Diplomatic Immunity

[StCyril]

I was recently watching an episode of Law and Order... and I have to say... that show is getting more and more unrealistic as time goes on. So because of this Episode, I have an opinion scenario for everyone...

A young man "supposedly" leaves the United States, New York to be exact, to do some missionary work in a rather poor country... lets say the country has a communist government that isn't on the best of terms with the United States. While the man is in that country, he starts speaking out against the current regime and even supports a rebel faction to overthrow the government.

This young man is captured and is interrogated by one of the higher-up generals in that country's military. Upon the man's refusal to answer questions, he is put through torture, and eventually executed.

The General who gave the order for his torture and execution a year later comes to New York to speak on diplomatic issues, and recieve medical aid. He has Diplomatic immunity. Yet somehow, a persistant DA finds a way around the Immunity, and has the General arrested for murder.

Given the following facts, should he be found guilty:
He had diplomatic immunity

By definition, what the young man was doing, in this country is considered terrorism

If he is found guilty, whats to stop another country from doing the same to one of our diplomats

[Tomsan]

At 7/10/07 02:26 PM, StCyril wrote:

If he is found guilty, whats to stop another country from doing the same to one of our diplomats

thats your answer, no matter what the horror senarios can be, diplomats should be able to move freely even in enemy terratory otherwise there would be none to go to those areas and agreements are more easily done face to face

[Der-Lowe]

At 7/10/07 02:26 PM, StCyril wrote: If he is found guilty, whats to stop another country from doing the same to one of our diplomats

But the young man wasn't a diplomat, was he? So he wouldn't have diplomatic immunity...

[Korriken]

if you go into another country and break the law, you deserve the punishment you get.

[TheBasics]

Well depends on if the generals country fights for his freedom. As in they complain to the american government to release the general. And yeah the episode seems unrealistic, diplomatic immunity is serious to most countries so not to worsen the relationship between countries by locking up or killing their important figureheads.

[Boltrig]

At 7/10/07 05:35 PM, Korriken wrote: if you go into another country and break the law, you deserve the punishment you get.

Thats iffy territory I reckon. What if youre caught and arrested doing something illegal in a foreign nation, but said activity is legal in your own country?

Granted ignorance is not an excuse, but it does raise a new point...

[Imperator]

At 7/10/07 07:44 PM, Boltrig wrote: Thats iffy territory I reckon. What if youre caught and arrested doing something illegal in a foreign nation, but said activity is legal in your own country?

When in Rome.....

That country has the right to enforce their laws to all within their borders. "Their house, their rules".

[ShardStorm]

At 7/10/07 07:44 PM, Boltrig wrote:

At 7/10/07 05:35 PM, Korriken wrote: if you go into another country and break the law, you deserve the punishment you get.

Thats iffy territory I reckon. What if youre caught and arrested doing something illegal in a foreign nation, but said activity is legal in your own country?

Granted ignorance is not an excuse, but it does raise a new point...

I thought that diplomatic immunity was there to allow for and prevent that kind of incident.
also, I think that someone shouldn't be tried for crimes they committed in another country kind o a "mind your own buisiness" thing.

[Cuppa-LettuceNog]

He legally wouldn't be charged for Murder, as he commited the crime in a different country in which his actions were justified. Instead, he would be brought before the U.N for overstepping his authority.

[SmilezRoyale]

In most cases; most governments would rather Sell out 1 individual then face the consequences that might occur from an enemy country; if they did not comply. That's why diplomatic immunity works, Who's more of a danger, a bee that cant be swatted, or a Hive with the potential to react to the swatting in a far more dangerous manner.

[Elfer]

At 7/10/07 07:50 PM, Imperator wrote:

At 7/10/07 07:44 PM, Boltrig wrote: Thats iffy territory I reckon. What if youre caught and arrested doing something illegal in a foreign nation, but said activity is legal in your own country?

When in Rome.....

...you do not fuck with the Romans.

Remember that kid who went to Singapore, spray painted up some cars, and got caned? Sure, maybe it's a lot harsher than he would have gotten in the US, but if you can't deal with it, don't go to Singapore and commit vandalism.

[SmilezRoyale]

It's true, even if the rules are unfair, it's the same as in households. If one household tells you that upon entering you must take your shoes off; then do so, or simply choose not to enter the country. It's a lesson i think few people understand, as the latter "no one tells me what to do" Seems far more inticing.