Diplomatic Immunity Essay Example | Topics and Well Written Essays - 1500 words

Diplomatic Immunity - Essay Example cial review is stronger where the executive finds an individual not to have been a diplomat, but even so the courts have generally acceded to the determination of the executive. However, since the history of international law shows that, from time to time, a claim of immunity must be adjudicated in various contexts, when an appropriate issue is duly raised before the courts, it is within the area of judicial competence and responsibility to determine whether a claim of diplomatic immunity is valid. For instance, when the State Department, in making a certification, not only rules upon a persons diplomatic status but also states a conclusion of law in making the determination, the determination is reviewable, that is looked at, by the courts. Also, where the status and right to immunity have not been determined by executive action, they are a proper subject of decision by the courts. The Vienna Diplomatic Convention provides absolute immunity from criminal prosecution for diplomats and their family members who are not nationals of the receiving state. These individuals also enjoy immunity from civil suit except in three instances: (a) an action regarding real property in the receiving state unless the property is held on behalf of the sending state for purposes of the mission1, (b) an action relating to succession (in which the diplomatic agent is involved as executor, administrator, heir or legatee) not on behalf of the sending state2, or (c) an action relating to any professional or commercial activity in the receiving state outside of a diplomats official functions3. When the diplomatic agent stops his functions his immunity ceases as well, except â€Å"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.† (Vienna Article Convention). The State Departments interpretation of the provisions of the Convention, although given deference,are not conclusive. Notwithstanding