Diplomatic immunity

Diplomatic immunity

Diplomatic immunity is a policy held between governments, which ensures that diplomats are given safe passage and are considered not susceptible to suit under the host country's laws (although they can be expelled as undesirable - persona non grata). It was agreed as international law in Vienna Convention on Diplomatic Relations (1961).

Diplomatic and Consular Privileges and Immunities From Criminal Jurisdiction

Summary of Law Enforcement Aspects

Category May Be Arrested or Detained Residence May Be Entered Subject to Ordinary Procedures May Be Issued Traffic Citation May Be Subpoenaed as Witness May Be Prosecuted Recognized Family Member

Diplomatic Diplomatic Agent No¹ No Yes No No Same as sponsor (full immunity and inviolability)

Member of Administrative and Technical Staff No¹ No Yes No No Same as sponsor (full immunity and inviolability)

Service Staff Yes² Yes Yes Yes No, for official acts. Otherwise, yes² No immunity or inviolability²

Consular Career Consular Officers Yes, if for a felony and pursuant to a warrant.² Yes⁴ Yes No, for official acts. Testimony may not be compelled in any case. No, for official acts. Otherwise, yes³ No immunity or inviolability²

Honorary Consular Officers Yes Yes Yes No, for official acts. Yes, in all other cases No, for official acts. Otherwise, yes No immunity or inviolability

Consular Employees Yes² Yes Yes No, for official acts. Yes, in all other cases No, for official acts. Otherwise, yes² No immunity or inviolability²

International Organizations International Organization Staff³ Yes³ Yes³ Yes No, for official acts. Yes, in all other cases No, for official acts. Otherwise, yes³ No immunity or inviolability²

Diplomatic-Level Staff of Missions to International Organizations No¹ No Yes No No Same as sponsor (full immunity and inviolability)

Support Staff of Missions to International Organizations Yes Yes Yes No, for official acts. Yes, in all other cases No, for official acts. Otherwise, yes No immunity or inviolability

Category	May Be Arrested or Detained	Residence May Be Entered Subject to Ordinary Procedures	May Be Issued Traffic Citation	May Be Subpoenaed as Witness	May Be Prosecuted	Recognized Family Member
Diplomatic	Diplomatic Agent	No¹	No	Yes	No	No	Same as sponsor (full immunity and inviolability)
Member of Administrative and Technical Staff	No¹	No	Yes	No	No	Same as sponsor (full immunity and inviolability)
Service Staff	Yes²	Yes	Yes	Yes	No, for official acts. Otherwise, yes²	No immunity or inviolability²
Consular	Career Consular Officers	Yes, if for a felony and pursuant to a warrant.²	Yes⁴	Yes	No, for official acts. Testimony may not be compelled in any case.	No, for official acts. Otherwise, yes³	No immunity or inviolability²
Honorary Consular Officers	Yes	Yes	Yes	No, for official acts. Yes, in all other cases	No, for official acts. Otherwise, yes	No immunity or inviolability
Consular Employees	Yes²	Yes	Yes	No, for official acts. Yes, in all other cases	No, for official acts. Otherwise, yes²	No immunity or inviolability²
International Organizations	International Organization Staff³	Yes³	Yes³	Yes	No, for official acts. Yes, in all other cases	No, for official acts. Otherwise, yes³	No immunity or inviolability²
Diplomatic-Level Staff of Missions to International Organizations	No¹	No	Yes	No	No	Same as sponsor (full immunity and inviolability)
Support Staff of Missions to International Organizations	Yes	Yes	Yes	No, for official acts. Yes, in all other cases	No, for official acts. Otherwise, yes	No immunity or inviolability

¹Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety, or the prevention of serious criminal acts.

²This table presents general rules. Particularly in the cases indicated, the employees of certain foreign countries may enjoy higher levels of privileges and immunities on the basis of special bilateral agreements.

³A small number of senior officers are entitled to be treated identically to “diplomatic agents.”

⁴Note that consular residences are sometimes located within the official consular premises. In such cases, only the official office space is protected from police entry.

This chart is copied from the US State Department's Bureau of Diplomatic Security Web site, http://ds.state.gov/dipimmunities/dichart.pdf.