Cobdenia
05-10-2005, 16:25
Having slight problems deciding what catagory mine and Ausserland's lovely new proposal will fit into best.
REALISING that national law can restrict diplomatic and consular personnel (hereafter referred to as diplomats) from carrying out their assignment
NOTING that unrestricted diplomatic immunity is subject to abuse
FURTHER NOTING that a lack of diplomatic immunity can lead to the abuse of diplomats by national governments for political reasons and cause undue interference with their official duties
EMPHASISING that the decision to grant diplomatic immunity is the exclusive prerogative of the nation in which the diplomat is to be serving (hereafter referred to as the host nation), and that diplomatic immunity may be revoked by either the host nation or the nation which the person represents (hereafter referred to as the home nation)
PROCLAIMS that a person holding diplomatic immunity is immune from arrest and prosecution by the host nation. The person may be detained by host nation officials only when necessary to prevent death or injury of that person or others. In such case, the law enforcement personnel shall immediately notify the mission to which the person is assigned. The person shall be promptly released to the custody of an authorised representative of that mission upon request.
FURTHER PROCLAIMS that diplomatic missions and other property declared extraterritorial by agreement between the home and host nations are inviolable from search by host nation officials. Such property may be entered by host nation officials only upon request by the mission involved. Nations may negotiate other circumstances in which such entry is permitted
PROCLAIMS that goods and documents in transit to or from to or from diplomatic missions and identified as diplomatic bags or pouches are inviolable from seizure or search by host nation officials, and exempt from customs and excise duties
PROCLAIMS that the host nation and the home nation have the ability to revoke diplomatic immunity
AFFIRMS that, if the host nation revokes diplomatic immunity and there is probable cause to believe that the individual has committed a crime under the host nation's law, the person must be tried for said crime under the rules of judicial procedure of the home nation. Evidence and testimony from the host nation must be weighed if admissible under those rules. The trial shall be conducted within the home nation's mission in the host nation whenever feasible. If found guilty, the person shall be immediately returned to the home nation for appropriate punishment
AFFIRMS that if the host nation revokes immunity the diplomat remains immune for prosecution by the host nation for any crime committed whilst the person had immunity
URGES nations to prosecute diplomats charged with crimes whose immunity has been revoked for non-political reasons
AFFIRMS that, if the home nation revokes a person's diplomatic immunity, he or she may face prosecution by the host nation for a crime committed while the immunity was in effect
PROCLAIMS that no nation may wilfully send any diplomat with the express purpose of committing a crime in the host nation
RECOMMENDS that nations cooperate in providing diplomatic missions with appropriate security.
Co-authored by Ausserland
Originally, I thought Political stability, but this has nothing to do with law and order. Same goes for International Security, as it has nothing to do with defence budgets. Human Rights? Okay, it doesn't help the rights of all humans, but it protects the rights of both diplomats (stopping them being locked up just because the host government doesn't like the home country) and citizens of the host nations (I would have thought not being shot by a deliquent diplomat would count as a human right!), as well as all the stuff concerning free trial etc.
However, that's just my thinking, and I admit it's rather tenuous. Any help would be appreciated!
REALISING that national law can restrict diplomatic and consular personnel (hereafter referred to as diplomats) from carrying out their assignment
NOTING that unrestricted diplomatic immunity is subject to abuse
FURTHER NOTING that a lack of diplomatic immunity can lead to the abuse of diplomats by national governments for political reasons and cause undue interference with their official duties
EMPHASISING that the decision to grant diplomatic immunity is the exclusive prerogative of the nation in which the diplomat is to be serving (hereafter referred to as the host nation), and that diplomatic immunity may be revoked by either the host nation or the nation which the person represents (hereafter referred to as the home nation)
PROCLAIMS that a person holding diplomatic immunity is immune from arrest and prosecution by the host nation. The person may be detained by host nation officials only when necessary to prevent death or injury of that person or others. In such case, the law enforcement personnel shall immediately notify the mission to which the person is assigned. The person shall be promptly released to the custody of an authorised representative of that mission upon request.
FURTHER PROCLAIMS that diplomatic missions and other property declared extraterritorial by agreement between the home and host nations are inviolable from search by host nation officials. Such property may be entered by host nation officials only upon request by the mission involved. Nations may negotiate other circumstances in which such entry is permitted
PROCLAIMS that goods and documents in transit to or from to or from diplomatic missions and identified as diplomatic bags or pouches are inviolable from seizure or search by host nation officials, and exempt from customs and excise duties
PROCLAIMS that the host nation and the home nation have the ability to revoke diplomatic immunity
AFFIRMS that, if the host nation revokes diplomatic immunity and there is probable cause to believe that the individual has committed a crime under the host nation's law, the person must be tried for said crime under the rules of judicial procedure of the home nation. Evidence and testimony from the host nation must be weighed if admissible under those rules. The trial shall be conducted within the home nation's mission in the host nation whenever feasible. If found guilty, the person shall be immediately returned to the home nation for appropriate punishment
AFFIRMS that if the host nation revokes immunity the diplomat remains immune for prosecution by the host nation for any crime committed whilst the person had immunity
URGES nations to prosecute diplomats charged with crimes whose immunity has been revoked for non-political reasons
AFFIRMS that, if the home nation revokes a person's diplomatic immunity, he or she may face prosecution by the host nation for a crime committed while the immunity was in effect
PROCLAIMS that no nation may wilfully send any diplomat with the express purpose of committing a crime in the host nation
RECOMMENDS that nations cooperate in providing diplomatic missions with appropriate security.
Co-authored by Ausserland
Originally, I thought Political stability, but this has nothing to do with law and order. Same goes for International Security, as it has nothing to do with defence budgets. Human Rights? Okay, it doesn't help the rights of all humans, but it protects the rights of both diplomats (stopping them being locked up just because the host government doesn't like the home country) and citizens of the host nations (I would have thought not being shot by a deliquent diplomat would count as a human right!), as well as all the stuff concerning free trial etc.
However, that's just my thinking, and I admit it's rather tenuous. Any help would be appreciated!