Diplomatic Immunity in International Law

First, understanding what immunity is included in the global strategy is essential. An exemption from legal duties, criminal prosecution, or penalty imposed by the law or public authority is known as immunity. Immunity is the ability to avoid the requirements of the law, a trial, or a punishment imposed by the government or the law (International Court of Justice, 1998). The four basic categories of immunity are sovereign immunity, diplomatic immunity, witness immunity, and immunity of public officials from responsibility (International Court of Justice, 1998). The nature of the offense, believability, and involvement in criminal activity are factors that award witnesses immunity from prosecution (International Court of Justice, 1998). Some people and situations are also granted governmental, sovereign, and diplomatic immunity. Due to her position as a representative of a diplomatic mission abroad, Mugabe was granted diplomatic immunity. Because of this, it is against the law in accordance with international law to criticize, penalize, punish, or take other actions against her.

In return for information or evidence in a criminal trial, someone is given witness immunity from prosecution. Officials, such as city officials and police chiefs, are shielded from accountability by shielding them from the consequences of their choices (International Court of Justice, 1998). In discharging their official duties, he also stands up for state and federal politicians and leaders in the United States. Unauthorized legal action against a sovereign state or government agency is shielded by sovereign or governmental immunity.

The hazards of giving such protection are numerous, one possibility is that they may downplay their guilt by blaming others. Several considerations are considered when considering whether or not to give a witness immunity (International Court of Justice, 1998). Due to an immunity agreement, the offense’s seriousness is often only considered when proof of a significant crime is needed, and minor instances cannot be given an exception.

Another critical factor is the witness’s credibility, the prosecution must determine the degree of corroboration and credibility of the witness’s testimony or information. It would not serve the public interest to use the evidence of someone who has significant involvement in criminal conduct to prosecute someone who is merely a tiny participant in the same illegal activity or to protect the criminal from punishment (International Court of Justice, 1998). Most notably, diplomatic workers are guaranteed immunity from foreign law through diplomatic immunity (International Court of Justice, 1998). Mugabe was protected by diplomatic immunity since she served as a representative of the diplomatic mission, making any criticisms or actions against him illegal under international law.

Reference

International Court of Justice. (1998). Difference relating to immunity from legal process of a special rapporteur of the commission on human rights. Web.

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