First, the incident has aroused concern
Recently, an incident involving diplomatic immunity was like a bombshell, causing an uproar in public opinion. According to detailed and conclusive reports, a vehicle with an embassy license plate was parked illegally on a busy road in Beijing, causing a serious traffic jam in the rear. Many vehicles were forced to stop, sirens were honked one after another, and the order of the road was thrown into chaos in an instant.
In this chaotic moment, enthusiastic citizens with a sense of justice stepped forward to dissuade them. However, what is unexpected is that the people in the car not only did not have the slightest guilt and remorse, but had a bad attitude and spoke viciously to each other. One of the women was even more arrogant, openly claiming to have diplomatic immunity, and shouting at the well-meaning citizens to "get out". This unreasonable and outrageous act instantly ignited public anger and aroused strong anger and widespread doubts from all walks of life. One wonders if diplomatic immunity really means that you can act freely and without any constraints.
II. Connotation and Limitation of Diplomatic Immunity
As a special right granted to diplomats under international law, diplomatic immunity was originally established to ensure that diplomats can maintain relative independence and security when performing diplomatic tasks. However, this right is by no means an excuse for some people to trample on the law and ignore the rules of society. According to the authoritative and widely recognized Vienna Convention on Diplomatic Relations, diplomatic immunity mainly covers important aspects such as immunity from criminal jurisdiction, immunity from civil jurisdiction and immunity from administrative jurisdiction. It must be clear, however, that these immunities are not absolute and borderless. In certain circumstances, diplomats may still be reasonably bound by the laws of the host State.
In the case of the above-mentioned incident, the obvious administrative offence of illegal parking of a vehicle is not within the scope of diplomatic immunity. Moreover, even those diplomats who enjoy diplomatic immunity must undoubtedly abide by the laws and regulations of the host country and must not arbitrarily interfere in the internal affairs of the country in which they are stationed, let alone abuse diplomatic privileges and immunities. If a diplomat dares to violate these explicit provisions, the host country can negotiate with the sending country through regular and serious diplomatic channels, and demand that the diplomat concerned bear the corresponding legal responsibility.
Cases of abuse of diplomatic immunity
In fact, the abuse of diplomatic immunity is by no means unique. In recent years, in international exchanges, incidents of violations of law and discipline by some diplomats in the host countries have occurred from time to time, causing immeasurable damage to the image and interests of the sending countries.
For example, on that cold early winter day in November 2021, a vehicle driven by a U.S. diplomat in South Korea caused a shocking crash on the streets of Seoul and chose to flee in the most irresponsible way. Eventually, because of diplomatic immunity, the South Korean police were unable to arrest him, even though they were angry. This incident has aroused strong dissatisfaction and angry protests among the people in South Korean society, and has also had a certain impact on US-South Korea relations.
Another example is the hot summer of August 2019, when Anne Sacoolas, the wife of a U.S. diplomat in the UK, was driving against the road in the UK and brutally killed Harry Dunn, a 19-year-old British teenager in the prime of his youth. Sadly, however, the perpetrator fled back to the United States using diplomatic immunity in just three weeks after the incident. This callous act aroused endless grief and anger among the families of the deceased, and at the same time aroused strong dissatisfaction in British public opinion, which had a negative impact on Anglo-American relations.
Fourth, the right to diplomatic immunity should be treated
These painful and thought-provoking incidents have undoubtedly sounded a heavy alarm bell for us: diplomatic immunity is by no means a "shield" for violations of law and discipline, but a right that needs to be used with caution and cherished. Diplomats should respect the laws and regulations of the host country, conscientiously abide by social morality, and resolutely put an end to the use of immunity for improper personal gain or wanton harm to the legitimate interests of others.
At the same time, the host country should also attach great importance to strengthening the management and supervision of diplomatic personnel, establish and improve a complete set of effective systems and mechanisms, and ensure that diplomatic immunity can be used reasonably and appropriately.
For ordinary citizens, we also need to constantly enhance our legal awareness, have a deep understanding of the relevant provisions and specific scope of application of diplomatic immunity, and avoid unnecessary misunderstandings and conflicts due to ignorance of the law. When encountering complex issues involving diplomatic immunity, we must maintain a calm and rational attitude and firmly safeguard our legitimate rights and interests through legal and compliant means.
At the same time, we should also treat the legitimate rights and interests of diplomatic personnel with respect and tolerance, and provide them with necessary support and facilitation when they carry out diplomatic tasks in accordance with laws and regulations.
5. Summary
Diplomatic immunity is a special right granted to diplomats under international law, but it is by no means a "passport" for them to do whatever they want and be lawless. Diplomats should cherish this right, strictly abide by laws and regulations, and conscientiously safeguard the country's image and interests. At the same time, host countries should also strengthen management and supervision, ensure the rational use of diplomatic immunity, and unswervingly safeguard social fairness and justice. Only in this way can we truly realize the purpose and purpose of diplomatic immunity, vigorously promote friendly international exchanges and extensive cooperation, and jointly build a harmonious, stable and prosperous world.