Diplomatic agents also enjoy complete immunity from the criminal jurisdiction of the host country’s courts and thus cannot be prosecuted no matter how serious the offense unless their immunity is waived by the sending state. They enjoy complete personal inviolability, which means that they may not be handcuffed (except in extraordinary circumstances), arrested, or detained and neither their property (including vehicles) nor residences may be entered or searched. The bottomline is Diplomats are NOT above the lawĭiplomats enjoy the highest degree of privileges and immunities. Modern diplomatic immunity was codified as international law in the Vienna Convention on Diplomatic Relations (1961) which has been accepted by 192 nations.ĭiplomatic immunity is a widely misunderstood topic, leading to several myths. This 1790 law remained in force until 1978, when the present Diplomatic Relations Act (22 U.S.C. In 1790, the United States passed similar legislation that provided absolute immunity for diplomats and their families and servants, as well as for lower ranking diplomatic mission personnel.

In 1708, the British Parliament formally recognized diplomatic immunity and banned the arrest of foreign envoys. The first permanent diplomatic mission (modern day embassy) was established in Italy in 1455, representing the Duke of Milan in Genoa. Ancient Greek and Roman governments have offered special status to envoys.

Ethiopians and the Byzantines diplomatic exchange continued during the Arab–Byzantine wars.

Roughly 4000 years ago, evidence is found in the indian epics Mahabharata and Ramayana where couriers and diplomats given immunity and safe conduct from capital punishment or killing. The origins of diplomatic immunity can also be traced as far as back to ancient civilizations of China, India, and Egypt. Diplomatic immunity for messengers have existed since prehistoric times in foreign relations.

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