/remweb/legal/ln2/rss/legalnews/67143.html|archive-url=https://web.archive.org/web/20190120144339/https://www.singaporelawwatch.sg/remweb/legal/ln2/rss/legalnews/67143.html|url-status=dead|archive-date=20 January 2019|title=No diplomatic immunity for Ionescu: MFA|date=16 April 2010|work=Singapore Law Watch|access-date=16 April 2010}}</ref> Ionescu was eventually sentenced to six years in jail.

=====American driver in Pakistan=====

In January 2011 in [[Lahore]], [[Pakistan]], American embassy employee [[Raymond Allen Davis incident|Raymond Allen Davis]] shot and killed two Pakistani civilians, while a third man was struck and killed by a US consulate car responding to the shooting. According to Davis, they were about to rob him and he acted in self-defense. When detained by police, Davis claimed to be a consultant at the US consulate in Lahore. He was formally arrested and remanded into custody. Further investigations revealed that he was working with the CIA as a contractor in Pakistan. The [[US State Department]] declared him a diplomat and repeatedly requested immunity under the [[Vienna Convention on Diplomatic Relations]], to which Pakistan is a signatory.<ref>[http://islamabad.usembassy.gov/pr-11012901.html U.S. Embassy Calls for Release of American Diplomat – U.S. Embassy, Islamabad, Pakistan] {{webarchive |url=https://web.archive.org/web/20110201133320/http://islamabad.usembassy.gov/pr-11012901.html |date=1 February 2011 }}</ref><ref>[http://edition.cnn.com/2011/WORLD/meast/02/04/pakistan.us.shooting.index.html CNN]{{dead link|date=May 2025|bot=medic}}{{cbignore|bot=medic}} </ref> On 16 March 2011, Davis was released after the families of the two killed men were paid $2.4&nbsp;million in ''[[diyya]]'' (a form of monetary compensation or [[blood money (term)|blood money]]). Judges then acquitted him on all charges and Davis immediately departed Pakistan.<ref>{{cite news |title=Hushed Deal Frees C.I.A. Contractor in Pakistan |author=Carlotta Gall |author2=Mark Mazzetti |author-link=Carlotta Gall |author2-link=Mark Mazzetti |url=https://www.nytimes.com/2011/03/17/world/asia/17pakistan.html |archive-url=https://ghostarchive.org/archive/20220101/https://www.nytimes.com/2011/03/17/world/asia/17pakistan.html |archive-date=2022-01-01 |url-access=limited |newspaper=The New York Times |date=16 March 2011 |access-date=11 March 2012}}{{cbignore}}</ref>

=====United Nations driver in Pakistan=====

On 10 April 2011, in [[Islamabad]], Pakistan, Patrick Kibuta, an electrical engineer in the [[United Nations Military Observer Group in India and Pakistan]] caused a vehicle collision with another vehicle, while under the influence of alcohol. Kibuta, who was driving in the opposing lane, injured a [[Canadians|Canadian]] citizen residing in Islamabad, who suffered multiple fractures and required surgery. The Kohsar police impounded Kibuta's UN vehicle on the scene, and a blood test confirmed that he had an elevated blood alcohol level. Charges for reckless and drunken driving were filed against Kibuta, who enjoyed diplomatic immunity.<ref>{{cite web|url=http://www.dawn.com/2011/04/13/un-official-booked-for-accident-3.html |title=UN official booked for accident &#124; Provinces |publisher=Dawn.Com |date=13 April 2011 |access-date=19 December 2011}}</ref><ref>{{cite web|url=http://www.dailytimes.com.pk/default.asp?page=2011\story_13-4-2011_pg11_7 |title=Leading News Resource of Pakistan |work=Daily Times|date=13 April 2011 |access-date=19 December 2011 }} {{dead link|date=December 2016 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>

=====American driver in Pakistan=====

On 14 February 2013, a vehicle bearing diplomatic plates registered to the US Embassy got into an accident in [[Islamabad]], [[Pakistan]] involving two residents out of which one was killed and the other survived. Murder charges were laid under Section 320 of the [[Pakistani Penal Code]] against the driver of the vehicle who is a diplomat according to Pakistani officials.<ref>{{Cite web |url=http://www.geo.tv/GeoDetail.aspx?ID=88111 |title=US diplomat faces murder charges for mowing down man |access-date=15 February 2013 |archive-url=https://web.archive.org/web/20130218001535/http://www.geo.tv/GeoDetail.aspx?ID=88111 |archive-date=18 February 2013 |url-status=dead }}</ref>

=====American driver in Kenya=====

In July 2013, Joshua Walde, an American diplomat in Nairobi, Kenya, crashed into a mini-bus, killing one man and seriously injuring eight others, who were left with no financial assistance to pay for hospital bills.<ref name=ABCAug13>{{cite news|url=https://abcnews.go.com/International/wireStory/us-diplomat-kills-man-car-crash-leaves-kenya-19851449|title=US Diplomat Kills Man in Car Crash, Leaves Kenya|date=2 August 2013|work=[[ABC News (United States)|ABC News]]|author=Jason Straziuso|access-date=2 August 2013|archive-url=https://web.archive.org/web/20130805202309/https://abcnews.go.com/International/wireStory/us-diplomat-kills-man-car-crash-leaves-kenya-19851449|archive-date=5 August 2013|url-status=dead}}</ref> United States embassy officials took the diplomat and his family out of Kenya the following day.<ref name=ABCAug13/> The United States government was concerned about the impact the accident could have on bilateral relations with Kenya.<ref name=ABCAug13/> Walde gave a statement to police, but was not detained due to his diplomatic immunity.<ref name=ABCAug13/> Kenyan police say the case remains under investigation.<ref name=ABCAug13/>

=====Lebanese driver in South Korea=====

In September 2013, Jad Saeed al-Hassan, [[Lebanon|Lebanese]] Ambassador to [[South Korea]], was involved in a [[hit-and-run]] in [[Seoul]].<ref>{{cite news|url=https://news.joins.com/article/12688767|author=joins News|date=26 September 2013|title='Hit and run' Lebanese ambassador to Korea, when the police followed him..|newspaper=JoongAng Ilbo|access-date=2 March 2019|archive-date=6 March 2019|archive-url=https://web.archive.org/web/20190306044045/https://news.joins.com/article/12688767|url-status=dead}}</ref> Right after the accident, he drove directly into the [[Lebanon|Lebanese]] [[embassy]] compound and refused to cooperate with the local police investigation, claiming his diplomatic immunity. He stayed in his post as [[ambassador]] until his death due to another [[traffic collision]] in [[Seoul]] in 2014.<ref>{{cite web|url=http://english.chosun.com/site/data/html_dir/2014/05/30/2014053001559.html|author=joins News|date=30 May 2014|title=Lebanese Envoy Dies in Car Crash|publisher=JoongAng Ilbo English|access-date=2 March 2019|archive-url=https://web.archive.org/web/20190306042553/http://english.chosun.com/site/data/html_dir/2014/05/30/2014053001559.html|archive-date=6 March 2019|url-status=dead}}</ref>

=====Qatari driver in the United States=====

On 12 September 2015, Sheikh [[Khalid bin Hamad Al Thani]] tried to claim diplomatic immunity when his [[Ferrari LaFerrari]] and a [[Porsche 911 GT3]] were caught on camera [[drag racing]] through a residential neighborhood in [[Beverly Hills]]. He owns the cars and a drag racing team, and is a member of [[Qatar]]'s ruling family. The [[Beverly Hills Police Department]] contacted the [[US State Department]] to clarify if he had diplomatic immunity. They stated he did not. However, his face was not shown on camera, and no officer witnessed the crime, so the state of California has not yet pressed charges. He has since fled the country. The investigation is ongoing.<ref>{{cite web|url=https://www.yahoo.com/autos/owner-of-beverly-hills-laferrari-does-not-have-129289165617.html|title=Owner of Beverly Hills LaFerrari Does Not Have Diplomatic Immunity, Flees Country|website=Yahoo |date=September 17, 2015 |first1=Alex |last1=Lloyd |access-date=27 March 2018}}</ref><ref>{{cite web|url=http://www.cbsnews.com/news/does-driver-in-beverly-hills-high-speed-race-have-diplomatic-immunity/|title=Does driver in Beverly Hills high-speed race have diplomatic immunity?|website=CBS News |first1=Julia |last1=Dahl |date=September 17, 2015  |access-date=27 March 2018}}</ref>

=====Saudi driver in Germany=====

In June 2017, in Berlin, Germany a Saudi driver killed a cyclist by opening the door of his Porsche directly into the cyclist's path without checking to see if the road was clear. Anger arose when the Saudi claimed diplomatic immunity. Police said that under normal circumstances the driver would face investigation and possible prosecution on suspicion of negligent manslaughter, but prosecutors said they had no choice but to close the case because he had diplomatic immunity.<ref>{{cite news|url=https://www.telegraph.co.uk/news/2017/06/16/anger-berlin-saudi-driver-killed-cyclist-claims-diplomatic-immunity/ |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/2017/06/16/anger-berlin-saudi-driver-killed-cyclist-claims-diplomatic-immunity/ |archive-date=12 January 2022 |url-status=live|title=Anger in Berlin after Saudi driver who killed cyclist claims diplomatic immunity |date=16 June 2017|access-date=27 March 2018 |newspaper=The Telegraph}}{{cbignore}}</ref>

=====American driver in the United Kingdom=====

{{main|Death of Harry Dunn}}

On 27 August 2019, [[Anne Sacoolas]], the wife of an American government employee working in the United Kingdom, was a suspect in a traffic incident involving 19-year-old [[Death of Harry Dunn|Harry Dunn]] in [[Croughton, Northamptonshire|Croughton]], [[Northamptonshire]], [[England]].<ref>{{Cite news|url=https://www.bbc.com/news/uk-england-northamptonshire-49945461|title=Crash victim mum appeals for US suspect's return|work=BBC News|date=5 October 2019}}</ref> Dunn was riding his motorcycle when it was reported that a woman emerged from [[RAF Croughton]] driving on the wrong side of the road, resulting in a head-on collision. After [[999 (emergency telephone number)|999]] handlers wrongly categorized the call, there was a 43-minute wait for an ambulance, resulting in a two-hour delay arriving at a trauma center, where Harry Dunn later died.<ref>{{Cite web|url=https://metro.co.uk/2019/11/06/harry-dunn-left-die-ditch-999-handlers-wrongly-categorised-call-11054291/|title=Harry Dunn 'left to die in ditch' after 999 handlers 'wrongly categorised' call|date=6 November 2019}}</ref> Sacoolas was breathalyzed at the accident site. The following day, police interviewed Sacoolas at her home, learning the US claimed diplomatic immunity.{{cn|reason=malformed URL removed|date=March 2025}}

Sacoolas told police she had no immediate plans to leave the country. However, on 13 October US authorities notified the UK's [[Foreign and Commonwealth Office]] of plans to send Sacoolas home, unless serious objections were raised: on 16 October, the UK's Foreign Secretary, [[Dominic Raab]], went to present objections, a day after the family was sent back.{{cn|reason=malformed URL removed|date=March 2025}}

[[Woody Johnson]], U.S. Ambassador to the UK, expressed "profound sadness" at the death of Harry Dunn and the US Embassy also offered their sympathies and condolences. U.S. President [[Donald Trump]] called it a "terrible accident" and mentioned that the woman was "driving on the wrong side of the road, and that can happen".<ref>{{Cite news|url=https://www.bbc.com/news/uk-england-northamptonshire-49986700|title=Crash death parents 'let down' by governments|work=BBC News|date=9 October 2019}}</ref><ref>{{cite web|url=https://www.telegraph.co.uk/news/2019/10/05/us-diplomats-wife-claims-immunity-leaves-uk-afterfatal-road/ |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/2019/10/05/us-diplomats-wife-claims-immunity-leaves-uk-afterfatal-road/ |archive-date=12 January 2022 |url-access=subscription |url-status=live|title=US diplomat's wife claims immunity and leaves UK after fatal road accident|date=5 October 2019|website=The Telegraph |access-date=5 October 2019}}{{cbignore}}</ref> The US government has not waived the diplomatic immunity afforded to Sacoolas and has stated she would not return to the UK, despite calls by the UK government to do so.<ref>{{cite news|url=https://www.bbc.com/news/uk-politics-49962359|title=Boris Johnson responds to Harry Dunn diplomatic immunity row|date=7 October 2019|newspaper=BBC News}}</ref><ref>{{cite news|url=https://www.bbc.co.uk/news/uk-england-northamptonshire-49995867|title=Harry Dunn crash: Donald Trump notes say US suspect 'will not return to UK'|date=10 October 2019|work=BBC News}}</ref>

Sacoolas was scheduled to appear in UK court via video link charged with causing the death of Mr Dunn by dangerous driving. A hearing took place in [[Westminster Magistrates Court]] on 18 January 2022.<ref>{{Cite web|url=https://news.sky.com/story/harry-dunn-anne-sacoolas-to-appear-in-uk-court-by-video-link-charged-with-causing-death-of-19-year-old-12495120|title= Harry Dunn: Anne Sacoolas due to appear in UK court by video link charged with causing death of 19-year-old|date=14 December 2021 |website=Sky News|access-date=7 January 2022}}</ref> She appeared by video-link at the [[Old Bailey]], where she pleaded guilty to causing death by careless driving on 20 October 2022. She was handed an eight-month prison term, suspended for 12 months, and was also disqualified from driving for 12 months.<ref>{{cite news|url=https://www.bbc.co.uk/news/uk-england-northamptonshire-63328171|title=Harry Dunn: Justice for family three years after crash death|date=8 December 2022|work=BBC News}}</ref>

===== American driver in Zimbabwe =====
In 2023, U.S. diplomat Eric Kimpton, while driving, struck and killed 11-year-old Lillian Mapiye in Zimbabwe. Invoking diplomatic immunity under the Vienna Convention, Kimpton avoided legal proceedings and returned to the United States. The incident sparked discussions between the Zimbabwean government and the U.S. Embassy, with officials emphasizing that while immunity protects diplomats, it does not absolve them of their moral responsibility to respect the laws and lives of their host country.<ref>{{cite news |title=Dema Accident: No Absolute Diplomatic Immunity for US Embassy Official |url=https://www.herald.co.zw/dema-accident-no-absolute-diplomatic-immunity-for-us-embassy-official/ |publisher=The Herald Zimbabwe |date=21 August 2023 |access-date=4 January 2025}}</ref>

===Financial abuse===

Historically, large debts run up by diplomats have caused many problems. Some financial institutions do not extend credit to diplomats because they have no legal means of ensuring the money be repaid. Local citizens and businesses are often at a disadvantage when filing civil claims against a diplomat, especially in cases of unpaid rent, alimony, and child support.

====Rents====

{{globalize|date=May 2017}}

The bulk of diplomatic debt lies in the rental of office space and living quarters. Individual debts can range from a few thousand dollars to $1 million in back rent. A group of diplomats and the office space in which they work are referred to as a [[diplomatic mission]]. Creditors cannot sue missions individually to collect money they owe. Landlords and creditors have found that the only thing they can do is contact a city agency to see if they can try to get some money back. They cannot enter the offices or apartments of diplomats to evict them because the [[Foreign Sovereign Immunities Act]] says that "the property in the United States of a foreign state shall be immune from [[Attachment (law)|attachment]], arrest and execution" ({{UnitedStatesCode|28|1609}}). This has led creditors who are owed money by diplomats to become more cautious about their renters and to change their rental or payment policies.

In one case, for example, officials from Zaire stopped paying rent to their private landlord and ran up $400,000 in debt. When the landlord sued, the US State Department defended the Zaireans on the basis of diplomatic immunity, and a circuit court agreed. When the landlord finally cut off the utilities, the officials fled without paying their back rent. The landlords reportedly later reached an "amicable agreement" with the Zairean government.<ref name="Reader's Digest"/>

====Alimony and child support====

The issue of abusing diplomatic immunity in family relations, especially [[alimony]] and [[child support]], has become so widespread that it prompted discussion at the 1995 UN Fourth World Conference on Women, in [[Beijing]]. Historically, the [[United Nations]] has not become involved with family disputes and has refused to garnish the wages of diplomats who owe money for child support, citing [[sovereign immunity]].{{citation needed|date=September 2018}} However, in September 1995, the incumbent head of [[Legal Affairs]] for the [[United Nations]] acknowledged there was a moral and legal obligation to take at least a partial responsibility in family disputes. Fathers working as diplomats who refused to fulfill their family-related financial duties were increasing in numbers in the [[United Nations]]: several men who had left their wives and children were still claiming UN dependency, travel, and education allowances for their families, though they are no longer supporting those families.<ref>{{cite book |last1=Lehman |first1=Jeffrey |last2=Phelps |first2=Shirelle |title=West's Encyclopedia of American Law, Vol. 3 |date=2005 |publisher=Thomson/Gale |location=Detroit |isbn=9780787663681 |edition=2}}</ref>

====Taxes and fees====

Diplomats are exempt from most taxes, but not from "charges levied for specific services rendered". In certain cases, whether a payment is or is not considered a tax may be disputed, such as [[central London]]'s [[congestion charge]]. It was reported in 2006 that the UAE embassy had agreed to pay their own accumulated charges of nearly £100,000.<ref>{{cite news | title = Embassy to pay congestion charge | url = http://news.bbc.co.uk/1/hi/england/london/4881442.stm | work = BBC News | date = 6 April 2006 | access-date = 28 March 2007 }}</ref>

There is an obligation for the receiving state not to "discriminate as between states"; in other words, any such fees should be payable by all accredited diplomats equally. This may allow the [[diplomatic corps]] to negotiate as a group with the authorities of the receiving country.

Diplomats are exempt from [[import duty]] and [[tariffs]] for items for their personal use. In some countries, this has led to charges that diplomatic agents are profiting personally from resale of "tax free" goods. The receiving state may choose to impose restrictions on what may reasonably constitute personal use (for example, only a certain quantity of [[cigarette]]s per day). When enacted, such restrictions are generally quite generous so as to avoid [[Tit for tat|tit-for-tat]] responses.

==== Money laundering ====

''[[United States v. Al Sharaf]]'' is a criminal case which was filed by the government on March 5, 2015, in the [[United States District Court for the District of Columbia]]. Al Sharaf was a Kuwaiti financial attaché assigned to handle the finances of Kuwait Health Office in Washington, D.C. She was charged by the government with violating 18 U.S.C § 1956, conspiring to launder money. Al Sharaf filed a motion to dismiss the case on the basis of lack of subject matter jurisdiction because as per the 22 U.S.C § 254d her actions were immune under the diplomatic immunity that she had. Since it was a criminal case, the prosecution presented evidence beyond a reasonable doubt to prove that Al Sharaf had engaged in commercial activity and her actions were different from her official functions as a representative of Kuwait, thereby, as per the VCDR art. 31(c) her diplomatic immunity was subject to waiver. The court ruled in prosecution's favor and stated that since the defendant had engaged in commercial activity which was different from her official functions, her diplomatic immunity was subject to waiver and hence the defendant's motion to dismiss the case on the basis of lack of subject matter jurisdiction was denied.<ref>{{Cite web|title=United States v. Al Sharaf, 183 F. Supp. 3d 45 |website=Casetext Search + Citator|url=https://casetext.com/case/united-states-v-al-sharaf-3|access-date=2020-11-07}}</ref>

===Espionage and sabotage===

[[Franz von Papen]] entered the diplomatic service in December 1913 as a [[military attaché]] to the German ambassador in the United States. Starting in September 1914, Papen abused his diplomatic immunity as German military attaché, violating US laws to start organising plans for incursions into [[Canada]] for a campaign of [[sabotage]] against canals, bridges and railroads.<ref>{{cite book |last=McMaster |first=John B. | title=The United States in the World War | volume=2 | publisher=D. Appleton & Co. |location=New York; London |year=1918  |pages=258–261}}</ref> In October 1914, Papen became involved with what was later dubbed "the [[Hindu–German Conspiracy]]", by covertly arranging with [[Ghadar party|Indian nationalists]] based in [[California]] for [[arms trafficking]] to the latter for a planned uprising against the [[British Raj]].<ref>{{cite book |last=Bisher |first=Jamie |title=The Intelligence War in Latin America, 1914–1922 |publisher=McFarland |location=Jefferson |year=2016 |pages=33–34}}</ref> In February 1915, Papen also covertly organised the [[1915 Vanceboro international bridge bombing|Vanceboro international bridge bombing]], in which his diplomatic immunity protected him from arrest.{{sfn|Bisher|2016|p=34}} At the same time, he remained involved in plans to restore Huerta to power, and arranged for the arming and financing of a planned invasion of Mexico.{{sfn|Bisher|2016|p=43}} Papen's covert operations were known to [[British intelligence]], which shared its information with the US government.<ref>{{cite book| last1= Pomar| first1= Norman | last2= Allen| first2= Thomas |title= The Spy Book| place= New York| publisher= Random House| year= 1997 |page= 584}}</ref> As a result, for complicity in the planning of acts of sabotage<ref>{{cite book | last=Shirer | first=William | year=1990 | title=The Rise and Fall of the Third Reich | location=New York | publisher=MJF Books | isbn=978-1-56731-163-1 |page=164}}</ref> on 28 December 1915, Captain von Papen was declared ''[[persona non grata]]'' and recalled to Germany.<ref name="current">''Current Biography 1941'', pp. 651–653.</ref> Upon his return, he was awarded the [[Iron Cross]].

On 24 April 2008, in [[New Orleans]], Mexican [[press attaché]] Rafael Quintero Curiel was seen stealing [[BlackBerry]] [[Personal digital assistant|PDA]] units from a [[White House]] press meeting room. Quintero made it all the way to the airport before members of the [[United States Secret Service]] caught up with him. He initially denied taking the devices, but after being confronted with security video, Quintero claimed it was purely accidental, gave the devices back, claimed diplomatic immunity and left New Orleans with the Mexican delegation. He was eventually fired for the incident.<ref>{{cite news|newspaper=[[Fox News Channel|FoxNews.com]] |url=https://www.foxnews.com/story/mexican-embassy-official-fired-after-getting-caught-with-white-house-blackberries |title=Mexican Embassy: Official Fired After Getting Caught With White House BlackBerries|url-status=live |archive-url=https://web.archive.org/web/20130513091626/http://www.foxnews.com/story/0,2933,352378,00.html |archive-date=13 May 2013 }}</ref>

In 2021, it was reported that the UAE Embassy in Canberra was building non-compliant fences and installing CCTV.<ref>{{Cite web|url=https://www.canberratimes.com.au/story/6022759/a-tall-fence-cameras-cars-everywhere-embassy-neighbours-speak-out/|title = A tall fence, cameras, cars everywhere, embassy neighbours speak out|date = 22 February 2018}}</ref>

==In the United States==

{{See also|A visa}}

The following chart outlines the immunities afforded to foreign diplomatic personnel residing in the United States.<ref>{{cite web |url=https://2009-2017.state.gov/m/ds/c9127.htm |title=Legal Aspects of Diplomatic Immunity and Privileges |access-date=17 January 2017 |publisher=[[United States Department of State]]  }}</ref> In general, these rules follow the Vienna Convention (or the [[Convention on the Privileges and Immunities of the United Nations|New York Convention]] for UN officials) and apply in other countries as well (with the exceptions of immunities for United Nations officials, which can vary widely across countries based on the "Host Country Agreement" signed between the UN and the host country, whereby additional immunities beyond those granted by the New York Convention may be established).
{| class="wikitable"
|-
! colspan="2" | Category !! style="width: 13%;"|May be arrested or detained !! style="width: 13%;"|Residence may be entered subject to ordinary procedures !! style="width: 13%;"|May be issued traffic ticket  !! style="width: 13%;"|May be subpoenaed as witness !! style="width: 13%;"|May be prosecuted !! style="width: 13%;"|Official family member
|-
! rowspan="3" | Diplomatic
! Diplomatic agent
| No<ref group=lower-alpha name="table1">Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety, or the prevention of serious criminal acts.</ref> || No  || Yes (although not obliged to pay) || No || No || Same as sponsor
|-
! Member of administrative and technical staff
| No<ref group=lower-alpha name="table1"/> || No || Yes || No || No || Same as sponsor
|-
! Service staff
| Yes<ref group=lower-alpha name="table2">This table presents general rules. Particularly in the cases indicated, the employees of certain foreign countries may enjoy ''higher'' levels of privileges and immunities on the basis of special bilateral agreements.</ref> || Yes || Yes || Yes || Yes || No<ref group=lower-alpha name="table2"/>
|-
! rowspan="3" | Consular
! Career consular officers
| Yes, if for a felony and pursuant to a warrant.<ref group=lower-alpha name="table2"/> || Yes<ref group=lower-alpha name="table4">Note that consular residences are sometimes located within the official consular premises. In such cases, ''only'' the official office space is protected from police entry.</ref> || Yes || No, for official acts. Testimony may not be compelled in any case. || No, for official acts. Otherwise, yes<ref group=lower-alpha name="table3">A small number of senior officers are entitled to be treated identically to "diplomatic agents".</ref> || No<ref group=lower-alpha name="table2"/>
|-
!Honorary consular officers
| Yes || Yes || Yes || No, for official acts. Yes, in all other cases || No, for official acts. Otherwise, yes || No
|-
!Consular employees
| Yes<ref group=lower-alpha name="table2"/> || Yes || Yes || No, for official acts. Yes, in all other cases || No, for official acts. Otherwise, yes<ref group=lower-alpha name="table2"/> || No<ref group=lower-alpha name="table2"/>
|-
! rowspan="3" | International organization
! Diplomatic-level staff of missions to international organizations
| No<ref group=lower-alpha name="table1"/><ref group=lower-alpha name="table9"/> || No<ref group=lower-alpha name="table9">If the international organisation is located in the country of the staff member's nationality, exemption only extends to official acts.</ref>|| Yes || No<ref group=lower-alpha name="table9"/> || No<ref group=lower-alpha name="table9"/> || Same as sponsor
|-
! International organization staff<ref group=lower-alpha name="table3"/>
| Yes<ref group=lower-alpha name="table3"/> || Yes<ref group=lower-alpha name="table3"/> || Yes || No, for official acts. Yes, in all other cases || No, for official acts. Otherwise, yes<ref group=lower-alpha name="table3"/> || No<ref group=lower-alpha name="table2"/>
|-
! Support staff of missions to international organizations
| Yes || Yes || Yes || No, for official acts. Yes, in all other cases || No, for official acts. Otherwise, yes || No
|}

==See also==

{{Portal|Law|Politics|World}}
* [[International Organizations Immunities Act]]
* [[Right of asylum]]
* [[Consular immunity]]
* [[State immunity]]

== Notes ==
{{Notelist}}

== References ==
{{Reflist}}

==Further reading==

* David B. Michaels, ''International privileges and immunities: A case for a universal statute'', Springer, July 1971, {{ISBN|978-9024751266}}
* "[https://2009-2017.state.gov/documents/organization/150546.pdf Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities]" - [[United States Department of State]] Office of Foreign Missions.

==External links==
* [https://www1.nyc.gov/site/international/about/history-of-the-office.page New York City Mayor's Office for International Affairs]
* [http://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf Vienna Convention on Diplomatic Relations, 1961]
* [http://legal.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf Vienna Convention on Consular Relations (VCCR), 1963]

{{Diplomacy}}
{{Authority control}}

{{DEFAULTSORT:Diplomatic Immunity}}
[[Category:Rules of the road]]
[[Category:Diplomatic immunity and protection| ]]