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Politics Digest: Diplomatic Immunity - Politics - Nairaland

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Farooq Kperogi Lied, Entourage Also Enjoys Diplomatic Immunity / Atiku Enter USA Under Legislative Diplomatic Immunity / Would Atiku Enjoy DIPLOMATIC IMMUNITY In The USA If He's Elected. (2) (3) (4)

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Politics Digest: Diplomatic Immunity by RurouniKenshin: 10:48am On Jan 19, 2019
Diplomatic immunity is a form of legal immunity that ensures diplomats are given safe passage and are considered not susceptible to lawsuit or prosecutionunder the host country's laws, but they can still beexpelled. Modern diplomatic immunity was codified as international law in the Vienna Convention on Diplomatic Relations (1961) which has been ratified by all but a handful of nations. The concept and custom of diplomatic immunity dates back thousands of years. Many principles of diplomatic immunity are now considered to be customary law. Diplomatic immunity was developed to allow for the maintenance of government relations, including during periods of difficulties and armed conflict. When receiving diplomats, who formally represent the sovereign, the receiving head of state grants certain privileges and immunities to ensure they may effectively carry out their duties, on the understanding that these are provided on a reciprocal basis.

Originally, these privileges and immunities were granted on a bilateral, ad hoc basis, which led to misunderstandings and conflict, pressure on weaker states, and an inability for other states to judge which party was at fault. An international agreement known as the Vienna Convention codified the rules and agreements, providing standards and privileges to all states.

It is possible for the official's home country to waive immunity; this tends to happen only when the individual has committed a serious crime, unconnected with their diplomatic role (as opposed to, say, allegations of spying), or has witnessed such a crime. However, many countries refuse to waive immunity as a matter of course; individuals have no authority to waive their own immunity[citation needed](except perhaps in cases of defection[citation needed]). Alternatively, the home country may prosecute the individual. If immunity is waived by a government so that a diplomat (or their family members) can be prosecuted, it must be because there is a case to answer and it is in the public interest to prosecute them.

For instance, in 2002, a Colombian diplomat in London was prosecuted for manslaughter, once diplomatic immunity was waived by the Colombian government

On February 1999 in Vancouver, British Columbia, Canada, Kazuko Shimokoji, wife of the Japanese Consul-General, showed up at the emergency department of a city hospital with two black eyes and a bruised neck. She told doctors that her husband had beaten her. When local police questioned her husband, Mr. Shimokoji said, "Yes, I punched her out and she deserved it", and described the incident as "a cultural thing and not a big deal". Although an arrest warrant was issued, Mr. Shimokoji could not be arrested due to his diplomatic immunity. However, his statement to the police was widely reported in both the local and Japanese press. The subsequent public uproar prompted the Japanese Ministry of Foreign Affairs to waive Mr. Shimokoji's immunity. Though he pleaded guilty in Canadian court, he was given an absolute discharge. Nonetheless, he was recalled to Japan where he was reassigned to office duty and had his pay cut.

https://en.m.wikipedia.org/wiki/Diplomatic_immunity
Re: Politics Digest: Diplomatic Immunity by DaniDani(m): 11:52am On Jan 19, 2019
If that's the case, the wicked APC govt won't hesitate to waive atiku's immunity.

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Re: Politics Digest: Diplomatic Immunity by RurouniKenshin: 2:39pm On Jan 19, 2019
DaniDani:
If that's the case, the wicked APC govt won't hesitate to waive atiku's immunity.
Exactly!

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