Tuesday, 4 October 2016

Diplomatic Immunity !

In modern parlance the word "Diplomat " has become synonymous with "Spy " !  It is conceded that scattered  throughout the members of a diplomatic mission are people who represent the security services and who are working undercover to gain information.  By International arrangement, all diplomats are protected from harassment by the host country by what is called "Diplomatic Immunity ".

The land on which the embassy is located is deemed to be the sovereign soil of the country over which its flag flies.   It can not be entered or searched by agents of the host country, nor can any person who takes refuge there be arrested.   Usually, this protection is extended to cars used by the diplomatic mission and the protected person is immune to the laws and by-laws which apply to ordinary citizens.

One unintended consequence is that most diplomatic missions use this diplomatic cover to refuse to pay for parking fines and to escape punishment for infringements like driving under the influence of alcohol.  As a consequence, most world cities that host diplomatic missions have a huge backlog of unpaid fines and often this includes damage to public property.

Anger and resentment arises when diplomatic vehicles kill or injure citizens of the host country.  An innocent local driver who is uninsured has no hope of recovering restitution from an at fault diplomatic vehicle involved in a crash.  Worse - if that local driver suffers long term injuries and permanent incapacity no compensation may be forthcoming.

The only redress available to the host country is to declare the guilty diplomat "persona non gratia " and require them to remove themselves from that country.   Usually this draws a stiff protest from the affected country and may sour relations, but rarely does it deliver any payment for the injured.

In recent times many countries that regard themselves as "civilized " have demanded that their diplomats obey local laws very strictly.  Unfortunately, they are in the minority.  Abuse of the "Diplomatic Immunity " protection is still rampant and the only real redress would be a change of the International agreement to exclude motor vehicles from that cover - and that is unlikely.

The International  community is hoping that the arrival of self driving cars will eliminate this problem.  The lack of a driver will solve the inebriation issue and self driving cars simply deposit their passengers and return to their base.  That eliminates the parking problem.

A new development in the interim is causing concern.   The car industry has managed to link navigation systems to "read " the posted speed limits that apply and these are now being used to govern the cars speed.   If the car is matching the posted speed limit and the driver accelerates the accelerator is inactive.   It is thought this may moderate the speed problem with embassy cars.

Many experts condemn the idea as downright dangerous.   There are times when an illegal use of speed may save the car occupants from death.    This is an idea that is theoretically brilliant, but deadly in a practical sense - and should be abandoned.

Far better to amend Diplomatic Immunity to preclude the waiver of civil fines !

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