Draft: Diplomat Protection Act[Archived]

Forensatha

Forensatha

TNPer
Diplomat Protection Act

Category: Furtherment of Democracy
Strength: Significant

REALIZING that that nations can use a variety of methods to restrict a diplomat's ability to do their job

RECOGNIZING that diplomats are a necessary part of interaction between nations and the spread of cultural understanding

RECOGNIZING that diplomatic immunity must be agreed upon by the nation the diplomat represents and the nation the diplomat serves in

DEFINES a diplomat, for the purposes of this resolution, as any member of diplomatic, consular, and other staff serving in an embassy, consulate, consulate-general, legation, high commission, deputy high commission, or other diplomatic mission. This excludes hired personnel with local citizenship

MANDATES that all diplomats sent to the World Assembly shall be automatically granted diplomatic immunity

MANDATES that nations in which diplomats are serving must provide the diplomat with the best medical care on hand in cases of emergency

MANDATES that all diplomats to other nations shall be free from physical harm, execution, sexual assault, enslavement, or use for medical experiments not necessary for medical treatment of the diplomat by the nation in which they are serving

MANDATES that any diplomat granted diplomatic immunity be free from prosecution for crimes, search and/or seizure of personal belongings and belongings of family members and personal staff, search and/or seizure of family members and personal staff, seizure of pets, and search and/or seizure of private quarters outside any extraterritorial property by the nation in which the diplomat is serving
a) A diplomat may still be tried for crimes by the nation they serve
b) If suspected of a crime, the nation the diplomat is serving in may present the evidence to the nation the diplomat is from
c) If diplomatic immunity is revoked, the diplomat remains immune to prosecution for suspected crimes that occurred during the immunity by the nation in which they are serving
d) A diplomat may be detained for nonmedical reasons for 24 hours in cases where they serve a direct threat to the wellbeing of others, such as driving while intoxicated or other similarly dangerous activities, or longer, with the agreement of the nation they serve
e) A diplomat may be expelled from the nation in which they are serving for any reason

MANDATES that property agreed upon as extraterritorial or as diplomatic pouches or bags be immune to search, seizure, customs, taxes, vandalism or arson by military or government officials of the nation in which the diplomat is serving, or military assaults by the nation in which the diplomat is serving

PROHIBITS nations from sending diplomats with the express intent of committing crimes of espionage, sabotage, subversion, causing harm to the civilian population, and other related crimes committed outside of a diplomats duties

Co-authored by Cobdenia
Click to expand...
 
Some Questions:

What does "This excludes locally engaged members of staff" mean?

Some suggested revisions:

Diplomat Protection Act

Category: Furtherment of Democracy
Strength: Significant

REALISZING that that nations can use a variety of methods to restrict a diplomat's ability to do their job

ACCEPTINGRECOGNIZING that diplomats are a necessary part of interaction between nations and the spread of cultural understanding

ACCEPTINGRECOGNIZING that diplomatic immunity must be agreed upon by the nation the diplomat represents and the nation the diplomat serves in

ACCEPTINGRECOGNIZING that diplomatic immunity may be revoked by either the nation the diplomat represents or the nation the diplomat serves in

DEFINES a diplomat, for the purposes of this resolution, as any member of diplomatic, consular, and other staff serving in an embassy, consulate, consulate-general, legation, high commission, deputy high commission, or other diplomatic mission. This excludes locally engaged members of staff

MANDATES that all diplomats sent to the World Assembly shall be free from detainment except by WA security forces

a)MANDATES that Nations in which diplomats are serving must provide the diplomat with the best medical care on hand in cases of emergency

MANDATES that all diplomats to other nations shall be free from physical harm, execution, sexual assault, enslavement, or being used use for medical experiments by the nation in which they are serving

MANDATES that any diplomat granted diplomatic immunity be free from prosecution for crimes, search and/or seizure of personal belongings and belongings of family members and personal staff, search and/or seizure of family members and personal staff, seizure of pets, and search and/or seizure of private quarters outside any extraterritorial property by the nation in which the diplomat is serving
a) A diplomat may still be tried for crimes by the nation they serve
b) If suspected of a crime, the nation the diplomat is serving in may present the evidence to the nation the diplomat is from
c) If diplomatic immunity is revoked, the diplomat remains immune to prosecution for suspected crimes that occurred during the immunity by the nation in which they are serving
d) A diplomat may be detained for 24 hours in cases where they serve a direct threat to the wellbeing of others, such as driving while intoxicated or other similarly dangerous activities
e) In cases where the threat to the wellbeing of others would require more than a 24 hour detainment, a diplomat may be expelled from the nation in which they are serving

MANDATES that property agreed upon as extraterritorial or as diplomatic pouches or bags be immune to search, seizure, customs, taxes, vandalism or arson by military or government officials of the nation in which the diplomat is serving, or military assaults by the nation in which the diplomat is serving

PROHIBITS nations from sending diplomats with the express intent of committing crimes of espionage, sabotage, subversion, causing harm to the civilian population, and other related crimes committed outside of a diplomats duties

Co-authored by Cobdenia
Click to expand...
 
Changes made.

Oh, and "This excludes locally engaged members of staff" means that, while a diplomat may hire people to work for them from a nation they are stationed in, those people are not to be considered diplomats for issues of diplomatic immunity.
 
Forensatha:
Changes made.

Oh, and "This excludes locally engaged members of staff" means that, while a diplomat may hire people to work for them from a nation they are stationed in, those people are not to be considered diplomats for issues of diplomatic immunity.
Click to expand...
I think that could be phrased in a more clear manner, perhaps "This excludes hired personnel with local citizenship." Maybe that would be more clear? Something like that?
 
Change made. And, you're right, it is more clear.

I do question whether or not specifying citizenship is a good idea, but hopefully nations like my own are rare members of the WA and it will not be a problem.
 
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