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+---- Thread: Diplomatic Immunity (/showthread.php?tid=334)
Diplomatic Immunity - Grosseschnauzer - 10-14-2005
Quote: Diplomatic Immunity
A resolution to increase democratic freedoms.
Category: The Furtherment of Democracy
Strength: Significant
Proposed by: Cobdenia
Description: 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 that 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 officers 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
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 under the host nation?s laws and judicial system
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
Voting Ends: Wed Oct 19 2005[/quote]
Diplomatic Immunity - Keeslandia - 10-14-2005
Our initial read is that this sounds very reasonable. However, I will admit my reading wasn't entirely in-depth, so the Empire will come back in a day or two to review.
Diplomatic Immunity - Groot Gouda - 10-14-2005
It's extremely reasonable. That does mean it lacks a bit of force. I, as a host nation, can decide on granting diplomatic immunity. So I can simply not grant it.
However, there are advantages to agreeing on something on this issue, so I'm currently in favour of this.
Diplomatic Immunity - Antrium - 10-14-2005
Antrium votes for.
Diplomatic Immunity - Mikitivity - 10-15-2005
This particular resolution dates back to a proposal from early 2005, which at the time my nation was in favour of. We'll naturally review the full text again, but the concept is sound and the sponsor Cobdenia is in good-standing with my nation, so for now we've voted in favour.
Diplomatic Immunity - Lawtonia - 10-15-2005
Lawtonia Vote Yes
Diplomatic Immunity - Grosseschnauzer - 10-18-2005
If you haven't indicated your vote, please do so as soon as possible. I will cast the region's vote sometime on Tuesday.
Diplomatic Immunity - Grosseschnauzer - 10-19-2005
Based upon the vote in this thread, I have cast the region's vote for the resolution.