A Denial of Justice

By: Ashley Ravid

Edited By: Tess Ballis and Claire Lu

Diplomatic immunity can be a force for good, but it can also be used to subvert justice. A plethora of crimes committed by diplomats—ranging from parking tickets and speeding to sexual assault, pedophilia, and even murder—are swept under the rug by their home countries. Diplomats are almost always unable to be prosecuted thanks to international protections guaranteed by the Vienna Convention on Diplomatic Relations (1961).[1][2] There is often nothing that can be done to bring these subject diplomats to due process of the law unless the home country of a diplomat agrees to revoke diplomatic immunity or the accused surrenders to the jurisdiction of the court. However, in cases where an envoy commits a crime unrelated to their official role, their home nation should revoke diplomatic immunity to maintain democracy and fairness; one’s job should never be a shield against justice.

This abuse of power is sometimes detrimental to international relations. One example of this abuse was when a Malaysian diplomat in New Zealand robbed and assaulted a young woman. After widespread outcry in New Zealand followed the ambassador’s return to his home country, the Malaysian government offered to try him there or waive his diplomatic immunity. He eventually was sentenced and sent to prison in New Zealand, though mild tension between the two governments over his extradition underscored this process.[3][4] Diplomatic immunity can also inflame already-strained relationships between nations, such as when a Russian diplomat and his wife were arrested in the Netherlands for drunk driving and child abuse.[5] The action was partly seen as retaliation to the detainment of Greenpeace activists sailing under a Dutch flag arrested in Russia. Russian authorities alleged that the Netherlands had violated the diplomat’s immunity, further exacerbating the tension between the two nations.[6] 

Diplomats often act as proxy pieces of the nations they represent, and the power differential between nations is an essential piece of the discussion as to when and why diplomatic immunity is sometimes revoked. A case study of vehicular manslaughter incidents involving diplomats either in or from the United States bares the problem of diplomatic immunity essentially begetting government-sanctioned crime. A consulate employee paralyzed a young Russian man in a car accident.[7] A popular Romanian musician was struck and killed by a car.[8] A different driver killed one and injured eight in a crash in Kenya.[9] What do these incidents have in common? All three responsible parties were American envoys who Asclaimed diplomatic immunity and were quickly sheltered from facing charges thanks to protection by the U.S.. The victims of these crimes were left without sufficient restitution, and a lingering resentment against the country they felt denied it to them: the U.S.. Aleksandr Kashin, the young Russian national paralyzed by American Consul General Douglas Kent, described his experience attempting to secure justice for himself: “The United States government treated me not like a human, but like a dog they hit on the street, and they don't have to take care of as anything."[10] The widow of the Kenyan man killed in another crash involving a State Department official faced similar difficulty in receiving restitution for the death of her husband who was the sole provider for the family of six. According to reports, U.S. officials were concerned about the possible impact that the incident would have on relations with Kenya. The official was quickly evacuated from the country out of fear of retaliation, leaving no financial assistance for the victims or their families.[9] In contrast, heavy controversy over diplomatic immunity followed the 1997 death of an American teenager when he was hit by drunk driver Gueorgui Makharadze. Makharadze, an official of the Republic of Georgia, had a history of driving offenses but was released after claiming diplomatic immunity. Georgia—to the praise of U.S. officials—eventually waived this protection, and Makharadze was sentenced to prison in the United States.[11]

The disparity in these cases suggests that those diplomatic officials who come from countries with hegemonic political power need not fear that their diplomatic immunity will be waived. In 2014, the case of an Indian consular official accused of breaking the law in the United States became controversial when the U.S. detained the employee under fraud charges. Officials in India retaliated by removing safety barriers around the U.S. embassy and closing a local club for expats. The issue was only resolved when the U.S. agreed to allow the official to claim diplomatic immunity and return home.[12] Cases like this seem to undermine the principle of diplomatic immunity entirely; why was India different from Georgia? Why in one case was an official returned to U.S. custody, and in the other sent home with an apology? Perhaps it is because India has a population of over 1 billion people; perhaps it is because they are in possession of nuclear warheads. Either way, it seems clear that the system of diplomatic immunity is tied to the preservation of certain international relationships rather than a commitment to justice and the prevention of retaliation. 

Who can afford to anger whom and get away with it? In 2014, a Venezuelan diplomat arrested in Aruba after the United States called for his detainment was released after Venezuela threatened to suspend commercial travel to Aruba, which would decimate the small island’s economy. This incident, however, is not representative of the typical outcome when the United States goes up against other nations in matters of waiving diplomatic immunity to smooth relations; usually it’s the U.S. coming out victorious in these situations.[7][8] It is difficult to ascertain exactly how many diplomats get away with their crimes versus being prosecuted for them. The mere existence of this discrepancy, however, illustrates the necessity of a global reconsideration as to what or who, exactly, diplomatic immunity is protecting. The United States’ position as a world power allows it to protect diplomats without considering the threat of sanctions or strained relations the way that smaller nations must. These abuses of power can harm international relations, but they are also worthy of re-examination simply because they are a perversion of the foundational principles of justice that the Constitution supposedly guarantees. 

An ongoing controversy surrounds diplomatic immunity in the UK and highlights the need for the US to examine its use of the privilege: the death of Harry Dunn, a young British motorcyclist killed by American Anne Sacoolas in a 2019 car accident. Sacoolas, the wife of a CIA operative, admitted to driving on the wrong side of the road.[13] After the accident which killed Dunn, she claimed diplomatic immunity and fled back to the United States, which refused to extradite her to face sentencing in England; this was referred to by the British government as “a denial of justice.”[14] Complications in the case arose when Sacoolas herself was revealed to be employed by an American intelligence agency, which complicated (and possibly nullified) the legality of her claiming spousal diplomatic immunity in the first place; this revelation has not changed the United States’ steadfast refusal to extradite Sacoolas.[15] The case generated immediate buzz and eventually led to the reworking of diplomatic immunity laws between the U.S. and England in order to exclude protection for diplomats’ families, though both Dunn’s family and supporters continue to fight to bring justice for Harry.[16] Most recently, the Dunns have begun civil proceedings against Sacoolas in her home state of Virginia; the fact that they have had to literally cross an ocean in order to seek restitution against their son’s killer, however, points to the essential problem with diplomatic immunity.[17] 

This is not to say that diplomatic immunity as a whole should be revoked for all envoys; it was established in order to protect individuals who would otherwise be the target of many forces involved in the push-and-pull of international politics. Trying to rework the legislation that grants these protections in the first place would likely lead to innumerable complications and unfortunate precedents; this means that the best solution to the abuse of diplomatic immunity is for envoys’ home countries to waive this protection and allow them to face justice. The practice of nations regularly waiving diplomatic immunity for crimes unrelated to their envoys’ direct duties (as in the aforementioned case of the Malaysian diplomat in New Zealand) must become both normalized and regular, regardless of where the crime was committed and who the victim was. If such a thing were considered standard procedure and countries regularly extradited their own diplomats for such crimes, perhaps diplomatic immunity could be unlinked from both controversy and international hegemony.

 It isn’t enough for the United States to simply close the loophole of spousal diplomatic immunity that led to Sacoolas being able to flee her crime in the first place.[18] A guidance brief on diplomatic immunity provided by the State Department itself states the point perfectly: “Diplomatic immunity is not intended to serve as a license for persons to flout the law and purposely avoid liability for their actions. The purpose of these privileges and immunities is not to benefit individuals but to ensure the efficient and effective performance of their official missions on behalf of their governments.”[19] If the United States wishes to maintain its position as a nation that stands for justice for all, Anne Sacoolas should be extradited to the United Kingdom to be prosecuted for the death of Harry Dunn. Her being married to an intelligence agent, or even working as an informant herself, has no relation to the fact that she hit and killed a 19-year-old with her car. Harry Dunn, like many other victims of diplomatic envoys, deserves justice. 

Dunn, like many others, is a victim of a system which is set up with the best of intentions and which cannot be easily dismantled without inviting further complication. The need for the diplomatic immunity system has not abated, yet the plethora of controversies and crimes it has caused raises the need for greater accountability by diplomats’ home countries. Because diplomatic immunity as a whole must be preserved, the international community must call on lawbreaking diplomats’ home countries—regardless of how powerful they are—to subject these individuals to due process for their crimes. 

Notes:

1. “Diplomatic Immunity.” Encyclopædia Britannica. Encyclopædia Britannica, inc. Accessed March 9, 2021. https://www.britannica.com/topic/diplomatic-immunity. 

2. “Sudan Diplomat in New York and Other Cases of Diplomatic Immunity.” BBC News. BBC, January 11, 2017. https://www.bbc.com/news/magazine-38576257. 

3. “Malaysian Official on Sex Charge Uses Diplomatic Immunity to Leave NZ.” The Guardian. Guardian News and Media, July 1, 2014. https://www.theguardian.com/world/2014/jul/01/malaysian-official-sexual-assault-charge-diplomatic-immunity-leave-new-zealand. 

4. “Malaysian Envoy Gets Nine Months Detention for Indecent Assault.” The Telegraph. Telegraph Media Group, February 4, 2016. https://www.telegraph.co.uk/news/worldnews/asia/malaysia/12139460/Malaysian-envoy-gets-nine-months-detention-for-indecent-assault.html. 

5. “‘Borodin Was Gevaar Voor Kinderen.’” NOS. Accessed March 9, 2021. https://nos.nl/artikel/560093-borodin-was-gevaar-voor-kinderen.html. 

6. “Dutch Take Legal Action over Greenpeace Ship in Russia.” BBC News. BBC, October 4, 2013. https://www.bbc.com/news/world-europe-24395769. 

7. Juan Forero and Dan Molinski. “Netherlands Says Venezuelan Detained in Aruba Has Immunity.” The Wall Street Journal. Dow Jones & Company, July 28, 2014. https://www.wsj.com/articles/netherlands-rules-venezuelan-detained-in-aruba-has-diplomatic-immunity-1406505987. 

8. José de Córdoba. “U.S. Plans Sanctions on Some Venezuelan Officials.” The Wall Street Journal. Dow Jones & Company, July 30, 2014. https://www.wsj.com/articles/u-s-plans-sanctions-on-some-venezuelan-officials-1406697081. 

9. Glenda Cooper. “Ex-Diplomat Sought for Lawsuit.” The Washington Post. WP Company, August 10, 2001. https://www.washingtonpost.com/archive/politics/2001/08/10/ex-diplomat-sought-for-lawsuit/116d1ba2-3560-4cd0-8382-2f1e7be0ebf7/. 

10. Katie Paul, Pamela Denise Long, and Monica Osborne. “A Thorn in Bush's Side.” Newsweek, March 13, 2010. https://www.newsweek.com/thorn-bushs-side-85793. 

11. Jason Straziuso. “U.S. Diplomat Kills Man in Car Crash, Leaves Kenya.” USA Today. Gannett Satellite Information Network, August 2, 2013. https://www.usatoday.com/story/news/world/2013/08/02/diplomat-kenya-car-crash/2612229/. 

12. Tom Jackman. “Russian Hurt In Crash Sues U.S. Diplomat.” The Washington Post. WP Company, September 15, 2002. https://www.washingtonpost.com/archive/local/2002/09/15/russian-hurt-in-crash-sues-us-diplomat/c845de31-cf4d-49ca-b048-5c9152505519/. 

13. “Ex-Diplomat Gets 7 Years for Death of Teen in Crash.” Los Angeles Times. Los Angeles Times, December 20, 1997. https://www.latimes.com/archives/la-xpm-1997-dec-20-mn-531-story.html. 

14. Jason Burke and Dan Roberts. “Indian Diplomat Devyani Khobragade Leaves U.S. under Immunity.” The Guardian. Guardian News and Media, January 10, 2014. https://www.theguardian.com/world/2014/jan/10/devyani-khobragade-to-leave-us-under-diplomatic-immunity. 

15. “Harry Dunn Death: Anne Sacoolas Lawyers Say She 'Drove on Wrong Side of Road'.” BBC News. BBC, September 10, 2020. https://www.bbc.com/news/uk-england-northamptonshire-54112841. 

16. “Harry Dunn Crash: Suspect Anne Sacoolas 'Wanted Internationally'.” BBC News. BBC, May 11, 2020. https://www.bbc.com/news/uk-england-northamptonshire-52619998. 

17. Jonny Hallam. “Case against American Woman Accused of Killing a UK Teenager Can Go Ahead in the US, Judge Rules.” CNN. Cable News Network, February 17, 2021. https://www.cnn.com/2021/02/17/us/harry-dunn-anne-sacoolas-damages-intl/index.html#:~:text=Case%20against%20American%20woman%20accused,in%20the%20US%2C%20judge%20rules&text=Harry%20Dunn%20was%20killed%20in,Sacoolas%20in%20England%20in%202019. 

18. Jen Kirby. “The Death of a British Teen Has Put a Strain on the US-UK Relationship.” Vox. Vox, October 16, 2019. https://www.vox.com/2019/10/16/20917164/harry-dunn-white-house-trump. 

19. Bill Chappell. “U.S. Court Sides With Family Of Man Killed In Crash Involving Diplomat's Wife.” NPR. NPR, February 16, 2021. https://www.npr.org/2021/02/16/968433574/u-s-court-sides-with-harry-dunns-family-keeps-wrongful-death-lawsuit-in-virginia. 

20. Patrick Wintour. “Harry Dunn Death: Family Begins Court Case against Foreign Office.” The Guardian. Guardian News and Media, November 11, 2020. https://www.theguardian.com/politics/2020/nov/11/harry-dunn-death-anne-sacoolas-family-begins-court-case-against-foreign-office. 

21. “Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities.” UNITED STATES DEPARTMENT OF STATE OFFICE OF FOREIGN MISSIONS, 2018. https://www.state.gov/wp-content/uploads/2019/07/2018-DipConImm_v5_Web.pdf. 

Bibliography:

Burke, Jason, and Dan Roberts. “Indian Diplomat Devyani Khobragade Leaves U.S. under Immunity.” The Guardian. Guardian News and Media, January 10, 2014. https://www.theguardian.com/world/2014/jan/10/devyani-khobragade-to-leave-us-under-diplomatic-immunity. 

Chappell, Bill. “U.S. Court Sides With Family Of Man Killed In Crash Involving Diplomat's Wife.” NPR. NPR, February 16, 2021. https://www.npr.org/2021/02/16/968433574/u-s-court-sides-with-harry-dunns-family-keeps-wrongful-death-lawsuit-in-virginia.

Cooper, Glenda. “Ex-Diplomat Sought for Lawsuit.” The Washington Post. WP Company, August 10, 2001. https://www.washingtonpost.com/archive/politics/2001/08/10/ex-diplomat-sought-for-lawsuit/116d1ba2-3560-4cd0-8382-2f1e7be0ebf7/.

de Córdoba, José. “U.S. Plans Sanctions on Some Venezuelan Officials.” The Wall Street Journal. Dow Jones & Company, July 30, 2014. https://www.wsj.com/articles/u-s-plans-sanctions-on-some-venezuelan-officials-1406697081.

“Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities.” UNITED STATES DEPARTMENT OF STATE OFFICE OF FOREIGN MISSIONS, 2018. https://www.state.gov/wp-content/uploads/2019/07/2018-DipConImm_v5_Web.pdf.

“Diplomatic Immunity.” Encyclopædia Britannica. Encyclopædia Britannica, inc. Accessed March 9, 2021. https://www.britannica.com/topic/diplomatic-immunity.

“Dutch Take Legal Action over Greenpeace Ship in Russia.” BBC News. BBC, October 4, 2013. https://www.bbc.com/news/world-europe-24395769.

“Ex-Diplomat Gets 7 Years for Death of Teen in Crash.” Los Angeles Times. Los Angeles Times, December 20, 1997. https://www.latimes.com/archives/la-xpm-1997-dec-20-mn-531-story.html.

Forero, Juan, and Dan Molinski. “Netherlands Says Venezuelan Detained in Aruba Has Immunity.” The Wall Street Journal. Dow Jones & Company, July 28, 2014. https://www.wsj.com/articles/netherlands-rules-venezuelan-detained-in-aruba-has-diplomatic-immunity-1406505987.

Hallam, Jonny. “Case against American Woman Accused of Killing a UK Teenager Can Go Ahead in the US, Judge Rules.” CNN. Cable News Network, February 17, 2021. https://www.cnn.com/2021/02/17/us/harry-dunn-anne-sacoolas-damages-intl/index.html#:~:text=Case%20against%20American%20woman%20accused,in%20the%20US%2C%20judge%20rules&text=Harry%20Dunn%20was%20killed%20in,Sacoolas%20in%20England%20in%202019.

“Harry Dunn Crash: Suspect Anne Sacoolas 'Wanted Internationally'.” BBC News. BBC, May 11, 2020. https://www.bbc.com/news/uk-england-northamptonshire-52619998.

“Harry Dunn Death: Anne Sacoolas Lawyers Say She 'Drove on Wrong Side of Road'.” BBC News. BBC, September 10, 2020. https://www.bbc.com/news/uk-england-northamptonshire-54112841.

Jackman, Tom. “Russian Hurt In Crash Sues U.S. Diplomat.” The Washington Post. WP Company, September 15, 2002. https://www.washingtonpost.com/archive/local/2002/09/15/russian-hurt-in-crash-sues-us-diplomat/c845de31-cf4d-49ca-b048-5c9152505519/.

Kirby, Jen. “The Death of a British Teen Has Put a Strain on the US-UK Relationship.” Vox. Vox, October 16, 2019. https://www.vox.com/2019/10/16/20917164/harry-dunn-white-house-trump.

“Malaysian Envoy Gets Nine Months Detention for Indecent Assault.” The Telegraph. Telegraph Media Group, February 4, 2016. https://www.telegraph.co.uk/news/worldnews/asia/malaysia/12139460/Malaysian-envoy-gets-nine-months-detention-for-indecent-assault.html.

“Malaysian Official on Sex Charge Uses Diplomatic Immunity to Leave NZ.” The Guardian. Guardian News and Media, July 1, 2014. https://www.theguardian.com/world/2014/jul/01/malaysian-official-sexual-assault-charge-diplomatic-immunity-leave-new-zealand.

Paul, Katie, Pamela Denise Long, and Monica Osborne. “A Thorn in Bush's Side.” Newsweek, March 13, 2010. https://www.newsweek.com/thorn-bushs-side-85793.

Straziuso, Jason. “U.S. Diplomat Kills Man in Car Crash, Leaves Kenya.” USA Today. Gannett Satellite Information Network, August 2, 2013. https://www.usatoday.com/story/news/world/2013/08/02/diplomat-kenya-car-crash/2612229/.

“Sudan Diplomat in New York and Other Cases of Diplomatic Immunity.” BBC News. BBC, January 11, 2017. https://www.bbc.com/news/magazine-38576257.

Wintour, Patrick. “Harry Dunn Death: Family Begins Court Case against Foreign Office.” The Guardian. Guardian News and Media, November 11, 2020. https://www.theguardian.com/politics/2020/nov/11/harry-dunn-death-anne-sacoolas-family-begins-court-case-against-foreign-office.

“‘Borodin Was Gevaar Voor Kinderen.’” NOS. Accessed March 9, 2021. https://nos.nl/artikel/560093-borodin-was-gevaar-voor-kinderen.html.