International Law | Diplomatic Immunity Explained | Vienna Convention | Lex Animata | Hesham Elrafei

What is Diplomatic Immunity?
#law #internationallaw #education #politics
By Hesham Elrafei
/ heshamelrafei
This video explains the inviolability of diplomats and envoys in International Law and their immunity from court jurisdiction as per the Vienna Convention on Diplomatic Relations (1961 ) . Immunity of the embassy Premises & properties, like the buildings, , Vehicles, Archives, and Communications .Immunity of the personnel working in the embassy , which entails the Diplomatic envoys and their families and other admin and technical staff.
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[@FerretJohn]

Diplomatic Immunity isn't like what they show on TV cop shows where foreign diplomats thumb their noses at US laws and police. There are many levels of immunity with full immunity going only to the major officials and their families (the ambassador, chief of staff, head of security, etc). The assistant to the secretary of the undersecretary of media affairs for instance gets... considerably less protections. Also while the senior officials do have full immunity (a very necessary protection to prevent them from being used and abused by the host countries for their own ends) they are very rarely the kind of people who would use that immunity to blatantly ignore the local laws. These people (and their families) are official representatives of their countries, their actions reflect upon their governments, and their superiors make very sure the they fully understand and appreciate that responsibility before being sent to represent them in a foreign country, and most of the Diplomats home countries would be very disappointed with them if they made their countries look bad

[@annhughes4992]

You are very naive in your assessment of governments and international organizations. Follow the money!

[@lexanimata]

That's not my assessment, if you had the chance to go to law school you would understand this is called international law

[@younesskhader1150]

My dads a High Ranking Diplomat, he got away with so many fines for speeding etc.

[@Francisco-j1e]

I hope diplomatic immunity ends.

[@rayalewster]

Unethical abuse of the Immunity Provisions by Diplomats gives a double standard to the Rule of Law construct. 6-13-2019

[@missfriedrice]

Mine too

[@jbudwal]

@@Francisco-j1e it wont because countries that have strict laws like execution will not be protected.

[@flyguncz9437]

Why your dad not kill the queen for example? Its so fine.

[@amirrazaamirraza7840]

How many days require a diplomatic bag from USA to Pakistan

[@0371998]

Its a Bright organ, Its the best core of principles Who serve all New forces constitutated. IT protect the forces against the extremist party,or the blinded country. This système must exist and serve us forever, if IT cause problem the chance of dual are not lacking for the others titles.

[@counttommymarion7319]

I have Diplomatic Immunity, yet they donot respect this and falsified documentation and illegally arrested me and detained me for almost six years on false charges.

[@quarentenabaytibar8140]

We needs the information more but between quarantine

[@yaseefsheikh5925]

can you explain why us marshals didn't go according to rules in devyani khobragde's (Indian diplomat) case and strip searched her after arresting her in front of her daughter....... the responce of us marshals was epic..... they said they were maintaining ""equality before the law""......

[@DCJNewsMedia]

I can atttest to the fact that that is is true. In a traffic stop in the mid 1990s I came across a diplomate and was advised to release him at 3 am for very excessive speed and dangerous driving. Further I was told to write a report and constate the US State Department immediately. I did both. I was contacted back by the state department and he county and he was expelled from America As he was a lower ranking diplomate. It took about 30 days to happen. Normally he would have faced a huge fine and could have gone to jail for up to 180 days. Wow it was strange to me. That's how I really learned about it. I was taught about it at the police academy....but reality is different than textbook. I understand it. But I don't fully agree. It makes sense in 3rd world countries but not in 1st world due process countries. Just saying. Thanks for sharing

[@ColonelMarcellus]

How do I become a diplomat?

[@robzertjos6216]

Study a social-science at BA/Degree level, go for International Relations, or Foreign affairs, or Global Politics - graduate with a high mark and make sure to take on 3 internships (placements) every 4 months. Then when you graduate, you will have a good CV with 6+ solid internships with WHO, (UN)ESCO; Amnesty Intl; HRW or BGC. And if you have a degree, take a Master's degree (Level-7) in International Relations, and focus more on practical (etiquette, protocol) -- also -- learn 3 languages minimum. There is no excuse for not being able to learn 3 languages in 1-2 years if you're at that level, intellectually. What else.... clean record, no smoking, drinking and certainly no drugs. Be a good person, eager to learn more about cultures and you'll fit in. You also don't strictly have to do all these things, you can enter your country's civil service (Federal Service) so if in Italy, join the Italian Bureaucracy; if in EU join the EU Commission and then EEAS. A degree is not a condition, have a look at USA's State Dept's FSOT (tests), but competition is tight. If you are the kind of person who studies and reads into things all the time, you're the perfect candidate. No goal is too big. You can do it.

[@ColonelMarcellus]

@@robzertjos6216 Aw, I'm too old to begin the process.

[@pikapika2668]

The FBI marks confused me 1:23

[@aertybhujm1]

I have finished watching this video completely. (我看完這部影片了) I am a Taiwanese who cares about the global affairs. (我是一個關心全球事務的台灣人) And, sadly, most of my fellow Taiwanese don't really care about the world. (但是，很不幸地，我大部分的台灣同胞不那麼在意世界。) Hopefully Taiwan can become increasingly globally-aware and globally-competitive. (希望台灣可以越來越有全球意識與全球競爭力。) God bless Taiwan. (天佑台灣。)

[@delalidumashie4691]

Amen

[@betsyadala]

Clear 🌟

[@merakanoon1015]

agent or family member of diplomat committed crime can they claim immunity ? Is there any law or examples for it

[@guthixmax]

Hey I live in Dubai and one of my friends is a niece of a prime minister so he has a diplomatic passport I'm not sure if this answers ur question but I think anyone who has a diplomatic passport has diplomatic immunity

[@nelsonbilangel4016]

what about if someone send to you in diplomatic courier packages from the other country and the receiver is normal person is there any chance to claim the package or the claimant must be a diplomat also to received the package.? if normal person will receive it. is there any crime will be filled against normal person.? i wanna know..

[@ColonelMarcellus]

Rumors were that the "diplomatic pouches" sometimes contained drugs or weapons or other stuff to smuggled into the host country. Rumor is that there is no limit to the size of the "diplomatic pouch" which can be the size of a box car. I find it difficult to believe.

[@Vatan_Parast30]

oh man that's so much fun i want to be a diplomat too :'(

[@Hassan-cy6tt]

Free_ Iran99 I am getting diplomatic passport inshallah next week

[@devilsapgt3849]

@@Hassan-cy6tt I have one 😭

[@Hassan-cy6tt]

@@devilsapgt3849 I have it for 2 years and it’s almost useless

[@devilsapgt3849]

@@Hassan-cy6tt it is useful for me because i am from the United Arab emirates ( Dubai ) and we have the worlds strongest passport my dad works as a diplomate in turkey

[@Hassan-cy6tt]

@@devilsapgt3849 it’s only useful when you travel you can get free upgrades on flights and shi but good thing is also u get some type of immunity from the police btw I was born and brought up in the uae I am chammak

[@rims970]

If an army person want to send money though diplomatic courier can I receive it and I m a normal person

[@robzertjos6216]

Hey! No. Diplomatic Couriers are themselves trained, screened and selected carefully. They are authorised to carry papers, documents or [Items][ambiguous] and transport them from A to B, and no police force can check. This is because the State's interests and secrets are contained in those files, and were they to fall to say, a foreign spy's hands, it would be a huge problem. You cannot receive anything from a diplomatic courrier as a ordinary civilian, unless you were given a hand-signed note from an Amb/Minister or Consul, and even then, it has to be very specific. Basically, there are "levels" of immunity, and the higher one is on the diplomatic ladder/rank, the more valuable the materials are that they carry. An Attache may have E4 immunity whilst a 1st Secretary will have E2, this is because of the rank -- also -- the 1st SEC may hold documents deemed "top secret" and so he requires a higher immunity level. The Army part of your sentence is ambigious, if it's a Military Attaché, then that's a whole topic of itself -- but attachés are usually inter-agency (not strictly speaking diplomats). Could they send money? Yes - to another diplomat, but not to a civilian. And also, the money would have to be authorised by head of mission, and well... why is the money being sent? is it for a covert secret service operation? if so, this is above the law.

[@nba5130]

It’s a good life , I ain’t going lie

[@flyguncz9437]

Dualism you know?

[@nba5130]

@@flyguncz9437 I could easily google. But educate ?

[@flyguncz9437]

@@nba5130 no one international law works if country dismiss that. It's must be first corporated to.national laws. But nearly nobody know that.

[@shayzx]

the music is so distracting

[@lexanimata]

Thanks

[@leyahp1952]

I have a question, please answer..... What if the Diplomat failed to do his job or violated laws or commited a cime?? Can the Sending country detain his own diplomat after being deported back? Please answer. Thank you.

[@flyguncz9437]

If the host country have dualism in constitution they can arrest them because not binding to police etc.

[@robzertjos6216]

Failed to do the job? is this regarding say, what his country's mission sent him to do? that's disobeying orders; he would be demoted. If a diplomat has committed a crime, then he/she submits this to his superior, typically a 1st Secretary or Chargé-d'affaires, and then an internal investigation is done. The host nation will be notified (if it's deemed as important) and then the diplomat could lose his/her rank, or even job -- so it's very serious. Also, you wouldn't commit crimes anyway, diplomat or non-diplomat, and the diplomatic service do a good job of weeding out people who are likely to misbehave. But otherwise, small misdemeanours are seen not relevant to the job of the diplomat - namely brokering peace deals, dealing with intelligence, dealing with visas (consuls) and so much more -- they really do submit their lives to Govt work, hence the immunity. The state has to grant immunity because of doctrinal law and the notion of State Immunity. If I were a diplomat, and I did something wrong, I would be extremely scared of not only the effects it may have had on others, but on my career -- all your life's work gone like that. 2nd Question: the Diplomat's country can recall him, yes, but this isn't done in public (it's shameful). He/she would be brought back and debriefed and possibly demoted to a desk job in a foreign office or civil service ministry. The moment the diplomat arrived back at HOME country, he has 0 immunity. He does have [Implied] immunity, but this is different. Immunity is only granted abroad to prevent random arrests, false arrests, or even hostage taking -- diplomats carry documents of top secrecy which affect everyone, they must be protected. An attache (A1) would have a lower level of immunity then say, a Counsellor (D7). The higher value of the diplomat and his contents/job = the more immunity granted. The HOST country cannot detain or arrest diplomats, but most if arrested, will comply with the most basic demands (ID checks, asked questions).

[@robzertjos6216]

@@flyguncz9437 I see where you're getting at, the Dualistic approach to International Law? yes, I mean this in principal means a state recognises intl law (so, diplomatic law too), but also recognises domestic law and sees both as separate - i.e. not Monistic. But I can't find any examples of prosecutions of diplomats in either case, except when said diplomat voluntarily gave himself up.

[@naveedakramkhan751]

nice

[@robbiedelsolia4860]

Gang gang gang

[@ColonelMarcellus]

Foreign diplomats in my country get more consideration, privilege, rights, and perks than do law-abiding, productive citizens in my country. What's wrong with this picture?

[@flyguncz9437]

Normal people don't have any right, because its slaves.

[@robzertjos6216]

Because foreign diplomats are essentially tools or envoys sent from a foreign state to work with yours. Their life is dedicated to furthering their country's agenda, and to upholding international law and freedom. If you read the Vienna Convention (1961) you will see Art 18-31 strictly prohibit interference in internal affairs of host country. The perks and things that seem fancy and luxurious may seem so, but when you're in the job you are doing a very serious (and dangerous job), this is why the Govt supply them with big cars, close protection, immunity etc -- because they "execute" the Govt's orders. The govt wouldn't send them in some old Pickup trucks with no protection, they would be abducted and used. I recommend you start from the 1600 period for European diplomacy. And whilst the Chinese, Japanese and Arabs practised diplomacy long long before Europe did, we have universally adopted the Westphalian (1648) model. Last point, I know a few diplomats and trust me, the last thing on their mind is their car, house, money or any other "perk" people think is special -- they are a dedicated bunch, money means nothing to them. Diplomats are rotated every 3-5 years, Ambassadors typically 3y 7 months.

[@thisguy8258]

TRUE STATE OF QUEENSLAND ~ DIPLOMAT ANDRIJA AKRAP ~ MATTHEW 5: 35:37 ME SAME IMMUNITIES VIENNA CONVENTION ON DIPLOMATIC RELATIONS 1961 ARTICLE 14 . ~ YES

[@kalkishiva6054]

Love u

[@bernadettesison5979]

Correct I'm here to explain cartoon trademark of animation time page between reality of engaging on common sense 🙄

[@Bastuun]

These diplomat cartoons look super smug. Theyve animated them well 😁

[@lexanimata]

Thanks

[@WaltAveKodak]

some people don't know about this

[@flyguncz9437]

Some people also don't know about dualism and monism international law.

[@ninjakid3473]

brother name me application name

[@MrAwuzie]

I WANT TO BECOME A DIPLOMAT CAN ANYONE TEL ME HOW?

[@FerretJohn]

+Awuzie A . C . E. Six to eight years in college studying Political Science and International Affairs, followed by about 10 to 20 years working your way up the ranks serving on various political/diplomatic staffs. Making certain influential people your friends doesn't hurt.

[@Francisco-j1e]

Be born from one and you get automatic immunity.

[@ChicagoDefense]

Be white and privileged.

[@deekaye25]

@@ChicagoDefense May i remind you there are African, Jamaican and other non-white diplomats in foreign countries all over the world!

[@urgencepc4563]

TYPE WITH CAPS IN A KZbin COMMENT SECTION.

[@raindropsofsky]

I will not become the worst at promoting diplomatic relations among the nations. I will not become the worst at writing diplomatic correspondence. My diplomat profession will not become a failure. I will not be the most stupid woman in writing diplomatic correspondence in both Myanmar and English.

[@DanielGarcia-fk4pn]

What if I told you that I was a diplomat? Then I'd be lying.

[@teaundraeshaw6626]

elizabeth warren

[@wanfarhan7654]

bloodborne ost

[@supergamer288]

DRAKE??????????????????????

[@N1tr0u5]

End diplomatic immunity

[@isaiahjames1700]

Why

[@ermonski]

@@isaiahjames1700 some of them reportedly abuse their power

[@nationstatesthrowaway6755]

@@ermonski It happens, but a different issue is that sometimes, a diplomat might be in a nation where people don't have hardly any rights. But maybe there should be certain exceptions to diplomatic immunity, so diplomats can't go shooting people, etc.

[@ermonski]

@@nationstatesthrowaway6755 what if they accidentally kill someone? Do they have to pay the victim?

[@flyguncz9437]

@@ermonski No. Diplomats can do anything they want, its more powerfull than host country.

[@CHRISTSlave7]

So, Ya have an F.B.I. Agent getting shot from an Embassy in the ...U. K. !-) lol-)

[@CHRISTSlave7]

Miss Officer Fletcher was shot outside the Embassy in 1984. She was a Local, Metro-PoliceWoman during m. gaddafi's ill reign; Both having Gone On to receive what will likely be Radically Different Rewards; We will see for Ourselves on the Last Day. i wonder if She has Children!

[@SaladAndSalt]

Stereotyping made me dislike this

[@lexanimata]

+SaladAndSalt Thanks for your feedback, this is just an illustration not intended to gives any positive or negative messages , i hope the legal material itself was useful

[@zbeast]

+SaladAndSalt What stereotyping?

[@JordanCS7]

+Kobe Wild 0:55

[@lexanimata]

+JordanCS7 Thnks for yr suggestion about the legal terms, i will add going forward a glossary table in th video description, i hope this helps , is there any specific legal terms within this video tht u cudnt catch up with?

[@JordanCS7]

+LEX ANIMATA for example, persona non grata. It would be great just to include just some context as to what it means. As a viewer without the slightest knowledge of law terms and without context or meaning I'm left having to Google it to understand the last few points of the video. I searched for this after the recent news about an individual I think from the gulf that was street racing and said he couldn't and wouldn't be charged as he had diplomatic immunity