Author Topic: Understanding Diplomatic Immunity  (Read 980 times)

islander

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Understanding Diplomatic Immunity
« on: May 16, 2012, 12:38:22 AM »
here's something that senator tito sotto may understand if he tried to act less like he's a comedian in 'eat bulaga' and more like a statesman in the senate halls.  after all, wasn't he that senator of some years back who berated a security guard of a subdivision (how dare the security guard do his job by stopping the car the senator was in for security inspection.  didn't the guard recognize him?  well, divas need not only be females like claudine, come to think of it.)

the following is one of the clearest article on diplomatic immunity hereabouts.  if only the senator and probably two colleagues of his care less about mediabytes...

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=50601.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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islander

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Re: Understanding Diplomatic Immunity
« Reply #1 on: May 16, 2012, 12:40:15 AM »
Rape!

by Fr. Ranhilio Callangan Aquino
May 14th, 2012
Manila Standard Today

A Panamian diplomat, it has been alleged, raped a Filipina — and in the aftermath of that dastardly incident, international law has been “raped” by irate but hardly informed legislators, each with his or her own version of diplomatic immunity.

We did not invent diplomatic immunity.  States, for centuries, have always recognized that immunities attend the representatives of other States and history records the fact that breach of these immunities has, in several cases, been “casus belli” —a cause of a war.  The proposition advanced by one female senator was therefore not accurate: that diplomatic immunities only go so far as to allow a diplomat to perform his or her duties.  The privilege of liberty from arrest, apprehension, prosecution and trial also have to do with the very dignity of the entity represented by a diplomat —an elite in the world-stage (where elite is a matter neither of wealth nor of size but of international juridical personality)!

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=50601.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

Book your travel tickets anywhere in the world, go to www.12go.co

islander

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Re: Understanding Diplomatic Immunity
« Reply #2 on: May 16, 2012, 12:45:31 AM »
The present law on diplomatic immunity is the Vienna Convention on Diplomatic Relations.  In fact, it did not create the law.  In many respects, it only codified customary international law.  The immunity of diplomats has long been part of general international law, or international common law.  In respect to diplomats, the immunity from criminal jurisdiction is absolute: no ifs, no buts.  All the rhetoric then about rape never being part of one’s official functions and therefore lying beyond the shield of immunity should be reserved for sophomoric declamation contests. That simply is not the law.  An ambassador is a diplomat, but one need not be an ambassador to be a diplomat.

(emphasis mine)

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=50601.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

Book your travel tickets anywhere in the world, go to www.12go.co

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islander

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Re: Understanding Diplomatic Immunity
« Reply #3 on: May 16, 2012, 12:50:30 AM »
The determination of diplomatic status is a matter that, by constitutional allocation of powers, belongs to the Executive, since it is the latter that conducts foreign relations in behalf of the Republic of the Philippines.  However, in Liang v. People of the Philippines (2001), the Supreme Court maintained that Executive determinations did not necessarily preclude courts from inquiring into the status of one who pleads his diplomatic immunity as an exempting circumstance.  It is for the person who claims immunity to prove it, and for the courts to examine the proof.  But it is one thing to demand proof of immunity, and it is quite another to misstate the law, no matter that it's done so with unction and fervor!  In fact, the same full immunity from criminal jurisdiction can rightly be claimed by members of the administrative and technical staff of a diplomatic mission!

(emphasis mine)

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=50601.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

Book your travel tickets anywhere in the world, go to www.12go.co

islander

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Re: Understanding Diplomatic Immunity
« Reply #4 on: May 16, 2012, 12:51:52 AM »
Some who spoke first and researched later must have mixed up the rules on diplomatic immunity with the immunities of agents representing international organizations: the International Red Cross, the World Health Organization or even such entities as the World Bank and the Asian Development Bank.  Most of the time, the scope of immunity will be the result of treaty provisions.  (International law provides for treaties between States and international organizations.)  In their regard, immunity is “functional”, meaning principally that the breadth of immunity is determined by the functions they perform—and only to that extent.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=50601.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

Book your travel tickets anywhere in the world, go to www.12go.co

islander

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Re: Understanding Diplomatic Immunity
« Reply #5 on: May 16, 2012, 12:55:22 AM »
So, what happens when a diplomat goes berserk and hurts and maims indiscriminately?  Such restraint as may be necessary to prevent him from visiting more harm and injury may, as dictated by reason, be used on him.  However, this should not result in detention or apprehension.  And amid demands of militants that the diplomat concerned waive his immunity, it will be well to remind the delirious mob that diplomatic immunity, enjoyed not for the diplomat’s sake, but for the sake of the State he represents, can be waived only by the sending State.  It cannot be presumed; it must be expressed, and a waiver of immunity from prosecution is a different thing from a waiver of immunity from the execution of whatever penalty may be imposed.

(emphasis mine)

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=50601.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

Book your travel tickets anywhere in the world, go to www.12go.co

islander

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Re: Understanding Diplomatic Immunity
« Reply #6 on: May 16, 2012, 01:07:06 AM »
Things have turned out as they should—the Philippines has declared the person concerned “persona non grata” (unacceptable, we are not happy [non grata] to have him), which is a diplomatic-speak for “shoo, shoo!”  The sending State then has the obligation to recall him or risk his apprehension by Philippine authorities after the government declares that it no longer recognizes his diplomatic status.

Rape is always a terrible crime, but ignorance displayed in high places is despicable, indeed!

(emphasis mine)


Fr. Ranhilio Callangan Aquino is the dean of the Graduate School of Law of San Beda College (Mendiola).  He is one of three children of Justice Hilarion L. Aquino and Dean Leticia P. Callangan-Aquino (College of Law, Cagayan State University, Tuguegarao City).

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=50601.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

Book your travel tickets anywhere in the world, go to www.12go.co

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hubag bohol

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Re: Understanding Diplomatic Immunity
« Reply #7 on: May 24, 2012, 06:04:12 PM »
Artes novas eat bulaga docere non potes... :P

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