With reference to Diplomatic Immunity, consider the following statemen...
Statement 1 is correct: Diplomatic Immunity is a privilege of exemption from certain laws and taxes granted to diplomats by the country in which they are posted. According to the Vienna Convention on Diplomatic Relations, 1961, the immunity enjoyed by a diplomat posted in the embassy is “inviolable”. The diplomat cannot be arrested or detained and his house will have the same inviolability and protection as the embassy.
Statement 2 is not correct: Immunity is not the same for all diplomats and their families.
The Vienna Convention classifies diplomats according to their posting in the embassy, consular or international organisations such as the UN.
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With reference to Diplomatic Immunity, consider the following statemen...
Overview:
Diplomatic immunity is a legal principle that grants certain privileges and immunities to diplomats posted in foreign countries. It is intended to ensure the smooth functioning of diplomatic relations and protect diplomats from interference or harassment by the host country. In this context, we will analyze the given statements and determine their accuracy.
Statement 1 - The immunity enjoyed by a diplomat posted in the embassy is inviolable:
The first statement suggests that the immunity enjoyed by a diplomat posted in an embassy is inviolable. In general, diplomats are granted immunity from the jurisdiction of the host country's laws. This means that they cannot be prosecuted or sued in the host country's courts for their official acts. However, it is important to note that diplomatic immunity is not absolute and has certain exceptions. For example:
- Diplomats can be subject to the laws of their home country.
- Diplomats can be expelled by the host country in certain circumstances.
- Diplomatic immunity does not protect diplomats from criminal acts outside their official functions.
Therefore, while diplomats enjoy a high level of immunity, it is not completely inviolable. Hence, statement 1 is incorrect.
Statement 2 - It is the same for all diplomats and their families:
The second statement asserts that diplomatic immunity is the same for all diplomats and their families. Diplomatic immunity is indeed granted to both diplomats and their families. Family members of diplomats, such as spouses and children, usually enjoy similar privileges and immunities as the diplomats themselves. This ensures that the families are also protected from any potential interference or harassment by the host country. Therefore, statement 2 is correct.
Conclusion:
In conclusion, statement 1 is incorrect as diplomatic immunity is not inviolable, while statement 2 is correct as it correctly states that diplomatic immunity applies to both diplomats and their families. Therefore, the correct answer is option 'A' - 1 only.
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