To think diplomatic immunity should not allow you to escape a judicial process

[Northernlurker]

Was anybody else listening to PM and heard the interview with Charlotte Charles?

Her son Harry was killed in a RTA. An American was driving a car involved but has gone back to the US citing immunity. The family are broken and desperate for the judicial process to be followed. Apparently the US never waives immunity......

Diplomatic immunity can, and damned well should, be waived if the action was not a necessary part of diplomatic duties.

They can’t do that. If they did, imagine how many diplomats would face trumped up charges in hostile or dodgy countries, for things they didn’t actually do? They have to have immunity or the system - which has saved millions of lives - would break down.

The US - under every POTUS, not just Trump - makes no exceptions, however despicable the crime, even in a country with a "Special Relationship"

I remember many years ago, a US diplomat's husband returning to the US after allegations he sexually abused the small child of a British friend for whom he was babysitting.

They can’t do that. If they did, imagine how many diplomats would face trumped up charges in hostile or dodgy countries, for things they didn’t actually do?
They could do though, as a PP said, we do. The US chooses not too. This isn't a trumped up charge from a hostile country.

The principle of diplomatic immunity is vital, for diplomats to be able to do their jobs in hostile dictatorships with a corrupt police and judicial system

The practice is that most Western countries would waive diplomatic immunity in another Western country,
if the alleged crime would also be a crime in the home country

(So e.g. they wouldn't waive immunity if it their host country had a lower age of consent)

lower higher age of consent

For some crimes, the US punishes their people severely once they are back in the US
e.g. in several cases where US Marines gang-raped small girls in Japan, the Marines received long sentences in their tough military prisons

However, it seems diplomats and their spouses are rarely prosecuted

Can Prince Andrew claim diplomatic immunity for when he was allegedly shagging under age girls with Epstein? If he was trade envoy or some such garbage for the British Gov?

"They can’t do that. If they did, imagine how many diplomats would face trumped up charges in hostile or dodgy countries, for things they didn’t actually do?"

If they think the allegation is trumped up, then withdrawing the person would be correct. I did not think that applied to the case the thread is about.

And yes, immunity can be withdrawn and the person face the normal judicial procedure. Obviously more likely to happen in cases where the sending country is happy with the judicial standards in the receiving country. And there would probably be an agreement that any sentence would be served in the home country (any foreign prisoner can be transferred as a matter of routine, agreement couid be made for it to happen immediately for diplomats and their families. I have some sympathy with the view that they do not want them banged up abroad but that's not the same as not being tried in the country where the offence took place).

That of course assumes that the action would be criminal in both the sending and receiving country. Quick google suggests that death by dangerous driving is an offence which potentially carries a substantial custodial sentence in both USA and UK

We were told that if we broke the laws of the country we live in, when we had diplomatic status, we would be expected to step up and face the consequences.

They could do though, as a PP said, we do. The US chooses not too. This isn't a trumped up charge from a hostile country

Making that distinction case-by-case would have political consequences at home. I am not saying it’s right, but the US is powerful enough to have a blanket policy. We knew that when we accepted their diplomats.

It's absolutely disgusting and I hope she's bought to justice.

And now it seems her son was in the car, what a poor example she is being to her son.

I guess she is terrified of being separated from her children. Which is ironic considering that Harry's family are living with a permanent loss.

I grew up in a diplomatic status family. The only two things I remember that we did which seem a bit rude now were parking literally outside the theater in the west end, on yellow lines, whenever we went out to see anything, and not having to queue at the airport, diplomatic channel is like ultra first class or was in the 80s anyway.

The US can and should have waved DI.

It's very clear the US will not assist. That poor family are going to be left broken by this.

Trump was so dismissive at his press conference.

Yes apparently we've all done it