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A scandal has erupted over whether the wife of a member of US diplomatic staff should have been granted diplomatic immunity after the car she was allegedly driving was involved in a fatal crash.
Ross, Mitchell S. 'Rethinking Diplomatic Immunity: A Review of Remedial Approaches to Address the Abuses of Diplomatic Privileges and Immunities.' American University International Law Review 4, no. The Diplomatic Relations Act, contains provisions to: 1) repeal the old immunity provisions, 22 U.S.C. ยงยง 252-54; 2) extend Vienna Convention privileges and immunities to diplomatic personnel from countries which have not ratified the Convention; 3) allow the President to grant. On Diplomatic Immunity, N.Y.' S Diplomats crew establish an aesthetic that is perhaps the most original in all N.Y.C. Led by Cat-in-the-Hat rapper Cam'ron, the crew delivers short bursts of nonsensical rhymes over gaudy, lo-fi beats.The end result is the sonic equivalent of costume jewelry, but damn if it don't sound good blaring from your whip!
Harry Dunn, 19, was killed in an accident near RAF Croughton, an American spy base, in Northamptonshire on 27 August, leaving his family 'utterly broken'.
Sky News takes a look at diplomatic immunity and what it means for the case.
What is diplomatic immunity?
Diplomatic immunity is a form of legal protection awarded to diplomats to allow them to avoid the force of the law in their host countries.
What governs who can or cannot be granted diplomatic immunity?
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Diplomatic immunity in the UK is governed by an international treaty signed in 1960 called the Vienna Convention on Diplomatic Relations (VCDR) and a 1964 UK parliament act called the Diplomatic Privileges Act.
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What does it mean in practice?
If a member of an embassy or other mission staff has diplomatic immunity, they can avoid a police investigation or prosecution if they commit a crime, or can avoid the need to defend themselves in a civil suit.
In order for them to face justice in their host country, the country that employs them would have to waive immunity.
Does that mean they can do what they want, with impunity?
No. The VCDR obliges members of a diplomatic mission to respect the laws of their host countries. The ongoing viability of the treaty and relations between countries are determined by how much respect is afforded. There have been instances when this has been abused - for example when PC Yvonne Fletcher was shot dead from the window of the Libyan embassy in London in 1984 - which have severely affected diplomatic relations.
Can immunity apply to anyone other than diplomats?
It can apply to the husbands or wives of diplomats and other family members.
Who decides who has diplomatic immunity?
The decision on who has and who does not have immunity rests with the country which posted a diplomat in the first place. It is not up to the individual diplomat to claim it.
Is there anything that can be done if a diplomat with immunity has committed a crime?
While they cannot be tried, they can be expelled.
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Do all diplomats who commit a crime automatically receive diplomatic immunity?
No. The CPS is clear that 'immunity is dependent on rank and ranges from immunity from criminal and civil and administrative jurisdiction to immunity for official acts only'.
However, the interpretation of how immune anyone might be is less clear.
In practice, what does it depend on?
In reality, the likelihood that a state will assert immunity for one of its diplomats, or their family members, will depend on a number of factors.
The first is how senior the diplomat is, and this can also depend on how sensitive their role is - for example, if they work in intelligence.
Ben Emmerson, a London-based diplomatic immunity lawyer, says in the first instance it depends on how close a diplomat's job description is to the role of ambassador.
He told Sky News: 'The general rule is immunity kicks in the closer you get to the functions of state - so if you are dealing with someone operating at a very high level of a particular state's activities abroad, in their mission, or perhaps in an intelligence capacity then, generally speaking, the scope of the diplomatic immunity is absolute and there is no question of challenging it.
'So, the ambassador, for example, would generally be immune from all forms of civil and criminal process, irrespective of the circumstances, but those responsible for hiring the domestic staff who clean the bins will not necessarily have the same level of protection. When dealing with spousal protection, that is at one step removed.'
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'The practice is not always consistent and is highly influenced by the circumstances and the sensitivity of the role.'
Anything else?
Much can depend on the state of relations between host country and the country claiming immunity.
The CPS says enhanced immunity may be afforded to consular staff with whom the UK has a consular agreement - eg most EU countries, but also China, Japan and the US.
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But it may also apply to other countries.
Mr Emmerson says: 'It's not unusual for states to take a positive approach to waiver if an incident is occurring in a foreign state on which they are on friendly relations and where they have trust in the courts system, to give an independent and impartial verdict.'
Have there been diplomats who have committed serious crimes and have avoided going through the judicial process?
Yes.
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Boris Johnson, when he was foreign secretary, admitted to parliament in 2016 that diplomats had used their immunity to avoid prosecution for offences such as child pornography and human trafficking.
Mr Emmerson says when crimes are serious, much depends on the attitude of the country which has the option of claiming or waiving the diplomat's immunity, but also on how a country's courts interpret the treaties governing it.
'The (UK) courts have upheld diplomatic or the equivalent immunities even for acts as great as torture.'
But, he added: 'One can imagine the situation where a British diplomat is arrested for a charge of murder or rape. It's unlikely that the British government would assume that the diplomatic immunity was not to be waived. It would be very much an open question.'
If diplomatic immunity has been claimed, is there anything that can be done to overturn it?
No.
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Mr Emmerson says: 'The question of when diplomatic immunity arises, is a question of degree and there are some borderline cases where it can be controversial.
'If it's properly claimed, there is no power in any court in this country or anywhere in the world that can go behind a claim for diplomatic immunity and ask whether it was legitimate, proportionate or fair. The whole inquiry is prohibited from the outset.'