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Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country. It allows diplomats safe passage and freedom of travel in a host country and affords almost total protection from local lawsuits and prosecution. Diplomatic immunity is one of the oldest and most widespread practices in international relations; most civilizations since antiquity have granted some degree of special status to foreign envoys and messengers. It is designed to facilitate relations between states by allowing their respective representatives to conduct their duties freely and safely, even during periods of political tension and armed conflict. Moreover, such protections are generally understood to be reciprocal and therefore mutually beneficial. As a longstanding and nearly universal concept, diplomatic immunity has long been considered customary law; however, it was traditionally granted on a bilateral, ad hoc basis, leading to varying and sometimes conflicting standards of protection. Modern practices of diplomatic immunity have largely conformed to the 1961 Vienna Convention on Diplomatic Relations, which formally codified the legal and political status of diplomats, and has been ratified by the vast majority of sovereign states. Contrary to popular belief, diplomats are not entirely immune from the jurisdiction of their host country. Like most foreign persons, they may still be declared persona non grata and expelled. A foreign official's home country may waive immunity, typically in the event that they are involved in some manner in a serious crime unrelated to their diplomatic role (as opposed to, for example, allegations of spying). However, many countries refuse to waive immunity as a matter of course, and diplomats have no authority to waive their own immunity (except perhaps in cases of defection). Alternatively, the home country may prosecute the individual on its own accord or through the insistence of the host country. History Prior to modern period The concept of diplomatic immunity can be found in ancient Indian epics like Ramayana and Mahabharata, where messengers and diplomats were given immunity from capital punishment. In Ramayana, when the demon king Ravana ordered the killing of Hanuman, Ravana's younger brother Vibhishana pointed out that messengers or diplomats should not be killed, as per ancient practices. During the evolution of international justice, many wars were considered rebellions or unlawful by one or more combatant sides. In such cases, the servants of the "criminal" sovereign were often considered accomplices and their persons violated. In other circumstances, harbingers of inconsiderable demands were killed as a declaration of war. Herodotus records that when heralds of the Persian king Xerxes demanded "earth and water" (i.e., symbols of submission) of Greek cities, the Athenians threw them into a pit and the Spartans threw them down a well for the purpose of suggesting they would find both earth and water at the bottom, these often being mentioned by the messenger as a threat of siege. However, even for Herodotus, this maltreatment of envoys is a crime. He recounts a story of divine vengeance befalling Sparta for this deed. A Roman envoy was urinated on as he was leaving the city of Tarentum. The oath of the envoy, "This stain will be washed away with blood!", was fulfilled during the Pyrrhic War. Gregory of Tours recorded that Frankish envoys sent from King Childebert II to the Byzantine emperor Maurice were killed in Carthage by the prefect of the city, after one of the Franks had murdered a merchant. After Emperor Maurice heard about this, he ordered for several Carthaginians to be arrested and sent to Childebert for judgment on account of what happened to his envoys. The arrest and ill-treatment of the envoy of Raja Raja Chola by the king of Kulasekhara dynasty (Second Cheras), which is now part of modern India, led to the naval Kandalur War in AD 994. The Islamic prophet Muhammad sent and received envoys and strictly forbade harming them. This practice was continued by the Rashidun caliphs who exchanged diplomats with the Ethiopians and the Byzantines. This diplomatic exchange continued during the Arab–Byzantine wars. Classical Sharia called for hospitality to be shown towards anyone who has been granted amān (or right of safe passage). Amān was readily granted to any emissary bearing a letter or another sealed document. The duration of the amān was typically a year. Envoys with this right of passage were given immunity of person and property. They were exempt from taxation, as long as they did not engage in trade. As diplomats by definition enter the country under safe conduct, violating them is normally viewed as a great breach of honor. Genghis Khan and the Mongols were well known for insisting on the rights of diplomats, and would often take terrifying vengeance against any state that violated these rights; at times razing entire cities in retaliation for the execution of their ambassadors. The Mongols invaded and destroyed the Khwarezmid Empire after their ambassadors were mistreated. 16th–19th century The British Parliament first guaranteed diplomatic immunity to foreign ambassadors under the Diplomatic Privileges Act in 1709, after Count Andrey Matveyev, a Russian resident in London, was subjected to verbal and physical abuse by British bailiffs. Modern diplomatic immunity evolved parallel to the development of modern diplomacy. In the 17th century, European diplomats realized that protection from prosecution was essential to doing their jobs, and a set of rules evolved guaranteeing the rights of diplomats. These were still confined to Western Europe and were closely tied to the prerogatives of nobility. Thus, an emissary to the Ottoman Empire could expect to be arrested and imprisoned upon the outbreak of hostilities between his state and the empire. The French Revolution also disrupted this system, as the revolutionary state and Napoleon imprisoned numerous diplomats who were accused of working against France. More recently, the Iran hostage crisis is universally considered a violation of diplomatic immunity. Although the hostage takers did not officially represent the state, host countries are obligated to protect diplomatic property and personnel. On the other hand, during World War II, diplomatic immunity was upheld and the embassies of the belligerents were evacuated through neutral countries. For the upper class of the 17th, 18th, and 19th centuries, diplomatic immunity was an easy concept to understand. The first embassies were not permanent establishments but actual visits by high-ranking representatives, often close relatives of the sovereign, or by the sovereign in person. As permanent representations evolved, usually on a treaty basis between two powers, they were frequently staffed by relatives of the.... Discover the Ray Fisman Edward Miguel popular books. Find the top 100 most popular Ray Fisman Edward Miguel books.

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