Diplomatic Immunity: The Abuse Of Diplomatic Immunity

Immunity is also important as it protects diplomats from harassment by law enforcement from unfriendly governments. Although diplomatic immunity exempts foreign diplomats from the jurisdiction of the host nation, diplomats can still be held accountable for their crimes if the foreign country waives immunity or the individuals are charge d in their country. The concept of diplomatic immunity is often controversial because diplomats are not subject to liability even where they contravene laws. This controversy arises because diplomats with diplomatic immunity sometimes contravene laws intentionally. The abuse of the privilege of diplomatic immunity is a common practice among diplomats and some of the offenses these individuals commit include, espionage, drug trafficking, abuse of employees, tax evasion, driving under the influence, parking violations and financial abuse. Article 27 of the Vienna convention provides that diplomatic bags should not be opened. This implies that if individuals with diplomatic immunity decide to smuggle drugs into the host country they can do so without any legal repercussions because the bags cannot be opened. The loopholes in the concept of diplomatic immunity allow diplomats to abuse the privilege associated with diplomatic

This understanding relates to the recognition of the status quo of each state. However, at times a state can assume the position where it challenges the existing order, for example recognizing a new state. Recognition in this case can be used to recognize the existing order. State recognition in international law includes two aspects. Recognition can affect the international legality of the purpose of recognition where the state is considered legal or illegal due to its treatment by other states. Recognition can also be regulated by international law as the states are restricted in their choices regarding recognition. There are two theories that are relevant in state recognition. The first theory provides that states do not exist legally until they are recognized by the international community. This theory follows that the creation of a new state is reliant on the acceptance of other states and the state will have rights after it is recognized. The other theory provides that states attain international recognition when they come into existence. This theory follows that the formation of a state is independent of the consent of other states. Another important aspect in the recognition of a state is the existence of an effective government. Apart from the criterion of the existence of a legal personality of a state an effective government is