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Consular Immunity
Consular immunity privileges are described in the Vienna Convention on Consular Relations of 1963 (VCCR).http://legal.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf Consular immunity offers protections similar to diplomatic immunity, but these protections are not as extensive, given the functional differences between Consul (representative), consular and diplomatic officers. For example, consular officers are not accorded absolute immunity from a host country’s criminal jurisdiction, they may be tried for certain local crimes upon action by a local court, and are immune from local jurisdiction only in cases directly relating to consular functions. Consular and diplomatic immunity in the US Procedure Procedurally, official acts immunity is raised as an affirmative defense. See also * Diplomatic immunity * Vienna Convention on Consular Relations References External links U.S. Department of State - Legal Aspects of Diplomatic Immunity and PrivilegesU.S. Diploma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vienna Convention On Consular Relations
The Vienna Convention on Consular Relations is an international treaty that defines a framework for consulate, consular International relations, relations between sovereign states. It codifies many consular practices that originated from Customary international law, state custom and various bilateral agreements between states. Consul (representative), Consuls have traditionally been employed to represent the interests of states or their nationals at an Diplomatic mission, embassy or consulate in another country. The Convention defines and articulates the functions, rights, and Diplomatic immunity, immunities accorded to consular officers and their offices, as well as the rights and duties of "receiving States" (where the consul is based) and "sending States" (the state the consul represents). Adopted in 1963, and in force since 1967, the treaty has been Ratification, ratified by 182 states. History The convention was adopted on 24 April 1963 following the United Nations Conferen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diplomatic Immunity
Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities U.S. Department of State, Office of Foreign Missions. It allows diplomats safe passage and freedom of travel in a host country, and affords almost total protection from local lawsuits and criminal prosecution. Diplomatic immunity is one of the oldest and most widespread practices in international relations; most civilizations since Ancient history, antiquity have granted some degree of special status to foreign envoys and messengers. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consul (representative)
A consul is an official representative of a government who resides in a foreign country to assist and protect citizens of the consul's country, and to promote and facilitate commercial and diplomatic relations between the two countries. A consul is generally part of a government's diplomatic corps or Diplomatic service, foreign service, and thus enjoys certain privileges and protections in the host state, albeit without full diplomatic immunity. Unlike an ambassador, who serves as the single representative of one government to another, a state may appoint several consuls in a foreign nation, typically in major cities; consuls are usually tasked with providing assistance in bureaucratic issues to both citizens of their own country traveling or living abroad and to the citizens of the country in which the consul resides who wish to travel to or trade with the consul's country. Origin and history Antecedent: the classical Greek ''proxenos'' In classical Greece, some of the f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Jurisdiction
Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime. It is relevant in three distinct situations: #to regulate the relationship between states, or between one state and another; #where the nation is a federation, to regulate the relationship between the federal courts and the domestic courts of those states comprising the federation; and #where a state only has, to a greater or lesser extent, a single and unified system of law, it is the law of criminal procedure to regulate what cases each classification of court within the judicial system shall adjudicate upon. People must be tried in the same state the crime is committed. Extraterritorial issues Supranational courts Under the public international law system, de jure states are sovereign within their own territorial boundaries. A few states such as the Netherlands have adopted a monist approac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US Department Of State
The United States Department of State (DOS), or simply the State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other nations, its primary duties are advising the U.S. president on international relations, administering diplomatic missions, negotiating international treaties and agreements, protecting citizens abroad and representing the U.S. at the United Nations. The department is headquartered in the Harry S Truman Building, a few blocks from the White House, in the Foggy Bottom neighborhood of Washington, D.C.; "Foggy Bottom" is thus sometimes used as a metonym. Established in 1789 as the first administrative arm of the U.S. executive branch, the State Department is considered among the most powerful and prestigious executive agencies. It is headed by the U.S. secretary of state, who reports directly to the U.S. president and is a membe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diplomatic Immunity
Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities U.S. Department of State, Office of Foreign Missions. It allows diplomats safe passage and freedom of travel in a host country, and affords almost total protection from local lawsuits and criminal prosecution. Diplomatic immunity is one of the oldest and most widespread practices in international relations; most civilizations since Ancient history, antiquity have granted some degree of special status to foreign envoys and messengers. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
