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It's unlikely that the British government would assume that the diplomatic immunity was not to be waived. It would be very much an open question. If diplomatic immunity has been claimed, is there anything that can be done to overturn it? Mr Emmerson says: "The question of when diplomatic immunity arises, is a question of degree and there are some borderline cases where it can be controversial.
The whole inquiry is prohibited from the outset. Watch Live. What is diplomatic immunity and how does it work? Philip Whiteside News reporter. Fill 2 Copy 11 Created with Sketch. Tuesday 8 October , UK. Why you can trust Sky News. More on United States. Related Topics: United States. Related Topics United States. If the wife is entitled to full diplomatic immunity, the U. Under U. It may no longer apply to a wife of a diplomat who has left the receiving country and returned to her "sending," or home, country.
Diplomats lose much of their immunity following the termination of their diplomatic status under Article 39 of the VCDR, which provides that the "immunities shall normally cease at the moment when he leaves the country … but shall subsist until that time … However, with respect to acts performed by such a person in the exercise of his functions as a member of the mission, immunity shall continue to subsist.
Article 39 provides something less than full diplomatic immunity: " residual " immunity. Once a diplomat becomes a "former" diplomat, he or she is not immune from suit for prior acts, unless those acts were performed "in the exercise of [the former diplomat's] functions as a member of the mission. Sometimes, a spouse of a diplomat may not even be entitled to residual immunity because it applies only to a person who was "a member of the mission. Sacoolas' liability turns on what she did as the wife of a diplomat because residual immunity is exclusively reserved for "member[s] of the mission" only.
So now that she's left the country, either Sacoolas, 42, has residual immunity, which only protects her from liability for official diplomatic acts, or she has no immunity at all.
The main aim of the Convention is to allow diplomats to carry out their work without hindrance in the receiving state. These agreements are vital to international relations. Diplomats attempt to ensure that relations between countries run as smoothly as possible.
This sometimes means that they have to raise difficult issues in a direct manner. In doing so they take into account local customs and sensibilities in order to ensure that their efforts achieve the maximum effect. The Vienna Convention allows Dutch diplomats to pursue the interests of Dutch citizens and businesses in foreign countries as effectively as possible, even where there are doubts about legal certainty. Dutch diplomats can also use their influence to remind receiving states of their international obligations, for instance to comply with human rights.
Diplomatic immunity only works if every country, including ours, abides by the rules.
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