NationStates Jolt Archive


Diplomatic Immunity?

Steel Butterfly
06-08-2004, 06:31
...and your response would be? Be sure to post after you vote.
Steel Butterfly
06-08-2004, 06:36
[OOC: The Diplomat would be arrested, tried, and punished in the Empire of Steel Butterfly and the Orion Sector. This ranges from the common fine for theft to the death sentence for murderers or rapists. No one is allowed to commit crimes, especially foreigners.]
Sarcastic Jawas
06-08-2004, 07:52
We do not allow foreigners within our land. We meet with any diplomatic people at the border.


:sniper: :mp5:
Agrigento
06-08-2004, 07:57
Other:

It depends on the crime. If it is a minor infraction of the law, then the case will probably not be heard, and the arrest, will probably not have been made. When it gets into the realm of more serious crimes than the diplomat will most likely be dispelled, permenantly, and his country of origin will be both warned, and will probably lose credibility.

In order to be arrested the diplomat must have commited a crime that either threatened national security or is deemed worthy of capital punishment within the court system. Chances are a diplomat will be given a much lighter sentence than a citizen who would have commited the same crime.

While we take crime and punishment very seriously in Agrigento, the simple fact is that it is still rare indeed for such a thing to happen.
Vastiva
06-08-2004, 08:05
Attempted assassination of National leaders would be met with a death sentence (and possibly a declaration of war).

Minor offenses are of no concern.
Iansisle
06-08-2004, 08:18
Iansisle considers itself a signatory to the Vienna Convention on Diplomatic Relations (http://www.un.org/law/ilc/texts/diplomat.htm), so any diplomat committing a serious crime in our country would be declared persona non grata and asked to leave with all due haste and never return at the head of a mission. Yeah, it’s not the wankiest thing to do, but we do like to encourage people to send diplomats here. Somehow, putting the heads of previous diplomats who double-parked on stakes around the capital seems to discourage positive international relations...
Kanuckistan
06-08-2004, 08:32
Minor crimes, like those warrenting fines, are typicly overlooked. For those warrenting a jail sentence, if the person invoked diplomatic immunity, and their country did not revoke it(which can happen, usually to save face), then they would be perminatly exiled. A serious crime, like murder, and they're not leaving the country unless tried and found innocent, in which case we apologise and possibly offer some kind of token compensation.

In the event of capital-level crimes, like stealing national secrets or murder, well, if found guilty, they'll be going home in a shoe box, diplomatic immunity be damned.
Sketch
06-08-2004, 08:37
Any crime committed (within Sketch) will be met with swift sentencing - no matter who commits it.....especially foreigners, who shouldn't have been there in the first place. Sure you have diplomatic immunity, so long as you are on business as a diplomat, ie. actually actively engaged in diplomacy. The protection ends as soon as your business is concluded or no longer being actively engaged.

Obviously it is also written into the laws who are exempt from sentencing on certain crime classified acts.
Seventh Hades
06-08-2004, 08:52
There is no such thing as diplomatic immunity in Seventh Hades. If the foreign miscreant was foolish enough to try any funny business within our borders, I'm afraid the consequences would be both swift and dire.
Having said that, there is such a thing as financial immunity. Should the evil-doer be amongst the Fortune 500, for example, then all charges against him/her would be immediately dropped, evidence destroyed and witnesses 'coerced' into revising their stories. Of course the price for such immunity is considerable, on a sliding scale based on the heinous nature of the atrocity.
Yours in Despotism
Sli the Lofty
Roycelandia
06-08-2004, 09:22
Like Iansisle, Roycelandia is a signatory to the Vienna Convention on Diplomatic Relations.

As such, "minor" offences are usually disregarded (with the usual protest to the Embassy concerned.)

Serious offences will result in the offending diplomat being declared Persona Non Grata and asked to leave with all haste.

Having said that, the Imperial Intelligence Service are given to "whacking" difficult diplomats who can't be convicted or deported, yet who are obviously running drug rings or spying or the like.

Doesn't happen often, but when it's used, it's surprisingly effective.
Callisdrun
06-08-2004, 10:19
For misdemeanors, foreign diplomats will usually be either exempted or given a small fine. For felonies, they will be arrested and deported.
Nova Hope
06-08-2004, 11:21
The official policy of Nova Hope when a foreign delegate commits a crime is to temporarily detain the delegate in a very comfortable setting and ask the government in question if they are going to acknowledge this person as an agent of the state and grant them their protection and be accountable.

If the country takes responsibility for the diplomat then he is asked to leave and no negotiations are held with said country until they have left, this is not the case with a regulatroy infraction where no action is taken. If the crime is more serious, murder, stealing of state secrets etc then because that country took responsibility for its agent it may lead to more serious international repercussions because the Noviet administration takes the position that the agent was ordered to do this by their country. Repercussions maybe be as slight as a formal protest, as harsh as an embargo or worse still a blockade and in an absolute worst case scenario war might ensue.

If the country refuses to take responsibility for the diplomat then we have no choice but to try him as any other resident of Nova Hope because his story of diplomatic immunity appears to be false.
The Water Cooler
06-08-2004, 11:32
Iansisle considers itself a signatory to the Vienna Convention on Diplomatic Relations (http://www.un.org/law/ilc/texts/diplomat.htm), so any diplomat committing a serious crime in our country would be declared persona non grata and asked to leave with all due haste and never return at the head of a mission. Yeah, it’s not the wankiest thing to do, but we do like to encourage people to send diplomats here. Somehow, putting the heads of previous diplomats who double-parked on stakes around the capital seems to discourage positive international relations...

We agree with the Nation of Iansisle on this matter.
Liverpool England
06-08-2004, 11:33
Liverpool England, by its constitution, has the right to and will arrest and try anyone for a criminal offence in the nation. However, if the offence is very minor (shop theft, etc) the case will be decided by the police.
The last patriots
06-08-2004, 11:51
We of the CLP welcome all diplomats and would ask that they please observe all laws of their country.

Any Diplomat will find that the Libritarian stance of the CLP leads to a very open lifestyle. With many options so long as their credit is good. high level infractions from foreign dignitaries will however result in a freeze of all credit and a loss of any purchasing power within the borders of the CLP or any of its subsidiarys, until such time as reperations have been made, either in the manner that the dignitaries country wishes...or in a manner deemed most suitable for the offence.
Slutbum Wallah
06-08-2004, 13:30
We offer them a job.
Allanea
06-08-2004, 13:53
The only crimes in Allanea are property and violent crimes. Victimless activities (drugs, prostitution, etc.) are not punished, for property and violent crimes they will be prosecuted to the full extent.
Santa Barbara
06-08-2004, 15:58
Diplomatic immunity goes out the window when being used to commit crimes. If he was lucky, he'd only get tried in SB and sent to his home country for punishment... along with a reminder that next time this happens, it's war.

And if he wasn't lucky he'd never make it home. Criminal bastard.
Weyr
06-08-2004, 16:01
Taken directly from the message sent out whenever I open an embassy exchange . . .

The Kingdom of Weyr does not recognize extraterritoriality. Weyr’s courts will try any foreign delegates or visitors in accordance with Weyrean law.

This includes:
- Trial by an elected jury within seven days of arrest
- A free lawyer, to be given upon request
- Communication with any party, after arrest, via a monitored link
- The ability to sue for personal damages incurred while under arrest

However, foreign delegates are permitted to have their home nation pay for the court fines. It should be noted that Weyrean courts issue sentences that are monetary in nature.

Weyrean law has only three crimes: murder, theft, and malicious manipulation.
Derscon
06-08-2004, 17:05
If it is a small misdeminor, such as speeding, he'll just get a chance at TWO warnings instead of the usual one.

Something such as stealing, he will be forced to pay reparations and be declared persona non grada.

Anything major, gis fate is in the hands of the courts. Adn we USE the death penalty. The courts are tougher on foreign people. Espionage, etc concerns.
Magnus Valerius
06-08-2004, 17:15
Diplomats committing any crimes will be arrested and tried under the law of the Empire. Usually, minor offenses are either dismissed or the diplomat is fined for the offense. However, murder, rape, and other serious crimes against people or property are taken seriously. Punishment may be the death penalty for the worst of the crimes.
S-14
06-08-2004, 17:46
Technically, crime is an alien concept in the panNorm. The reasons for this can be simplified down to two. First, each subset of the panNorm (and, ideally, the panNorm itself) is a collectivist society with almost no individualism whatsoever. The ability to commit a crime depends on the ability of an individual to contradict the needs or whims of the state; if the individual essentially lacks any definition outside of the state, this becomes extremely unlikely. This collectivist nature is so defined in the nature of the panNorm that the concept of 'state' is actually poor nomenclature, as there is no real government--only coordination--and no laws save for the Prime Directive (amended from "any deviation from the Norm is an abomination and must be destroyed" to "any threat to the continued existence to the people and society of the panNorm cannot be tolerated," which was the original intent). Thus, the concept of codification and 'rules' are alien as there is no need to do so with them.

That being said, the subsets of the panNorm have been fighting insular wars of varying degrees since the original Norm went extinct, ranging from everything between the relatively sparse resource and bad-day skirmishes of today to limited nuclear war. While none of these fights are allowed to become a threat to the continued existence of the panNorm, it is only natural for the panNorm involved to defend themselves from attack.

Realistically? If a diplomat steals something unimportant--say, an apple--then that's not theft because the concept of individual ownership is alien. If a diplomat steals secure technologies or threatens the panNorm as a whole, then that diplomat is probably not going to live long enough to make it out. If a diplomat commits a violent crime, the panNorm involved will defend themselves, and if he's lucky they'll be using incapacitating weaponry or will stop when he's down. Especially after the end of the Norm wars, the panNorm have traditionally had extremely short fuses when it comes to possible threats.
The Navigators
06-08-2004, 17:52
A diplomat breaking a law in a foreign country is akin to a child breaking a rule at a friends house. It should be up to the parent (country) of the child (diplomat) to punish, and they should. It always isn't fair to punish someone over a rule or law that they don't have at home, and some leeway should be given in that respect.
Sarzonia
06-08-2004, 18:41
...and your response would be? Be sure to post after you vote.

[OOC: I voted Other. I would most likely exert diplomatic pressures on the country of origin for them to either 1) allow me to try him if his crime does not violate his home country's laws or 2) have them try him in the case of most minor crimes if their criminal justice system is similar to ours.

But for the most part, we would likely discuss that matter as we begin to establish diplomatic relations with a country. Both what would happen if my diplomats violate the other country's laws and what would happen if their diplomats violate my country's laws.

If I were to send a diplomat to a foreign country, I would impress upon them my expectations that they follow the laws of the country they are serving in.

A diplomat breaking a law in a foreign country is akin to a child breaking a rule at a friends house. It should be up to the parent (country) of the child (diplomat) to punish, and they should. It always isn't fair to punish someone over a rule or law that they don't have at home, and some leeway should be given in that respect.

I disagree slightly. Of course the parent (country) should be able to discipline the child (diplomat), but the child should know better than to break the rules in the friend's house to begin with.]
Numministan
06-08-2004, 18:49
Serious crimes within my borders will be dealt with swiftly and fairly (fairness is according to my whim). Anything of a lesser nature will be overlooked. People coming into Numministan are routinely searched for trout, do not even think of trout smuggling :sniper:

Numministan (http://www.nationstates.net/cgi-bin/index.cgi/target=display_nation/nation=numministan)
Pokemon Species
06-08-2004, 21:22
i would punish them in my nation if it was the first time they commited a crime.
Serconea
07-08-2004, 09:56
Arrest them. They've broken the law, they should be treated like any other citizen or visitor.
The Evil Overlord
07-08-2004, 18:56
His Omniferocity's rules for Diplomatic personnel and stations are as follows:

1. Embassies are considered to be extraterritorial. EOE personnel may only enter with the permission of the Ambassador.

2. Embassies are responsible for their own security and law enforcement. Embassies are permitted a small armed force to accomplish this. No foreign nationals may carry weapons outside the Embassy compound.

3. With the exception of the Ambassador and five members of the Embassy staff (chosen by the Ambassador) who will be granted Extraterritoriality, all Embassy personnel are subject to His Omniferocity's law outside the Embassy itself.

4. His Omniferocity reserves the right to expel any and all members of any foreign government at any time, for any reason. With the exception of active hostilities between EOE and the government in question, any personnel so expelled are secure in their persons and personal baggage until after they have been removed from EOE territory (in other words, if we expel your Ambassador, he still has diplomatic immunity until he leaves EOE territory).

5. Diplomatic security outside of the Embassy compound is the responsibility of EOE Internal Security personnel. No foreign personnel are allowed to travel unescorted within EOE territory. All foreign nationals employed at the Embassy who object to this are free to live within the Embassy compound.

6. Each Embassy compound is permitted one- and only one- satellite communications station within the Embassy compound. Communications carried on this system may be encrypted or employ any other anti-intrusion measures the Embassy personnel consider prudent. All other message traffic must go through public communications circuits or be carried in the Diplomatic Pouch.

7. Messages between the Embassy and its parent government may be carried by one of the Embassy staff with Extraterritoriality in a Diplomatic Pouch- which may be no larger than a standard briefcase. This pouch will be secure against any search beyond external sensors. For safety reasons, the briefcase must be transparent to X-rays. Any anti-intrusion electronics within the briefcase must be demonstrated to Internal Security personnel before the establishment of the Embassy. Any subsequent changes to anti-intrusion electronics must also be demonstrated to Internal Security prior to its use being permitted within the Diplomatic Pouch. If any electronics within the Diplomatic Pouch do not match the X-ray signature of the agreed-upon system, the Diplomatic Pouch will not be permitted entry. Embassy security personnel are permitted unrestricted access to the Diplomatic Security screening station before, during, and after the Diplomatic Pouch passes through to ensure that EOE is not attempting electronic breaching of the Diplomatic Pouch.

8. Embassy personnel will be permitted to communicate with citizens of the Embassy's government accused of crimes within EOE territory. This communication will be monitored by Internal Security personnel and is not considered privileged information. His Omniferocity reserves the right to restrict any such communication in the event (in the opinion of Internal Security) it may jeopardize National Security.

9. Each Embassy will be permitted to import two non-military vehicles for use by Extraterritorial Embassy personnel. Diplomatic vehicles will be considered part of the Embassy compound when in use by Embassy personnel with Extraterritoriality. Prior to entry, any such vehicle will be thoroughly inspected by a team from the Ministry of Internal Security in the presence of Embassy security staff. All equipment installed in or on the vehicles will be demonstrated to IS personnel. Any additional equipment installed subsequent to approval must also be examined by IS and its purpose demonstrated. Diplomatic vehicles will be examined at random intervals agreed to by the Ambassador. Any alteration to the agreed equipment will be considered a violation of the Diplomatic Agreement. In the event of a suspected crime or threat to National Security, the vehicle and its occupants will be detained in place while His Omniferocity's government requests access to the vehicle from the Ambassador. Failure to grant such access will constitute a breach of the Diplomatic agreement. Under these circumstances and in the absence of a state of war, the Embassy may send Security Observers to ensure that the vehicle is not searched or entered by EOE personnel as it is destroyed in place. The remains of the vehicle will be returned to the Embassy once destruction is completed. The Embassy will be closed and all personnel expelled once this is completed. The destroyed vehicle will be permitted to leave with the Embassy staff.

10. Any Embassy personnel engaging in espionage will be summarily expelled (if granted Extraterritoriality) or executed (all others). Embassy personnel who escape (or attempt to escape) the supervision of their Internal Security escorts will be assumed to be engaged in espionage.

11. No Embassy personnel are permitted to depart Amida Island for any reason other than to leave EOE territory.

Nations desiring diplomatic contact with His Omniferocity’s government must agree to these conditions prior to the establishment of diplomatic relations.



Eternal Arch-Villain Psychopompos
Minister for Pre-Subjugation External Affairs
Snub Nose 38
07-08-2004, 19:16
The Kingdom of Weyr does not recognize extraterritoriality. Weyr’s courts will try any foreign delegates or visitors in accordance with Weyrean law.

This includes:
- Trial by an elected jury within seven days of arrest
- A free lawyer, to be given upon request
- Communication with any party, after arrest, via a monitored link
- The ability to sue for personal damages incurred while under arrest

However, foreign delegates are permitted to have their home nation pay for the court fines. It should be noted that Weyrean courts issue sentences that are monetary in nature.

Weyrean law has only three crimes: murder, theft, and malicious manipulation.

:cool: I'm imagining the complexity of pressing charges, gathering evidence, and holding any kind of a trial, for an act of "Malicious Manipulation". :p

With, of course, various defenses such as:
1. Non-malicious manipulation
2. Manipulation for the good of ___________ (fill in the blank)
3. Consenting Manipulee
4. Malicious non-manipulation
;)

One can see from the poll results that "Diplomatic Immunity" is NOT popular
Weyr
07-08-2004, 20:53
Judgemaster Black explains:

"Malicious manipulation is a loophole charge rather than a real crime charge. The procedure for such a thing is fairly complex, and is usually the result of another criminal trial. Most result from 'net abuse and theft. Bribery and monetary exchanges are considered as 'accomplice crimes', since both parties are willing participants. Malicious manipulation is only employed in cases where one of the parties is unwilling.

"An example from 23 Frost Fall, AL42.

"A person breaks into a jewelry store and steals US$100,000 worth of goods. He is caught via 'net crystal trideo (3D image) capture, and apprehended five days later, with US$15,000 worth of stolen goods remaining.

The court charges are:
+US$100,000 goods stolen
-US$15,000 goods returned
+US$30,000 apprehension fee
+US$28,000 court fee

"The net sum for the person comes out to US$143,000.

"During the trial the person states that one by the name of Vito Cornelli, the owner of another jewelry store, said he would eliminate the person's family members if the store was not robbed. Ser Cornelli is apprehended, on the charge of malicious manipulation. The grounds are kidnapping for the purposes of malicious manipulation. Recordings of telephone conversations confirm the events. Truthteller reports confirm both sides of the story.

"In this case, the US$143,000 are shunted to Ser Cornelli, an additional US$68,000 are imposed for damages done to the sister of the original person who broke into the store, and US$48,000 in additional court charges are added due to the expenses of monitoring Ser Cornelli.

"The system itself does not work by justification. Malicious manipulation has the express definition of forcing another person to unwillingly commit a crime. As such, any case where both parties are willing to commit the crime are considered accomplices, thereby taking care of any possible variants. Weyrean law does not recognize justification, or crime of passion. A crime is a crime, no matter how it is done, and no authority exists that can suspend that.

"This is why most charges are functions of the damages done and the cost of apprehension, including bounties."
Tom Joad
08-08-2004, 00:02
OOC: The legal system in the ISTJ is flexible depending on how much money you have, to spend on a lawyer of course. The same rules apply to diplomats so in a sense they've got immunity but if you really tick someone off and they've got money then you're on your own.
Nova Hope
09-08-2004, 21:37
Judgemaster Black explains:

"Malicious manipulation is a loophole charge rather than a real crime charge. The procedure for such a thing is fairly complex, and is usually the result of another criminal trial. Most result from 'net abuse and theft. Bribery and monetary exchanges are considered as 'accomplice crimes', since both parties are willing participants. Malicious manipulation is only employed in cases where one of the parties is unwilling.

"An example from 23 Frost Fall, AL42.

"A person breaks into a jewelry store and steals US$100,000 worth of goods. He is caught via 'net crystal trideo (3D image) capture, and apprehended five days later, with US$15,000 worth of stolen goods remaining.

The court charges are:
+US$100,000 goods stolen
-US$15,000 goods returned
+US$30,000 apprehension fee
+US$28,000 court fee

"The net sum for the person comes out to US$143,000.

"During the trial the person states that one by the name of Vito Cornelli, the owner of another jewelry store, said he would eliminate the person's family members if the store was not robbed. Ser Cornelli is apprehended, on the charge of malicious manipulation. The grounds are kidnapping for the purposes of malicious manipulation. Recordings of telephone conversations confirm the events. Truthteller reports confirm both sides of the story.

"In this case, the US$143,000 are shunted to Ser Cornelli, an additional US$68,000 are imposed for damages done to the sister of the original person who broke into the store, and US$48,000 in additional court charges are added due to the expenses of monitoring Ser Cornelli.

"The system itself does not work by justification. Malicious manipulation has the express definition of forcing another person to unwillingly commit a crime. As such, any case where both parties are willing to commit the crime are considered accomplices, thereby taking care of any possible variants. Weyrean law does not recognize justification, or crime of passion. A crime is a crime, no matter how it is done, and no authority exists that can suspend that.

"This is why most charges are functions of the damages done and the cost of apprehension, including bounties."

Wow, the prisoner's dilemma would be really messed up in your country.
Hattia
09-08-2004, 22:00
Diplomats are expected to obey our laws just like everyone else, and they recieve the punishment everyone else recieves...
Jordaxia
09-08-2004, 22:09
There is no diplomatic immunity in Jordaxia.

They might simply be returned to their own nation, only to "accidently" have all of the air removed from their cabin, and the doors welded shut.
That would, of course, be a horribly nasty thing to happen.
Sskiss
09-08-2004, 22:12
Hunted down and eaten most likely...
Seinao
09-08-2004, 22:29
At my nation people get arrested and THAT'S THAT'! Though we don't have any prisions... :gundge:
Endolantron
09-08-2004, 22:46
There are few actions prohibited in Endolantron, all of which are extremely difficult or impossible by definition for anyone to accomplish, and directly have to do with the permanent loss of something. Even murder isn't on that list because since 2385 we Endolantreans have had the technology to bring anyone back to life and full recovery.

However, there are a bunch of "pseudocrimes," which are mostly economy-based. Anyone fallen victim to a pseudocrime is capable of suing the person who committed said pseudocrime toward them. Due to Endolantron's relatively socialist lifestyles, lawsuits are generally easily manageable.

Since the laws of my nation are relatively very lenient and very easy to follow, we ask that those visiting the nations, including the diplomats, follow said laws, even if those laws don't exist in their home nations.

So, to put things simple, Endolantron does not have or need to give diplomatic immunity to anyone, and nearly all diplomats to my nation are perfectly fine with that.
The Brotherhood of Nod
09-08-2004, 22:55
The Black Hand would pay him/her a visit and next morning he would be found dead. Accidents happen.
Weyr
10-08-2004, 05:04
Wow, the prisoner's dilemma would be really messed up in your country.

Huh?
Nova Hope
10-08-2004, 05:10
You've never heard of the prisoner's dillema? Or you didn't get the reference

(This is not arrogance its laziness, I'm only going to type out one reply.)
Weyr
10-08-2004, 05:15
You've never heard of the prisoner's dillema? Or you didn't get the reference

(This is not arrogance its laziness, I'm only going to type out one reply.)

Nope, to both.
Aerion
10-08-2004, 05:56
(REAL LIFE DIPLOMATIC GUIDE)

The "diplomatic immunity" comes from the Geneva Convention on Diplomatic Relations in RL that mostly every nation in the world uses for their diplomatic relations. A few articles that deal with diplomatic immunity are:

Article 29
The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.

Article 30
1. The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission.

2. His papers, correspondence and, except as provided in paragraph 3 of Article 31, his property, shall likewise enjoy inviolability

Article 31
1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:

(a) a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission; (b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; (c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.

2. A diplomatic agent is not obliged to give evidence as a witness.

3. No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under sub-paragraphs (a), (b) and (c) of paragraph 1 of this Article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence.

4. The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State

Article 32
1. The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 37 may be waived by the sending State.

2. Waiver must always be express.

3. The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under Article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.

4. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgment, for which a separate waiver shall be necessary.


Article 37
1. The members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of the receiving State, enjoy the privileges and immunities specified in Articles 29 to 36.

2. Members of the administrative and technical staff of the mission, together with members of their families forming part of their respective households, shall, if they are not nationals of or permanently resident in the receiving State, enjoy the privileges and immunities specified in Articles 29 to 35, except that the immunity from civil and administrative jurisdiction of the receiving State specified in paragraph 1 of Article 31 shall not extend to acts performed outside the course of their duties. They shall also enjoy the privileges specified in Article 36, paragraph 1, in respect of articles imported at the time of first installation.

3. Members of the service staff of the mission who are not nationals of or permanently resident in the receiving State shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their employment and the exemption contained in Article 33.

4. Private servants of members of the mission shall, if they are not nationals of or permanently resident in the receiving State, be exempt from dues and taxes on the emoluments they receive by reason of their employment. In other respects, they may enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.

Article 38
1. Except insofar as additional privileges and immunities may be granted by the receiving State, a diplomatic agent who is a national of or permanently resident in that State shall enjoy only immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of his functions.

2. Other members of the staff of the mission and private servants who are nationals of or permanently resident in the receiving State shall enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.
Nova Hope
10-08-2004, 05:57
Damn,...

The prisoner's dilemma is where they put all the suspects into separate rooms and tell each person that their accomplices are taking deals to testify. If this is true then the longer you wait the more stringent sentence you’d get because your testimony is more and more irrelevant, but if you hold out in the hopes that your accomplices are doing the same then the prosecutors’ case usually doesn’t hold water.

The reason I said it’d be odd in your country is because you’d have some of your criminals fingering others, some keeping quiet and some claiming malicious manipulation.
Dhabi
10-08-2004, 06:00
We in Dhabi would arrest, try, and punish them in your nation. They commited a act in our nation and used Diplomatic Immunity so they can not be touched if we affect relations with that country then we just do but acts will not be put up with within our borders.
Nova Hope
10-08-2004, 06:01
(REAL LIFE DIPLOMATIC GUIDE)

The "diplomatic immunity" comes from the Geneva Convention on Diplomatic Relations in RL that mostly every nation in the world uses for their diplomatic relations. A few articles that deal with diplomatic immunity are:

Article 29
The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.

Article 30
1. The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission.

2. His papers, correspondence and, except as provided in paragraph 3 of Article 31, his property, shall likewise enjoy inviolability

Article 31
1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:

(a) a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission; (b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; (c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.

2. A diplomatic agent is not obliged to give evidence as a witness.

3. No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under sub-paragraphs (a), (b) and (c) of paragraph 1 of this Article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence.

4. The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State

Article 32
1. The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 37 may be waived by the sending State.

2. Waiver must always be express.

3. The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under Article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.

4. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgment, for which a separate waiver shall be necessary.


Article 37
1. The members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of the receiving State, enjoy the privileges and immunities specified in Articles 29 to 36.

2. Members of the administrative and technical staff of the mission, together with members of their families forming part of their respective households, shall, if they are not nationals of or permanently resident in the receiving State, enjoy the privileges and immunities specified in Articles 29 to 35, except that the immunity from civil and administrative jurisdiction of the receiving State specified in paragraph 1 of Article 31 shall not extend to acts performed outside the course of their duties. They shall also enjoy the privileges specified in Article 36, paragraph 1, in respect of articles imported at the time of first installation.

3. Members of the service staff of the mission who are not nationals of or permanently resident in the receiving State shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their employment and the exemption contained in Article 33.

4. Private servants of members of the mission shall, if they are not nationals of or permanently resident in the receiving State, be exempt from dues and taxes on the emoluments they receive by reason of their employment. In other respects, they may enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.

Article 38
1. Except insofar as additional privileges and immunities may be granted by the receiving State, a diplomatic agent who is a national of or permanently resident in that State shall enjoy only immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of his functions.

2. Other members of the staff of the mission and private servants who are nationals of or permanently resident in the receiving State shall enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.

I do grant diplomatic immunity, to an extent (see above post), but I'm not a UN member nor a signatory of any of their treatise so I wouldn't expect to be held accountable to it. Before you make a comment on that there are 1st world nations who disagree with the UN on certain treatise like that. EX. The United States on 'The Rights of the Child'
Keamanan
10-08-2004, 06:02
Obviously an international incident has already occurred... But why not force the Diplomat to return home and keep the 'favour' you've done that other country for a rainy day!?!
Weyr
10-08-2004, 15:37
Damn,...

The prisoner's dilemma is where they put all the suspects into separate rooms and tell each person that their accomplices are taking deals to testify. If this is true then the longer you wait the more stringent sentence you’d get because your testimony is more and more irrelevant, but if you hold out in the hopes that your accomplices are doing the same then the prosecutors’ case usually doesn’t hold water.

The reason I said it’d be odd in your country is because you’d have some of your criminals fingering others, some keeping quiet and some claiming malicious manipulation.

Constable Jack C:

You'd be amazed at what truthtellers can do. [[magitek has its benefits]]
Steel Magnolia
10-08-2004, 17:12
Crimes which involves major injury or death, and crimes that may cost more than $5000 will be arrested. Any lower than 5k can be covered by the government, but murder cannot be bought in our nation.

Being a dictatorship, the leader's word is law, so he may let go of an ambassador he likes, or even sentence to death an ambassador for petty theft. :)
Torontonias
10-08-2004, 18:42
Any Crime committed by an Diplomat of another nation results in the Diplomat being ejected from our nation.

We have a rating system on diplomats.

The first crime, they are ejected
The Second Crime (Same Nation, Different Diplomat, as the previous diplomat would be banned from Torontonias) Said nation is warned
The Third Crime: Sanctions take place on Said nation
The fourth Crime: Talks, Negotiations and agreements with said nation are frozen, and all diplomatic contact is severed.
Nova Hope
10-08-2004, 19:25
Constable Jack C:

You'd be amazed at what truthtellers can do. [[magitek has its benefits]]

OOC: Actually I was trying to come up with a similiar benifit in a strictly technological manner. Damn your cop out truthtellers *shakes fist*

jk btw
Knootoss
10-08-2004, 20:28
Iansisle considers itself a signatory to the Vienna Convention on Diplomatic Relations (http://www.un.org/law/ilc/texts/diplomat.htm), so any diplomat committing a serious crime in our country would be declared persona non grata and asked to leave with all due haste and never return at the head of a mission. Yeah, it’s not the wankiest thing to do, but we do like to encourage people to send diplomats here. Somehow, putting the heads of previous diplomats who double-parked on stakes around the capital seems to discourage positive international relations...

Same here :)
Unless other bilateral agreements have been made, that is, but we prefer it this way.