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1 1 (November 19, 2003)

handle is hein.crs/crsaiit0001 and id is 1 raw text is: Order Code RS21672 November 19, 2003 CRS Report for Congress Received through the CRS Web Diplomatic Immunity: 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. More recently, the Vienna Convention on Consular Relations served to codify customary practice concerning the recognition and scope of diplomatic immunity. This report describes the history behind the principle of diplomatic immunity, as well as international and domestic law concerning the scope of this immunity. Historical Background of Diplomatic Immunity From the earliest of times, interaction between sovereign entities has required secure means of communication between a government and its envoys in order to facilitate relations between governments. Sovereign entities have long recognized the concept of diplomatic immunity from the jurisdiction of the receiving sovereign as being necessary to ensure that these channels of communication are preserved. The concept of diplomatic immunity has long-standing roots in international practice, and can be traced as far back as the ancient civilizations of China, India, and Egypt.' The Greek historian Thucydides records that the ancient Greek City-States regularly exchanged special missions, and ambassadors were ceremoniously received and courteously treated by the receiving City- State.2 The early Romans, too, maintained treaty relations with neighboring nations that included active diplomatic exchange.3 1 United States v. Enger, 472 F. Supp. 490, 504 (D. N.J. 1978) (citing PLISCHKE, CONDUCT OF AMERICAN DIPLOMACY 3 (3rd ed. 1959). For example, Ramses II of Egypt and the Hittites negotiated a treaty including provisions for the immunity of each nation's diplomats within the receiving nation. Id. at 504n9. 2 BISWANATH SEN, A DIPLOMAT' S HANDBOOK OF INTERNATIONAL LAW AND PRACTICE 3(3rd ed. 1988). 3Id. at 3-4. Congressional Research Service +o The Library of Congress

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