Diplomatic immunity

Diplomatic immunity is a set of legal protections that limits a host state’s jurisdiction over foreign diplomats and certain mission personnel. Its scope depends on a person’s status and the applicable rules.

Vienna Convention on Diplomatic Relations: A 1961 treaty that codifies rules governing diplomatic relations, missions, and agents. Its articles set the central treaty rules on diplomatic privileges and immunities.
Diplomatic mission: An official body through which one state conducts diplomatic relations with another. Many protections attach to the mission and its premises, not just to individual diplomats.
State immunity: A doctrine limiting the jurisdiction of one state’s courts over another state and its property. It protects states as legal entities, while diplomatic immunity protects individuals and missions.
Diplomatic protection: A state’s invocation of international responsibility when another state injures one of its nationals in violation of international law. When local courts cannot act against a diplomat, the sending state may pursue remedies between states.
Personal inviolability: A legal protection against arrest or detention and certain forms of coercion. Diplomatic agents are protected from arrest or detention by the receiving state.
Diplomatic agent: A head of mission or member of its diplomatic staff recognized as having diplomatic status. This status carries the broadest personal protections under the Vienna Convention.
Functional immunity: Immunity for official acts performed on behalf of a state, often continuing after an official leaves office. Diplomats’ personal immunity is broader during their posting than this act-based protection.
Diplomatic expulsion: The removal of a foreign diplomat or diplomatic mission from a host state. Declaring a diplomat persona non grata offers a political remedy when prosecution is barred.
Immunity from jurisdiction: A legal bar limiting a court’s authority to hear or decide a case against a protected person or state. Diplomats generally have broad immunity from the receiving state’s criminal jurisdiction and specified civil jurisdiction.
Administrative and technical staff: Mission personnel who perform administrative or technical work rather than diplomatic functions. Their protections are generally broad, but civil and administrative immunity has treaty exceptions.

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