Diplomatic immunity

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Example of a diplomatic passport (left) and an official passport (right) from India, both conferring varying levels of diplomatic immunity upon their bearers

Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.^[1][2] It allows diplomats safe passage and freedom of travel in a host country, and affords almost total protection from local lawsuits and criminal prosecution.^[1]

Diplomatic immunity is one of the oldest and most widespread practices in international relations;^[2] most civilizations since antiquity have granted some degree of special status to foreign envoys and messengers.^[1] It is designed to facilitate relations between states by allowing their respective representatives to conduct their duties freely and safely, even during periods of political tension and armed conflict. Moreover, such protections are generally understood to be reciprocal and therefore mutually beneficial.^[2]

As a longstanding and nearly universal concept, diplomatic immunity has long been considered customary law; however, it was traditionally granted on a bilateral, ad hoc basis, leading to varying and sometimes conflicting standards of protection. Modern practices of diplomatic immunity have largely conformed to the 1961 Vienna Convention on Diplomatic Relations, which formally codified the legal and political status of diplomats, and has been ratified by the vast majority of sovereign states.

Diplomats may be declared persona non grata and expelled, although not prosecuted. A foreign official's home country may waive immunity and allow prosecution, typically if the official was involved in a serious crime unrelated to their diplomatic role (as opposed to, for example, allegations of spying). However, many countries refuse to waive immunity as a matter of course, and diplomats have no authority to waive their own immunity (except perhaps in cases of defection).^[3][4] Alternatively, the home country may prosecute the diplomat on its own accord or at the behest of the host country.^[4]