Diplomatic immunity
History
In the United States, the Diplomatic Relations Act of 1978 (22 U.S.C. § 254a et seq.) follows the principles introduced by the Vienna Conventions. The United States tends to be generous when granting diplomatic immunity to visiting diplomats, because a large number of U.S. diplomats work in host countries less protective of individual rights. If the United States were to punish a visiting diplomat without sufficient grounds, U.S. representatives in other countries could receive harsher treatment. If a person with immunity is alleged to have committed a crime or faces a civil lawsuit, the State Department asks the home country to waive immunity of the alleged offender so that the complaint can be moved to the courts. If immunity is not waived, prosecution cannot be undertaken. However, the State Department still has the right to expel the diplomat. In many such cases, the diplomat's visas are canceled, and they and their family may be barred from returning to the United States. Crimes committed by members of a diplomat's family can also result in dismissal.
Diplomatic immunity-17