Cuartero, Quiaryza Ainhar Performance Task No.

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1. How did diplomatic immunity evolve from the ancient period to the current time?
“Rooted in necessity, immunity was buttressed by religion,
sanctioned by custom, and fortified by reciprocity.” However, traditional diplomacy
leaned more on secrecy rather than openness, unlike today. Traditionally, the
monarchical forces are those in power and people were really not that much
interested in foreign affairs. Also, diplomats were given the freedom to negotiate
as much as they wanted just to acquire their so-called “privileges.” Modern
diplomacy has shifted its focus from royal interest to public’s interest. Therefore,
the diplomats had to rely and are dependent on their foreign office for guidance,
in order to prevent oppression from the public and also practicing fairness by
abiding by the laws despite their positions.

2. Who are granted immunities under the treaties signed in Vienna in the 1960s?
The Vienna Convention on Diplomatic Relations in 1961 granted
immunities to diplomats and consular officers, their families, and staff; but, they
were also restricted.

3. Will having diplomatic immunity mean that diplomatic and consular officials are
above the laws of the host country?
Having diplomatic immunity does not mean that diplomatic and consular
officials are above the laws of the host country, they have the responsibility to
respect their laws. Adding to this, the host country is not permitted to prosecute
diplomats during official business in their state in order to carry out their work
without any hindrance, but they can only apply this immunity if the diplomat does
not pose any risk of reprisals to the receiving state. After all, it is a diplomat’s
obligation to ensure that the relations between their country and other countries
run as smoothly as possible; ensuring each and everyone’s safety.

Case No. 1
4. Why can the State Department issue a “must appear” citation in spite of the
consular officer having immunity?
A consular officer only has immunity for his consular functions, and
in this case, reckless driving is not one of them; it is a non-official act that must
be charged.

5. If found guilty, what are the consequences for the consular officer?
 The consular officer could be given fines or points on his driving
record; also a possible license suspension that should be abided by
notwithstanding the said immunity status.

Case No. 2
6. What will be the consequence if the Embassy will not waive the immunity of the
person who committed the felony?
If the Embassy were to not waive the immunity of the person who
committed a felony, they would have to leave the country; if they return, they
shall be prosecuted on the charges against them.

Case No. 3
7. What offenses were included in the citation for the diplomat?
Offenses included in the citation for the diplomat are reckless
driving, running a red light, and failure to avoid a collision.

8. What were the actions taken by the State Department?

First, they notified the embassy of the incident. Second, even
though the officer did not cite the DUI, the State Department's issuing authority
for the diplomat’s driver’s license, so they suspended it.

9. What actions did the Embassy implement?

The embassy terminated the diplomat’s assignment and recalled
him back to his home country.

References:

britannica. (n.d.). Vienna Convention on Diplomatic Relations.

Encyclopædia Britannica. Retrieved September 16, 2022, from
https://www.britannica.com/topic/Vienna-Convention-on-Diplomatic-Relations

Gov't of Netherlands. (2013, December 12). Diplomatic immunity.

Embassies, consulates and other representations | Government.nl. Retrieved
September 16, 2022, from
https://www.government.nl/topics/embassies-consulates-and-other-representatio
ns/diplomatic-immunity