As a matter of international law diplomatic immunity was primarily based on custom and international.
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The principle of diplomatic immunity is one of the oldest elements of foreign relations.
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The un created the 1961 convention on diplomatic immunity set into international law customs and traditions that stretched back millennia but it did so in the context of a world that was very changed from the one which necessarily gave rise to the original customs and traditions created in a time before the leadership of a nation was itself.
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The vienna convention of diplomatic relations 1961 which most states have ratified offers diplomats acting as officials of state almost total protection from subjection to criminal administrative and civil laws belonging to the country in which the diplomatic mission.
Diplomatic immunity is a status granted to diplomatic personnel that exempts them from the laws of a foreign jurisdiction.
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History and overview michael john garcia legislative attorney american law division summary since ancient times the concept of diplomatic immunity has been recognized in relationships between sovereign entities.
Ancient greek and roman governments for example accorded special status to envoys and the basic concept has evolved and endured until the present.
History and overview crs report for congress diplomatic immunity.