NationStates Jolt Archive

Another draft proposal - Basically something someone mentioned about if a member of a UN body turned up in their nation they'd treat them as criminals....it struck a cord and I produced this draft. Comments are welcome.

********************

The United Nations;

Recalling that peoples of all nations from ancient times have recognized the status of diplomatic agents,

Having in mind the purposes and principles of the Charter of the United Nations concerning the sovereign equality of States, the maintenance of international peace and security, and the promotion of friendly relations among nations;

Believing that an international convention on diplomatic intercourse, privileges and immunities would contribute to the development of friendly relations among nations, irrespective of their differing constitutional and social systems;

Realising that the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions as representing States;

Affirming that the rules of customary international law should continue to govern questions not expressly regulated by the provisions of the present Convention;

Determined that representatives of the United Nations and subsidiary organisations should be extended the same rights as diplomatic agents;

Resolves the following:

Determined that, Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure to diplomatic agents freedom of movement and travel in its territory;

Determined that diplomatic agents are granted freedom to communicate with the UN, or sending state;

{i]Resolved[/i] that the operational headquarters for a UN mission or embassy is inviolate, as is all persons and documents within;

Determined that documents belonging to diplomatic agents within diplomatic satchels shall remain inviolate;

Determined that the person of diplomatic agents shall be inviolable and enjoy immunity from jurisdiction. 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. The immunity from jurisdiction of diplomatic agents enjoying immunity may be waived by the UN or sending states on request by the receiving state.

Determined that the receiving state should receive notification of the arrival or departure of a diplomatic agents;

Determined that non-UN diplomatic agents enter and remain with the receiving nation at the permission of the receiving nation, and that the receiving nation has the right to insist that non-UN agents leave the country by peaceful means;

SeOCC cannot support this proposal under its current wording, as it gives complete immunity to diplomats, regardless of the crime they are accused of. While it is important to shield diplomats from spurious charges, it is a grave injustice to the host nation to be unable to charge a rapist or a murderer just because they happen to be a diplomat as well. We would support this resolution if the wording was changed to remove diplomatic protection for more serious crimes, such as murder or sexual assault.

SeOCC UN Delegation

SeOCC cannot support this proposal under its current wording, as it gives complete immunity to diplomats, regardless of the crime they are accused of. While it is important to shield diplomats from spurious charges, it is a grave injustice to the host nation to be unable to charge a rapist or a murderer just because they happen to be a diplomat as well. We would support this resolution if the wording was changed to remove diplomatic protection for more serious crimes, such as murder or sexual assault.

SeOCC UN Delegation

I believe your above point is actually addressed in the DRAFT:


The immunity from jurisdiction of diplomatic agents enjoying immunity may be waived by the UN or sending states on request by the receiving state.


Hirotia, I'd like it if you would number your activating clauses, and there is a slight typo when you tried to turn one of the clause strings into italics font (which I very much appreciated).

Or consider using "Section" icons. If you use MS Word and take a bullet from an itemized list and paste it into boards like the invision forums, they will automatically convert a square bullet point into a "Section" icon, which is ideal for treaties ... I can see if I can recreate this if you'd like.

10kMichael

Callisdrun grants diplomatic immunity for misdemeanors but not for felonies. Foreigners, whether they be diplomatic or no, arrested for felonies are deported.

The immunity from jurisdiction of diplomatic agents enjoying immunity may be waived by the UN or sending states on request by the receiving state.

I'm not so sure about this. I would prefer an automatic revocation of immunity for serious crimes, involving bodily harm for example.

It's not often that you'd see a diplomatic rep knowingly commit a crime - after all in most nations I'd imagine they would have been subject to strict vetting procedures. I'd also imagine that most nations would prep their ambassadors with pertinent information on local laws etc

Moreover, in RL, how often do you hear of ambassadors killing or inflicting harm on people?

Not every ambassador is like Arjen Rudd in Lethal Weapon 2 (he says exposing his knowledge of crappy 1980's films)