1. IMMUNITY

2. background
Immunity refers to the notion that certain persons, institutions and persons deserve certain rights within the international system for them to be able to undertake their functions and obligations efficiently.
In short, it is safe to state that immunity refers to the rules and principles that govern diplomatic relations between states and other entities with legal personality within the international system.
Diplomatic characters need to have certain privileges within the international system so as to allow them to drive the national interest of their states and institutions.
Basically there are two broad categories of immunity and these are state immunity and diplomatic immunity. Consular immunity is also gaining prominence in todays international system.

3. Theories governing immunity
There are three basic theories that govern immunity. These are;
Representative character – the thinking is that certain persons within the international system depict an extension of a sending state (Mugabe is a moving Zimbabwe, he basically represents Zimbabwe).
Exterritorialy/ extra territoriality – certain premises and objects within the international system are assimilated to the territory of the sending state eg embassies
Functional theory – certain immunities and privileges are necessary for diplomatic characters to undertake their functions effectively.

4. State/sovereign immunity
Heads of state have the following privileges that accrue to them on the basis of state immunity:
Heads of State cannot be sued and they are totally immune from prosecution by any municipal court while their still in power.
The basis of this thinking is that, all states are equal and no sovereign has got the right to usurp the authority of another sovereign.
Any building or object that is occupied by a foreign head of state is deemed exterritorial. (Mugabe in France – EU ACP Summit and Omar Al Bashir and the ICC
The very person of a head of state is inviolable and if violated may be considered to be a direct attack on the state as a whole.

5. DIPLOMATIC IMMUNITY
Diplomats include persons like ambassadors, ministers, envoys, charge de affaires, International Governmental Organisation Officials, International Non Governmental Officials and Special Missions.
The above mentioned persons accrue the following rights under immunity;
They are immune from local civil and criminal jurisdiction
Their person, premises, archives and documents are inviolable. Their bags and vehicles are also inviolable. (Tsvangirai in Netherlands Embassy in Zimbabwe; Julius Assange saga,; Mumbengegwi in Germany; Iranian hostage of US Embassy staff in 1979; Tibaijuka in Zimbabwe)
Family members of diplomats also have immunity, they do not pay tax and customs duty.
N/B – It must be noted that diplomats are not exempted from observing the law but are rather immune from the jurisdiction of courts, The receiving or sending state can read the diplomat the riot act and declare the diplomat a persona non grata. (Christopher Dell in Zimbabwe)
The receiving state must try by all means to protect objects and premises and diplomatic persons from harm. Failure to do so might result in a claim for responsibility or an apology. (Bombing of Chinese Embassy by NATO in Yugoslavia and subsequent compensation being paid by the USA; the death of US Ambassador Chris Stephens in Libya)

6. Consular immunity
Consuls are largely the administrative arms of diplomatic missions.
Their purpose is to issue visas and engage in transactions etc.
The foreign employees of the consuls have what is known as consular immunity. This means that their immunity is restricted only to official duties and nothing more.
If a consular official commits a crimes after working hours, that person will be arrested and tried.
Khobragade saga – USA vs India in 2013

7. Questions for revision
Discuss the major theories governing immunity?
“Julius Assange, the founder of Wiki Leaks is wanted by the English authorities, but they cannot get to him even though he technically within England.” Why is this so?

8. Tatenda
Siyabonga
I thank you
Sillah kumunhu, pamunuhu