(Withdrawn) WA Diplomatic Immunity Act

Diplomatic Immunity wrote:Diplomatic immunity is a form of legal immunity that ensures diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws, although they can still be expelled.
Diplomatic immunity as an institution developed to allow for the maintenance of government relations, including during periods of difficulties and armed conflict. When receiving diplomats—who formally represent the sovereign—the receiving head of state grants certain privileges and immunities to ensure they may effectively carry out their duties, on the understanding that these are provided on a reciprocal basis.

World Alliance Diplomatic Immunity Proposal wrote:

World Alliance Diplomatic Immunity Act

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- Diplomatic immunity means that in case an official delegate is suspected of committing a crime, instead of national trial, by one nation or the other, the trial shall be held in the World Alliance Security Council.

- Official delegates of one nation (ambassadors and diplomats) to another are given diplomatic immunity.

- The staff or service members of official delegates are given diplomatic immunity.

- The close family members of official delegates are given diplomatic immunity.

- Diplomatic-level staff of missions to international organizations, and international organization staff members are given diplomatic immunity.

- Persons enjoying diplomatic immunity may still be subject to the laws of the host nation regarding traffic control, and area restrictions.

- Residential searches may be carried out in case the WASC deems it nessessary in order to gain evidence for a court case.

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United States of Ireland wrote:Debate is now open for Three Days.


Ok here's my opinion all this act is is the WASC trying to make sure they can control every aspect of a nation. In my opinion this bill is stupid. First off it's saying "An ambassador can kill half the country but you can't arrest them." and second off it's a violation of the Sovereignty Act

Corinthos wrote:

United States of Ireland wrote:Debate is now open for Three Days.


Ok here's my opinion all this act is is the WASC trying to make sure they can control every aspect of a nation. In my opinion this bill is stupid. First off it's saying "An ambassador can kill half the country but you can't arrest them." and second off it's a violation of the Sovereignty Act

No, it's not a violation of the Sovereignty Act. First of all, if you have an embassy of someone in your nation, the grounds of that embassy are considered to be the territory of the nation whose embassy it is.

Second, diplomatic immunity doesn't mean that ambassadors can do whatever they like. Simply, it means that diplomats aren't going to be jailed or executed because the relationship between the two nations worsen.

An ambassador is a representative of a whole nation towards the international community. If there'd be no diplomatic immunity, one could simply arrest another nations leader "because he committed a crime" and execute him during a visit. This is simply not acceptable, the safety of messengers and diplomats has always been held "sacred", that's one of the most basic things of why diplomatic missions exist.

United States of Ireland wrote:
Well I don't see any provisions to allow a warrant to be attained so an ambassador can be arrested. There needs to be regulations yes. But you must still put the basic input that an ambassador can be arrested if a proper warrant is attained.

And even if an arrest was made it would be "simply arrested" it should be a full legal process. I understand that diplomats are important people in the diplomatic process but they must still be susceptible to crimes of the most serious kind. Expelling an ambassador might not be enough sometimes. We will just be sending him back to a country that most likely won't hold him accountable for these crimes.

Corinthos wrote:

Diplomatic Immunity wrote:Diplomatic immunity is a form of legal immunity that ensures diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws, although they can still be expelled.
Diplomatic immunity as an institution developed to allow for the maintenance of government relations, including during periods of difficulties and armed conflict. When receiving diplomats—who formally represent the sovereign—the receiving head of state grants certain privileges and immunities to ensure they may effectively carry out their duties, on the understanding that these are provided on a reciprocal basis.

Greetings, nations of the World Alliance!

Dipomatic immunity is currently only a customary law in the World Alliance, with no exact laws determining it's effects. This, the Republic of Corinthos believes, can hinder diplomatic relations and peaceful cooperation of nations. It has occured to the Republic of Corinthos that our ambassador was executed without a trial, and now a similiar case might happen.

However, without any relation to current or past events, and looking into the future instead, the Republic of Corinthos proposes that the World Alliance drafts and enacts a law of diplomatic immunity.

"So why do we agree to a system in which we're dependent on a foreign country's whim before we can prosecute a criminal inside our own borders? The practical answer is: because we depend on other countries to honor our own diplomats' immunity just as scrupulously as we honor theirs."

Here is our proposal:

World Alliance Diplomatic Immunity Proposal wrote:

World Alliance Diplomatic Immunity Act

- - - - - -
- Diplomatic immunity means that in case an official delegate is suspected of committing a crime, instead of national trial, by one nation or the other, the trial shall be held in the World Alliance Security Council.

- Official delegates of one nation (ambassadors and diplomats) to another are given diplomatic immunity.

- The staff or service members of official delegates are given diplomatic immunity.

- The close family members of official delegates are given diplomatic immunity.

- Diplomatic-level staff of missions to international organizations, and international organization staff members are given diplomatic immunity.

- Persons enjoying diplomatic immunity may still be subject to the laws of the host nation regarding traffic control, and area restrictions.

- Residential searches may be carried out in case the WASC deems it nessessary in order to gain evidence for a court case.

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Thank You for reading. Any kind of modification or suggestion is welcome, as long as the institute of diplomatic immunity will stay on topic.

Great Eurussia wrote:

Is this proposal different from the existing law?

https://worldalliance.forumotion.co.uk/t120-wa-diplomatic-relations-act#2914

Corinthos wrote:

Great Eurussia wrote:

Is this proposal different from the existing law?

https://worldalliance.forumotion.co.uk/t120-wa-diplomatic-relations-act#2914

That Act only mentions that "Such mission shall be granted the privileges of extraterritoriality.", and "All disputes arising in this Act shall be resolved through the WA Court of Justice.".

However, recent events have shown that this Act is not taken into praxis, or is avoided because the lack of exact definitions it gives.

Great Eurussia wrote:

Eurussia believes that the statements of Corinthos over the WA Diplomatic Relations Act are mere interpretations of its own government. Unless the international law has been tested before the Security Council as a judicial body, its final interpretation will remain a question. On the other hand, we express our support to the initiative of the Corinthos Government on the current proposal at hand.

As the original author of the similar WA Diplomatic Relations Act, we give the consent to either alter the said law, amend it, revise it or repeal it, at the disposal of the proponent at hand for the purpose of achieving a single harmonized law tackling the issue of diplomatic inmunity.

On the other hand, Eurussia advises the Security Council that it remains wary of any attempts to violate the sovereignty of our country.