Diplomatic Immunity & Diplomatic Asylum

Diplomatic immunity is a kind of legal immunity and a policy held between governments that ensure that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country’s laws, but they can still be expelled.

• Diplomatic Immunity finds its origin from as international law in the Vienna Convention on Diplomatic Relations (1961), though the concept and custom have a much longer history. Diplomatic immunity as an institution developed to allow for the maintenance of government relations, including during periods of difficulties and even armed conflict.

Diplomatic Asylum

Diplomatic asylum is not established in any international law. It derives its existence from Article 14 of the Universal Declaration of Human Rights, which states: “Everyone has the right to seek and to enjoy in other countries asylum from persecution.”

• The European Convention on Human Rights and the International Covenant on Civil and Political Rights also enshrine this law.
  
• The International Court of Justice has emphasised that in the absence of treaty or customary rules to the contrary, a decision by a mission to grant asylum involves a derogation from the sovereignty of the receiving state.
  
• The Organization of American States agreed a convention in 1954.
  
• In a broad sense, according to the UN, it is protection which is granted by a country outside its own borders, and particularly through its diplomatic missions.
  

Case of Julian Assange

Julian Assange, founder of whistleblowsing website wikileaks, is facing extradition from the UK to Sweden over rape and sexual assault allegations. Recently he had spent a night in the Ecuadorian embassy in London after claiming diplomatic asylum. The Government authorities said that by spending the night at the embassy he has breached his bail conditions and faces arrest, but Ecuadorian authorities said they were “studying and analysing” his request.

As per the customs, local police and security forces are not permitted to enter an embassy unless they have the express permission of the ambassador – even though the embassy remains the territory of the host nation. This rule was set out in 1961 Vienna Convention on Diplomatic Relations when it codified a custom in place for centuries by establishing the “rule of inviolability”. Thus, by being at the embassy, Assange was on diplomatic territory and beyond the reach of police. Assange fears if he is sent to Sweden it may then lead to him being sent to the US to face charges over Wikileaks, for which he could face the death penalty.