Who is covered by diplomatic immunity

However, if the action in question was performed in relation to official functions, immunity does apply. Consular officers have a Green ID card , which means that they are not immune against prosecution or being required to give evidence except in relation to official functions , or residential and vehicle searches.

Descending colour-coded levels of immunity also exist for consular employees, honorary consuls, service staff, international organisations and overseas missions. At the lowest levels, immunity is generally only afforded in relation to the search of official premises. Despite having immunities, foreign representatives are required to respect Australian laws and the lawful directions of police. Nyman Gibson Miralis provides expert advice and representation in cases involving diplomatic immunity, both in Australia and internationally.

Contact us if you require assistance. What is diplomatic immunity? Who has immunity in Australia? In rare cases, both the second and third categories of embassy personnel above may enjoy as much immunity as diplomatic agents. But this happens only when the home country and the host country enter a special agreement or treaty for that purpose.

Moreover, home country governments can waive diplomatic immunity. Finally, no immunity applies to embassy employees or the family members of such employees who are nationals or permanent residents of the host country. Consular officers career consuls and other foreign government officials responsible for issuing travel documents, promoting commerce or tourism, and similar functions enjoy full immunity for acts performed in connection with their official function.

However, they are otherwise fully subject to criminal prosecution, except that they may be detained only in felony cases. No such exception applies to their family members, who enjoy no immunity at all.

Their property can be searched by police officers. They can also be sued like private citizens—although they are prohibited by international law from engaging in commercial or professional activities outside their official functions. Consulates' administrative and technical staff are not prohibited from engaging in commercial or professional activities outside their official functions.

However, they enjoy immunity only for acts performed in connection with their official functions. Other consular employees enjoy almost no immunity, except that they cannot be forced to appear as witnesses in U.

Here again, there are exceptions. Consular personnel may acquire almost as much immunity as diplomatic agents based on a special treaty between their home country and their host country. No immunity applies to consular personnel who are nationals or permanent residents of the host country, except that honorary consuls enjoy immunity for acts performed in connection with their official functions. Interestingly, international law is often less important than national laws when it comes to defining the immunity of representatives and personnel of international organizations such as the United Nations or the International Monetary Fund.

Under U. Similarly, most international organization personnel enjoy immunity only for acts performed in connection with their official function, while some but not all high-ranking officials may sometimes enjoy almost as much immunity as diplomatic agents. Diplomatic immunity does not mean that its beneficiaries can do whatever they want and get away with it. Police officers are allowed to disregard it whenever necessary to prevent a grave crime or an imminent danger to public safety.

In cases of traffic violation, even though diplomatic vehicles may not be impounded, police officers are still allowed to issue citations, and host governments may suspend driving privileges. In addition, host countries can request that home countries waive a crime suspect's immunity. In the alternative, host countries may expel the suspect from their territory. Finally, especially when the principle extends only to acts performed in connection with official functions, it is important to note that it is host country judges themselves who get to define the limits of immunity.

The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Please help us improve our site! No thank you. Diplomatic Immunity Primary tabs Diplomatic immunity is a status granted to diplomatic personnel that exempts them from the laws of a foreign jurisdiction.