16 votes
Accepted

What is the legal basis of diplomatic immunity?

You are indeed thinking of the Vienna Convention on Diplomatic Relations of 1961. This codified a portion of existing customary international law on diplomatic immunity. It is the result of several ...
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  • 176
13 votes
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Is the German embassy in London bound by British accessibility law like the Equality Act 2010?

Laws of the host country do apply in foreign embassies, but the authorities of the host country may only enforce laws in a foreign embassy by invitation of the foreign diplomatic delegation. So the ...
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7 votes

What would have happened to Mel Gibson and Danny Glover in real life?

The consequences for the US are perhaps better addressed at Politics; if you're really interested in those consequences, you can re-post this question there. For the police officer shooting a ...
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6 votes

What jurisdiction of law governs diplomats & any immunity?

The governing law would be the Vienna Convention on Diplomatic Relations (1961). The relevant part is Article 29. Diplomats must not be liable to any form of arrest or detention. Diplomats are also ...
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  • 4,874
5 votes
Accepted

Diplomatic immunity and criminal acts

The restrictions on embassy staff are diplomatic and political rather than legal. The Vienna Convention says that a diplomatic agent "shall enjoy immunity from the criminal jurisdiction of the ...
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4 votes

Is the German embassy in London bound by British accessibility law like the Equality Act 2010?

Embassies are special Embassies are special in that by default not the laws of the host country apply, but the laws of the country that has them regulate their operations. That's more a practical ...
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4 votes

Why there are no sanctions against head of state if his/her country violates the International law by performing illegitimate acts of war?

Your question is based on an incorrect premise Heads of State can be and have been held accountable for war crimes and crimes against humanity. For example: Germany Japan Yugoslavia Rwanda
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4 votes
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Exactly which individuals born in the United States are not subject to its jurisdiction?

As long as they have diplomatic immunity, they don't have a residency status. If either parent didn't have diplomatic immunity, then the child is a subject to the jurisdiction and they become a ...
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4 votes

Adam Schiff’s immunity from treason

Schiff is not immune from treason - he has not committed treason. Treason, under US law: Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, ...
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4 votes

Prosecution in a case of diplomatic immunity

There's been recent publicity about an American diplomat in Britain responsible for a car accident that killed someone. She claimed diplomatic immunity and left the country. Could the victim'...
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4 votes
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Is it legal for Bill Gates to hire a foreign ambassador to kill a terrorist for him?

No. It is illegal to hire someone to kill someone else. Even if the killer enjoys diplomatic immunity, the person hiring the killer has committed a crime. As to your last paragraph, that is ...
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4 votes

Did the US presidential motorcade contravene UK traffic regulations?

No they didn't break any British traffic regulations. As can be seen in the video, the road is closed to regular traffic. This is done by British police motorcycles according to British traffic laws. ...
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  • 1,116
3 votes

Why isn't Anne Sacoolas prosecuted in the US?

Anne Sacoolas is the wife of Jonathon Sacoolas, a CIA operative working at the United States Air Force listening station at RAF Croughton. The report that Jonathan Sacoolas is a CIA officer (and his ...
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  • 4,201
3 votes

Diplomatic immunity and criminal acts

Well, was it a diplomat or a security guard? If it’s the former, then he would have immunity. The course of action would be to expel the diplomat and file a complaint with his native country. There is ...
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3 votes

The nature of diplomatic immunity

Diplomatic immunity means that diplomats are immune from prosecution in their host countries. It does not necessarily mean that they can be sued or prosecuted in their home country. Whether the ...
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3 votes
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Papal nuncios, diplomatic immunity, and canon law

It depends in part why you think he owes you money: is it about real estate in the US, it is about his role as executor or heir in an estate, does it relate to professional or commercial activity ...
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3 votes

Exactly which individuals born in the United States are not subject to its jurisdiction?

7 FAM 1100, archived here from an old version of the Foreign Affairs Manual from 1995, goes into detail about issues regarding birthright citizenship for children of foreign diplomats. See 7 FAM 1116....
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3 votes

Are the premises of a consulate entitled to the same diplomatic protections as those of an embassy?

Yes, as Dale says, the same protections apply to the premises of consulates and embassies. Under the Vienna Conventions, local authorities need the permission of the head-of-mission to enter the ...
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  • 7,967
3 votes

Are the premises of a consulate entitled to the same diplomatic protections as those of an embassy?

More or less, but this manual gives details on the "less" part, as interpreted by the US State Department. See The 1963 Vienna Consular treaty for the general agreement. Facilities derive immunity ...
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2 votes

Did the US presidential motorcade contravene UK traffic regulations?

The Diplomatic Privileges Act 1964, which brings the Vienna Convention on Diplomatic Relations into UK law, provides an immunity from criminal jurisdiction for diplomatic agents (treaty article 31) ...
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2 votes

Did the US presidential motorcade contravene UK traffic regulations?

according to Geneva Convention on Road Traffic 1949 (the last treaty between the 2 relevant countries) The vehicle must meet all technical requirements to be legal for road use in the country of ...
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2 votes
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Law enforcement in embassies

I assume that applies only without the consent of the head of the diplomatic mission, but is that right? Yes. The Vienna Convention on Diplomatic Relations is quite clear on that. Article 22(1) (...
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2 votes

What is the legal basis of diplomatic immunity?

What is the legal basis of diplomatic immunity? Diplomatic law started on the 1815-06-09, where the heads of missions recieved diplomatic immunity (Treaty 17: Regulation concerning the precedence of ...
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  • 4,201
1 vote

Diplomatic law and car plates

For an embassy located in the US, the embassy should report the theft to the police. The most recent diplomatic note just said “police report”, but a 2009-2017 archive said that this could be local ...
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1 vote

What jurisdiction of law governs diplomats & any immunity?

The claim in the article Jonathan Sacoolas Is Not, and Has Never Been, a Diplomat - Craig Murray is probably correct (from 2019-10-08): There is no Jonathan Sacoolas on the official Diplomatic list. ...
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