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Old 10-07-2019, 11:15 AM
Ravenman is online now
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Join Date: Jan 2003
Location: Washington, DC
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Originally Posted by Novelty Bobble View Post
No problem, I thought your tone was rhetorical rather than the genuine question it was.

So yes, I think my suggestion was just that, a practical improvement.
Hmmm -- now I'm confused again. There isn't a practical end-run around the laws in place, because as stated, it is the decision of the US whether or not to waive immunity, and UK is equally bound to gain the waiver from the US before proceeding with a prosecution or whatever.

As a question of whether the laws should be re-written to allow individuals to make a decision to return to face prosecution, I have a very hard time seeing that anyone would actually agree to that. Writing exceptions into a laws like this is actually quite complicated. For example, what would happen if this woman went on vacation in Japan next year? Since she would be a tourist on that trip, could the UK seek her arrest by Japanese authorities and subsequent extradition?

Opening up exceptions to a strict rule is of course sometimes necessary, but its hard to see why many countries would sign up to a pretty substantial re-write to the custom of diplomatic immunity that has been around for many generations.

Obviously, the easiest and correct thing to do would be for the US to waive immunity in this case.