Legal Literacy - Diplomatic immunity is a type of legal immunity that ensures that a diplomat can serve safely and cannot be prosecuted or arrested by state officials in the place where he or she serves.

Diplomatic Immunity and the Vienna Convention

Based on Article 25 Vienna Convention The year 1961 on diplomatic relations provides arrangements regarding diplomatic immunity. Article 25 grants rights to diplomatic envoys in the receiving state, which rights are inviolable to guarantee the implementation of the diplomat's duties and responsibilities. Not only diplomats receive diplomatic immunity, but it also applies to the diplomat's family, property, buildings, communications and documentation. Article 29 states that diplomatic officials are inviolable and cannot be arrested or detained (Edy Suryono and Moenir Arisoendha, 1986).

The immunity for family members of diplomats is explained in Article 37 paragraph 1 of the 1961 Vienna Convention on diplomatic relations, which affirms that the rights of diplomats' families cannot be violated because family members of a diplomatic official are part of the household, privileges and diplomatic immunity can only be enjoyed if he or she is not a citizen of the receiving state. Basically, all countries accept the diplomat's husband/wife as a family member.

Case Examples of Diplomatic Immunity

Regarding the violation of the law committed by Anne Sacoolas, the wife of a US diplomat in England, who hit a young man, Harry Dunn, to death, it can be said that Anne Sacoolas has committed a violation of the law in the receiving state. Anne Sacoolas is the wife of a US diplomat, so she is included in the family members described in Article 37 and receives diplomatic immunity from all forms of legal action, including prosecution in the receiving state.

Anne Sacoolas' diplomatic immunity is reinforced by Article 39 paragraph (1), which states that everyone who is entitled to legal immunity and privileges will receive it from the moment he or she enters the territory of the receiving State in the process of taking up his or her post, or if he or she is already in its territory, from the moment his or her appointment is notified to the Ministry of Foreign Affairs or other ministry agreed upon. So it is true that Anne Sacoolas cannot be prosecuted and tried under English law.

The settlement of this problem by extradition with the UK requesting the United States to hand over Anne Sacoolas may not necessarily be possible, because the surrender or extradition based on the provisions of Article 3 letter e of the UN General Assembly Resolution No. 45/116 concerning the Model Treaty on Extradition Obligation to Extradite, that bilateral extradition agreements can only be applied to civilians or people who do not have diplomatic immunity, while Anne Sacoolas is protected by Article 37 concerning diplomatic immunity for diplomats' families.