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What's the deal with diplomatic immunity?

What's the deal with diplomatic immunity?

Released Tuesday, 1st October 2013
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What's the deal with diplomatic immunity?

What's the deal with diplomatic immunity?

What's the deal with diplomatic immunity?

What's the deal with diplomatic immunity?

Tuesday, 1st October 2013
Good episode? Give it some love!
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Episode Transcript

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0:00

Brought to you by the all neween Toyota

0:02

Corolla. Welcome to

0:05

Stuff you Should Know from House Stuff

0:07

Works dot com.

0:14

Hey, welcome to the podcast. I'm Josh

0:16

Clark and Charles W. Chuck Bryant's with

0:18

me. Jerry's here, so it's the

0:20

whole gang. It's stuff you should know. What's

0:25

that? It's our dude little theme

0:28

song that was good? Thank you? Can

0:30

you hear like trumpet's going? Doc Severnson

0:34

baseline on that Doc Severnson? That

0:37

dates us. People

0:39

are like, who's our senior halls guy? Doc

0:43

Severnson For people who don't know, was Johnny

0:45

Carson's band leader on the Tonight Show? And

0:48

I don't remember Arsenio was a band at

0:50

all? Oh wait, it

0:52

was a dude. They're always

0:55

the weirdest flakes with

0:57

band leaders. Yeah, like, um,

1:00

Paul Shaffer, he's a little odd. I love

1:02

the guy, but here it's had odd. Didn't

1:05

this guy wear like tales

1:07

like tuxedo? Remember

1:10

with Tales and News for that matter? Who

1:12

was Chevy Chases and Magic Johnson's bands

1:15

man? Remember those ships? No?

1:18

Yeah, short lived and that's

1:20

why I don't remember them. Uh, it's a chuck.

1:22

Yes, Um,

1:25

I wonder, have

1:27

you ever heard of diplomatic community?

1:30

I have, because I've seen Lethal Weapon two.

1:33

What do you what is that? That was the

1:36

basically the premise of that whole movie. Diplomatic

1:39

Community was this South African diplomat

1:41

who was I think

1:43

he was. He's just doing bad

1:46

stuff. Oh yeah, well that was

1:48

the apartheid era, yeah, and it was all under

1:50

you know. He even said at one point like I have diplomatic

1:52

community. And that's when spoiler

1:55

alert, that's when Gibson

1:57

shot him in the face. I

1:59

don't know about the face, but I think he killed him and

2:02

said something like immunity revoked. Man,

2:06

I don't think he said that, yeah,

2:08

exactly, wow, and said

2:10

I don't like Jewish people. I'm

2:14

mel Gibson what

2:17

a jerk? Wow? Yeah

2:20

yeah, yeah you

2:22

did. I'm calling him out as an anti Semite

2:24

right here, Jenish you put like an echo?

2:27

Yeah? Um, so

2:29

uh sorry about

2:32

that. I have heard of diplomatic community, okay,

2:34

um. I've seen Lethal Weapon

2:37

too, I think, and I don't

2:39

remember any of that. Yeah, I think it was part

2:41

two. Maybe I've just seen the one, which one is Joe Pesci.

2:45

I don't remember. You're thinking loaded weapon.

2:48

That was good. Actually, as far as

2:50

Sposco, that one was pretty good. Yeah. Uh

2:52

yeah, it was like hotshots level

2:55

good. Anyway, Chuck.

2:58

A lot of people on Twitter, I want

3:00

to know what diplomatic community was or how it

3:02

worked. Howd that come up? I just asked.

3:04

I was trying to think of stuff to write about, so I was like,

3:07

oh, that's the people of Twitter. Um

3:09

and a couple of people said diplomatic community.

3:12

So I was like, oh, that's a good idea. So I would did

3:14

a little research and wrote a post and like, here

3:17

we are, like diplomatic community.

3:19

We're about to explain it. It's like one of those things that

3:21

everybody knows about, but it

3:23

doesn't really know the nuts and bolts of it.

3:26

I thought it was very interesting and it's pretty

3:28

easy to understand too, especially if

3:30

you take out my terrible sentences.

3:33

They're not terrible. The structure. You

3:36

just like to write, man, you like words, Yeah,

3:38

you like to get those fingers a little too much.

3:41

It's like short sentence. What is that? I'll take

3:44

three of those things and put them together. I

3:47

like it, though, you man, why aren't you a novelist?

3:50

I don't know, work on that okay,

3:53

okay, so um,

3:55

we're talking diplomatic community. It ain't

3:57

anything new if

4:00

at least four thousand

4:02

years old at least.

4:05

And we know this because remember Hammurabi.

4:08

He was the first guy to come up with

4:11

a set of laws, the Code of Hammurabi.

4:14

And it was like, remember this thing. I don't remember what we

4:16

talked about it in but it was like, if you

4:18

see someone burning their

4:20

house burning and you go to help

4:22

them get their stuff out of their house, but you steal

4:25

something, you're put to death. There's

4:27

a lot of smiting. If you covet your neighbor's

4:29

goat, you're put to death. And he

4:31

came up with the eye for an eye here, um,

4:34

and it was the first set of laws. Hammurabi

4:37

also has the distinction of being the first

4:39

person who is documented to have broken

4:41

the spirit of diplomatic community.

4:43

Yeah, he may be responsible for the phrase

4:46

kill the messenger. Yeah,

4:48

I don't think he killed anybody. He didn't know

4:50

shun smite the messenger, don't

4:53

protect the messenger if

4:55

you don't like his news exactly. That's kind

4:58

of what it came down to. But his his basically,

5:00

some someone sent an

5:03

envoy and I don't know what

5:05

the message was or who sent the envoy.

5:08

There was probably like only two or three other

5:10

civilizations at the time, so it had to be one

5:12

of them. Um. But they

5:14

they he didn't like what they had to say, so

5:17

he said, you know what, I'm not providing your

5:19

protection back to your homeland. Good luck

5:22

because and he was essentially a

5:24

diplomat being set loose

5:26

without protection, right, which is in violation

5:29

of the diplomatic community

5:31

of one part of it. That's Um.

5:35

Thomas Jefferson didn't like the idea so much.

5:37

He thought, well, this doesn't make

5:39

any sense. You're basically just giving permission for

5:42

spies to get in there and do what the heck they want.

5:45

Yeah, and he he Um.

5:47

That was also the sentiment of the French Revolution,

5:50

the people who ran the French Revolution and the

5:52

post revolution government, And

5:55

which is kind of funny because Thomas Jefferson

5:57

was the ambassador to France during that time

6:00

and he was saying, diplomatic community doesn't make

6:02

any sense, even though I enjoy it, Yeah,

6:04

exactly. Yeah. Uh,

6:06

and you point out that it's really kind

6:09

of the same over the years, and in fact,

6:12

um almost wrongly, has not

6:14

changed much over the years. Yeah.

6:16

Like it's it was one of those things that was

6:19

perfected pretty early on, I

6:21

mean around the time of Hamma Rabbi, and

6:23

then it was added to in the Renaissance, and

6:26

yeah, it hasn't changed. And now it's kind of the point where yeah,

6:28

it probably should change. Yeah, they should

6:30

maybe look into the nuts and bolts of it a

6:32

little bit. So the first concept,

6:35

the one that Hamma Rabbi violated, is

6:38

this concept, this principle of

6:40

personal and viold inviolable.

6:42

Oh, man, I knew I was going to have a problem with this

6:44

one. Inviolability.

6:46

Yeah, it's a mouthful. You can't

6:48

violate the person of

6:51

a diplomat as part of diplomatic

6:53

community, that's right. And you make a very good

6:55

point in here that um it's

6:58

it's a great concept, but it

7:00

is only a strong concept

7:03

if people observe it, because if they

7:05

don't, then you know, there

7:07

it goes right out the window. It's almost

7:09

like an honor code, it is. It's it's

7:11

saying, like you, this diplomat

7:13

is untouchable, but also

7:15

your diplomat is untouchable when they come to my

7:18

country. Don't kill mine and won't kill yours,

7:20

right, And it works the other way too. If I kill

7:22

yours, you're gonna kill mine. So it's this

7:24

kind of um truce

7:27

between nations that have um

7:29

diplomatic missions within

7:32

one another that you don't touch our people,

7:34

we don't touch your people. To diplomat

7:36

it is sacra saying yeah, but a tenuous

7:39

one. Back in the day, it sounds like it sounds like it

7:41

could go go south and turn into

7:43

you killed mine, I'll kill yours. It could.

7:45

Um. There was Genghis

7:48

Khan. Actually Um was

7:50

a an incredibly progressive

7:52

ruler. You mean ginge hiss Jengis

7:55

That's right, Jengis is

7:57

it? Jingis? Yes? Okay, that's

8:00

I mean at least at firm bank. How

8:02

was that where we learned that? Yeah, Jengis

8:04

Khan um he uh. He

8:07

was very much an observer of diplomatic

8:10

community, and he sent an

8:12

envoy to the a mirror

8:14

of Kara's Charasaman.

8:18

I believe it was in modern day

8:21

Iran. It was in modern

8:23

day Iran, uh in parts

8:25

of Afghanistan. He said this envoy saying

8:28

like, hey, I'm the ruler of

8:30

the land where the sun rises. You're the

8:32

ruler of the land where the sun sets. Let's

8:34

establish a friendly peace treaty

8:37

and trade relations. Yea. And

8:39

he took it really seriously, like if you messed

8:41

around with that with him, it would it was

8:43

bad news for you. Right. Well, the Amir did

8:45

mess around with it. He had the

8:48

envoy, the five hundred Muslim

8:51

strong envoy from the Mongols

8:53

killed and had two Mongol

8:56

representatives shaved and sent

8:59

back to Genghisa on Jengis Khan, and

9:01

Jengis con said say goodbye to your empire

9:04

and I'm going to utterly destroy And he

9:06

didn't because specifically

9:09

because the diplomatic community

9:11

of his people was violated by the ruler.

9:14

So before we move on, I think it's a good time

9:16

for a message break. Where

9:22

were we? So there were lots of envoys,

9:25

some respect in some violation

9:28

early on, right, But even when it

9:30

was violated, some rulers have said

9:32

no, still not going to do anything about it. Like Darius

9:34

the first movie the three hundred. Uh

9:38

yeah, not there. It's not the

9:40

three hundred, No, it's just three hundred. But

9:43

yeah, I saw it. It's like Edie brick Hell

9:45

and New Bohemians. It's like it wasn't

9:50

look at her now, all right, So why is it

9:53

the three hundred. Yeah,

9:55

it's just three d Well. Anyway, that actually

9:58

happened at the beginning, you know where he kick the

10:00

envoy into the pit. Oh yeah, I

10:02

don't know if he actually kicked him into a pit. But

10:05

the Spartans did killed two

10:07

envoys from Darius the first and

10:10

he had some Spartan nobles with him when

10:12

he learned the news, and he refused

10:14

to harm them

10:17

because he said, quote, it would

10:19

wreak havoc of all human law. Yeah,

10:21

basically, it would send us down this path

10:24

of retribution back and forth.

10:27

And and you know it might

10:29

not even be a law anymore. You

10:32

don't touch diplomats, don't touch him. And again,

10:34

this thing has been so ingrained chuck for so

10:36

long that, um, there was

10:38

a power vacuum that was left after Rome

10:41

fell, and uh,

10:43

there were a couple of hundred years before Charlemagne

10:46

was pronounced the ruler of the Holy Roman

10:48

Empire. And during this time

10:50

in between those two, in this power

10:53

vacuum, it was so well

10:55

established that you didn't mess with a diplomat

10:57

that to kill a diplomat would have been

10:59

like a greater crime than killing a king in

11:02

many cases. Yeah, and the you

11:04

know it should be obvious why you need

11:06

to protect diplomats, but I

11:09

guess we should just state diplomats. It's

11:11

rooted in the word diplomacy. They are there to be

11:14

brokers of peace between nations, or at

11:16

the very least, ah,

11:19

brokers of messages of

11:22

peace and trying to avoid war.

11:24

Like they're not like negotiating peace. But they're

11:27

they're almost well they are in some cases, but

11:30

almost said they're neutral. They're not neutral, but there

11:33

is a certain neutrality to being

11:36

a messenger. I think, yeah, and

11:38

and yes some of them. It's and it

11:40

isn't just messages, it's part of it, but it is

11:43

brokering peace, attempting to bring

11:45

peace or maintain peace between two

11:47

countries. And so this

11:49

is kind of a special talent.

11:52

It's a special job and

11:54

as such it must be afforded special

11:56

protection because if they weren't protected, they would

11:59

be killed, and if they were killed, no one would want

12:01

to do it. If no one would want to do it, then

12:03

there would be more war. Right plus speaking

12:05

of war, if since a

12:09

diplomat is often the

12:11

last person in a country

12:14

trying to broke her peace between that

12:16

country and the diplomats country, if

12:18

the peace negotiations fall through, the

12:20

diplomat has to be able to get out of that country.

12:23

Yeah, usually or hopefully

12:26

with the assistance of the

12:28

host country. Yeah. And that still

12:30

happens today. As you point out, you go to New York

12:32

City and you might on

12:34

any given day see the New York Police Department

12:37

escorting diplomat cars

12:39

back and forth between the U N and the

12:41

W hotel, right or wherever

12:44

they like to stay. Um,

12:46

So it's still still very

12:48

much, very much

12:51

the same, like, you know, not only

12:53

protection, but like safe

12:55

passage. In World War Two, apparently

12:58

the Nazis um

13:00

gave safe passage to the diplomats,

13:03

the Allied diplomats in the country

13:05

when war was declared. Yeah,

13:08

all right, which is kind of surprising. And

13:11

then Benghazi was a big deal in part

13:13

because the Libyan government

13:16

was expected to protect

13:19

the people who populate

13:21

the embassies in that country. Yeah, and Christopher

13:23

Stevens was killed. Yeah.

13:26

US ambassador is it an

13:28

ambassador the same thing as a diplomat. It's

13:30

a type of diplomat, but a diplomat

13:32

isn't necessarily an ambassador. That's right, because

13:34

we'll find out there are lots of people who have

13:37

diplomatic status. Yeah, you can be an antiche

13:39

and emissary, you all. There's all sorts of

13:41

things a company typically, Yeah,

13:44

in the US, the diplomat or the

13:46

head diplomat is the ambassador. And

13:48

it also applies to UM, to

13:51

the family and the

13:53

domestic workers. Yeah, people that work for you.

13:55

Um, if you have a driver, if you have a

13:58

made your car, housekeeper, your car.

14:00

It's all protected under

14:02

diplomatic community. And you know what, my friend John,

14:05

I wonder if you ever wrote this. My friend John in l

14:07

A wrote a book

14:10

about called Embassy

14:12

Kids that I don't think he ever got

14:14

published. That sounded really good to me, and it was

14:16

about diplomat kids in New

14:18

York City in the eighties. Just raising Hell.

14:22

Yeah, I need to call him and ask

14:24

him about that, because I always thought it was a great idea for a book.

14:26

Call him right now. We have fine, that's

14:29

right. UM, So you just brought up

14:31

the second principle. There's two principles

14:33

that um. Modern diplomacy

14:36

and diplomatic community is based on personal

14:39

and violability and

14:41

extra territoriality. Yeah,

14:44

that one's kind of neat, and that's what we just touched on

14:46

it. It is the house, you live in, the car,

14:49

you drive everywhere you are.

14:51

Basically it might as well be your homeland.

14:53

Yeah, it's considered to be situated

14:56

on your home soil. So therefore

14:58

the cops have about as much right

15:01

uh to rating those places, are

15:03

entering those places unbidden as

15:06

they would your house in

15:08

your native country. And that's

15:10

the type of legal fiction like

15:12

I'm in my car, I'm gonna smoke some

15:14

weed and blow it in your face cop. Yeah,

15:17

and you can't do anything about it. Okay, So

15:19

here's here's here's

15:21

part of a misconception. Technically, the

15:24

cop can very much do something about it. They can arrest

15:26

you, They can take you to jail,

15:29

they can hold you until you have a hearing, and

15:31

then once you have a hearing, then

15:34

you're going to come face to face with the brick while

15:36

a diplomatic community, because the court

15:38

is going to say, we have zero jurisdiction

15:41

over this person and you have

15:44

to let them go and drop all charges. So basically,

15:46

they can disrupt your life. Um,

15:48

which they probably would if you blew pot smoke

15:50

in their face. Yeah, but they might

15:52

not if it was something else because they're like, it's

15:55

not worth the trouble. Right, So I've

15:58

got I have a whole um a little

16:00

scene here that displays

16:02

all this. Right, let's

16:04

do it. Okay,

16:07

we're in England, very nice. Uh,

16:09

And there's a Russian diplomat who

16:12

is leaving the country

16:14

to go back to Russia. He's drunk on

16:16

vodka. He's drunk on something because

16:19

he's racked up quite a bit of debt at

16:21

this particular pub. Well,

16:23

the public owner finds out that he's about to leave

16:25

and stiff him and he grabs

16:27

the guy has him grabbed and is holding

16:30

him, jailing him at his

16:32

pub. At the time, this

16:34

is perfectly legal, like there

16:37

were debtors prisons, Like if you're a debtor,

16:39

you had not that many rights, right, Yeah,

16:41

he got he wanted his rubles, yeah,

16:45

from the Russian. So um

16:47

Peter the Great finds out about this and it's contexts

16:50

um Elizabeth the First and says,

16:53

hey, just wrang her up. Yeah, Liz,

16:55

Well, you can imagine like how long this

16:58

correspondence is taking. This guy was being held

17:00

in the pub. So um

17:02

Peter the Great asked for his envoys

17:04

release and Elizabeth the First said, yes, of course,

17:06

we'll release him. And not only that you

17:08

too, who are legally holding

17:11

this man in your pub You're

17:13

going to jail? Like, what do we do? And

17:15

she's like just shut up, um,

17:17

And then England passed an act I think the following

17:20

year that said foreign embassies are

17:22

untouchable and outside the jurisdiction

17:24

in the law, including debt. Cod

17:26

Yes, so what your codified personal

17:29

and violability and extra territoriality

17:32

in this act? And it does it?

17:35

It reveals something else about diplomatic

17:37

community corruption. Yeah, but

17:39

what's the deal with debt is that can't still

17:41

be true? Right? Like? You can't come

17:44

over here and rack up a bunch of debt and then just

17:46

leave it, can you? As far as I know,

17:48

as far as I could tell you can. The

17:50

problem is it's very hard to do because

17:52

if somebody finds out you have diplomatic community,

17:54

they're not going to extend your line of credit because you

17:57

can legally walk out. Yeah,

17:59

and you're well,

18:02

I guess it depends on who you are and how a corruptive

18:04

a person you are. But if you're interested in remaining

18:06

a diplomat, you're gonna keep your nose clean and

18:08

not do stuff like that. Sure, Now, I don't think that's

18:11

too much trouble for

18:13

a diplomat to get credit. But the line

18:15

of credits coming from their home country, like they

18:17

have their credit card or whatever from

18:19

their home country, so they don't they don't

18:21

need to establish the line of credit the local tailor

18:24

that they can just get spindy with their own rubles

18:27

um. But that does illustrate

18:29

a big problem like corruption still remains.

18:32

It might not be in racking up debt and leaving, which

18:34

it could still, but there's

18:36

corruption all over the place. Because when you

18:38

send a diplomat to a foreign country,

18:40

you're saying you can't be prosecuted. Yeah,

18:43

yeah, and it's that's a very tantalizing

18:46

situation. Like you said, I think if you're a career diplomat,

18:48

you're gonna keep your nose clean. Yeah, but I

18:50

bet you prostitution

18:54

happens. I bet you

18:57

illegal drugs happen more

18:59

than you would think. Apparently,

19:01

drinking and driving is an enormous thing. Drinking

19:04

and driving, And we'll get to the traffic tickets,

19:06

but that's obviously a big one. Because you can just park wherever

19:08

the heck you want. It doesn't matter, so

19:10

technically you're still under when

19:13

you're in a foreign country

19:15

with diplomatic community, you're subject to

19:17

the laws of your homeland then, um

19:20

and the courts and all that jurisdiction. And

19:22

that has happened here and there

19:25

over the years, Like people have been

19:27

recalled and prosecuted for

19:30

crimes they committed in another country with

19:32

diplomatic community. They've been tried and prosecuted

19:35

for it back in their home countries or that

19:37

law. As we'll see with some of these UH

19:40

instances, sometimes it's a hand

19:42

slap and removal of your

19:44

credentials as a diplomat, like you

19:47

can't do this anymore. You're fired essentially,

19:50

but we're not going to like prosecute you. But the

19:52

the depending on the

19:54

crime, depending on the person too, um,

19:57

the sending government, the

20:00

that the diplomats home

20:03

country is ruled by

20:05

might very well just look the other way.

20:09

Traffic tickets, like you said, it depends on what it

20:11

is. Let's talk traffic tickets. In

20:14

two thousand eleven July

20:16

of two thousand eleven, the city

20:18

of New York, which is where the u N

20:20

is situated, so there's tons of diplomats running

20:22

around, they were owed it was sixteen

20:25

point seven million dollars and unpaid

20:27

traffic tickets from people with diplomatic

20:30

community in that month. Now

20:32

not just that month, but in that month, if

20:35

you took a snapshot of how much money was the

20:37

total that was owed. Yeah, we found a great

20:40

cracked um article the

20:42

sixth and most Ridiculous

20:44

Abuses of Diplomatic Community, and

20:46

they did cover the parking tickets and between

20:50

and two thousand two foreign diplomats

20:53

got more than a hundred and fifty thousand

20:56

parking tickets, not fines,

20:59

a hundred and fifty thousand tickets. And

21:01

they broke it down that is seventy parking tickets

21:03

a day. And they're like, you would almost

21:06

literally have to try hard

21:10

to do illegal things in

21:12

your car to wrack up that many parking tickets.

21:15

And that is

21:17

what accrued eventually to like close to seventeen

21:19

million bucks. They said the biggest defender

21:21

was Russia with thirty two thousand unpaid

21:24

parking tickets. That's awesome. Yeah,

21:27

that's really justlike thumbing your nose.

21:29

And you know, if you ever been in driving in New York

21:31

and you see people, if you see a diplomat

21:33

double park, I

21:36

don't know how to finish that sentence. I was gonna recommend

21:38

something, but I don't know what to do. Yell

21:40

and scream. Yeah, I mean anything. If

21:42

you slash the tires on their car, that's

21:44

you're You're in trouble. You don't have diplomatic

21:47

community. Just pick up that condom off the sidewalk

21:49

and throw it at him. So there's a

21:53

what is a Coney Island white face? Yeah,

21:55

don't pick those up. Actually, Um,

21:57

that's good advice, chuck. Uh.

22:00

So you are required

22:03

to follow the laws of your host

22:05

country as per the

22:07

u N Convention on Diplomatic

22:09

Community. From h

22:11

They don't just say go do anything you want. They

22:14

say you can't be prosecuted. Yes, Um,

22:16

I'm supposed to be a good boy. And there are cases,

22:18

like you said, there's there's people who have

22:20

been prosecuted. For

22:23

the most part, though it's it's looked the other way,

22:26

especially on things like speeding, traffic tickets,

22:28

parking tickets, driving drunk

22:31

um. And because

22:34

this extends to

22:37

the person's home and to their workers,

22:39

their employees um,

22:41

some people have been accused

22:43

lately, especially of human trafficking.

22:47

Because your house is considered sovereign

22:49

soil um,

22:52

it's outside of American labor laws.

22:54

So you can write a contract with

22:56

somebody in your home country and say, come work for

22:58

us. We'll work you forty hours

23:01

a week and you get Sundays off and

23:03

you only have to prepare three meals a day,

23:05

and um, it's gonna be easy.

23:07

It will pay you X amount of dollars and

23:09

when they get to your house, you can literally

23:12

tear the contract up in front of them,

23:14

lock the doors to keep them from leaving,

23:17

and work them like a dog.

23:20

Um. The thing is is this violates

23:22

not just American law, but international

23:25

law. That's human trafficking.

23:27

And it's apparently like

23:31

unnervingly frequent. How often

23:33

this happens. Maybe not in lock

23:35

the door and work you for no

23:37

money for a hundred and fifty hours a

23:39

week, but to some degree.

23:43

Anytime there's somebody who feels like they're

23:45

not free to come and go as they please,

23:48

they're not being paid what they were told they were going

23:50

to be paid, that's a violation. Um.

23:52

And so yeah, they're starting to call it what it is,

23:54

which is human trafficking, which I predict will

23:57

mean that it drops off dramatically. It's

23:59

kidnap thing. Yeah, it's false imprisonment,

24:01

forced labor. So

24:04

let's say these are well that's

24:06

not minor offense, but speeding

24:08

and things like that, or minor offenses. They're willing

24:10

to look the other way if

24:13

they do something really bad, Um,

24:16

then sometimes you can't look the other way, and you actually

24:18

have to address it. If

24:20

you're the country that sent them,

24:22

boy, who's in trouble, well, you gotta address it between

24:25

the two countries, Like we got a situation here

24:27

this this dude did something really bad and

24:30

we really need to like settle this. We can't turn

24:32

the other cheek. This thing going away. It's not going

24:34

away. Um. And that

24:36

means you can recall a person,

24:39

declare them persona non grata, and

24:41

say I want them out of here. Yes, that's

24:43

if you're the host country. You you're

24:45

the one who declares them persona non grata.

24:48

Exactly, I want them to be expelled,

24:50

basically go back to where you came from.

24:52

Persona non grata apparently literally

24:55

means um unwelcome person. That's

24:58

right. And if you're declared persona non grata,

25:00

especially if you're a career diplomat, that's a big

25:02

deal because you

25:04

have X amount of hours

25:07

or days to leave that country

25:10

or else that country saying you don't have diplomatic

25:13

community anymore, and we're gonna prosecute

25:15

you. The best thing your government

25:17

can do in that situation is recall you,

25:20

hopefully before you're officially declared persona

25:22

on grata um. If you

25:24

are declared persona on grata they basically

25:27

have to recall you. And if they don't

25:29

recall you, that means your government has

25:31

just left you twisting in the wind because

25:34

you're you're you're gonna have to leave on

25:36

your own accord, pay for your own ticket,

25:38

and your government is not backing you up any longer.

25:40

They're not recalling you. They're

25:43

just saying, yeah, go ahead and prosecute this person.

25:45

Yeah, but that can the recall thing can open up a

25:47

big can of worms. Um. Like

25:49

in two thousand eleven, this contractor,

25:52

defense contractor named Raymond Davis

25:54

killed a couple of would be assassins you remember

25:56

that, Yeah and um

26:00

in Pakistan, And basically

26:03

he was he was not a diplomat, but he was under

26:05

their under diplomatic community. He was a

26:07

like a CIA contractor. Yeah and

26:09

um. So basically they had to break a

26:11

broker a deal between the United States and Pakistan,

26:15

in which Pakistan said, you know what we

26:18

want to We have a list of three thirty

26:20

one Americans now that we think are

26:23

shy in some way, so we want

26:25

all of them recalled. And the US

26:27

was sort of like, I really,

26:30

you know, their hands were kind of tied, probably because

26:32

this Davis guy had killed two people. So

26:36

did all those people get recalled in the end? All

26:40

yeah, And as far as they know that, the

26:42

deal was that they didn't. Um, they

26:44

weren't declared persona on grata, which

26:46

means that they could come back and

26:49

try again, I guess or whatever. But um,

26:51

that that's the can of worms. Like you could potentially

26:54

it could be a good thing for a country like Pakistan

26:56

and be like, oh, this is our chance to get all

26:59

these people recalled exactly, and that's what

27:01

they did. They used diplomatic

27:03

community. There were the tenants

27:05

of it to basically rid the country

27:07

of spies or

27:10

contractors who whatever they were doing.

27:13

I guess Pakistan just thought they were shady folks.

27:16

So um, there's also

27:18

you're not supposed to take declaring

27:21

somebody persona on grata lightly some

27:24

countries to some countries are just like,

27:26

oh you're criticizing me publicly, your

27:28

persona on grata, get out of here, and

27:30

like that's how they deal with dissent among

27:33

foreign ambassadors is just by declaring him persona

27:35

on grata and um, under international

27:37

law, the the host country doesn't

27:39

have to give any reason why they declared him persona

27:42

not really, Yeah, that's just you're gonna never

27:44

coming back exactly. Yes.

27:47

Um, you also make a good point. We talked

27:49

earlier about how it might should be changing these days.

27:52

It was created at a time where things

27:55

were a lot different back then, Uh

27:57

kings like you couldn't even prosecut

28:00

uh the ruling class back

28:03

then. Yeah, you couldn't even raise

28:06

a dissent. Yeah, you had

28:08

to overthrow them. That's how you handle

28:10

that. But then that change, Yet diplomatic

28:12

community stayed firmly entrenched. Right, you

28:14

can sue a government, you can see the

28:16

government's leaders typically, Um,

28:20

there's you have. The average person has

28:22

recourse. As difficult as it

28:24

may be, the people who

28:26

are running the show aren't totally untouchable

28:28

like they were when personal and viability

28:31

was established. Um,

28:34

it doesn't take weeks to get

28:36

back to your homeland and along

28:38

bandit ridden caravan lines

28:41

or that you need the same passage. Yeah. So there's

28:43

there's all these what are now kind of quaint

28:46

rules that are associated with diplomacy

28:49

and diplomatic community. And then what's more,

28:51

there's a lot more people who have diplomatic

28:54

community than used to, especially

28:56

following World War one and two. Yeah,

29:00

and I didn't realize this. International organizations,

29:03

um, that don't have borders, they

29:05

generally all operate with diplomatic

29:07

community. And even you

29:09

pointed out the Inter American Tropical

29:12

Tunic Commission operates

29:14

in their family and everyone they work with operates

29:16

with diplomatic community. So it's

29:18

not just diplomats, like, not even close.

29:21

Right, there was a run on diplomatic community

29:23

after the first two world wars, and um,

29:26

yeah, it's all over the place, so a lot of people

29:28

have it, and these um

29:31

the immunity is way more sweeping

29:33

and broad than is necessary. Yeah.

29:36

So there's this this third principle that's

29:38

part of the u N Convention from nineteen

29:40

sixty one that a lot of people,

29:43

especially career diplomats, are

29:45

calling for to be exercises called

29:48

functional necessity. Yeah, and

29:51

it's in there, but it's just not uh

29:53

No one pays much attention to it. It's like the

29:56

the wet blanket principle

29:58

of diplomatic community. Yes, it basically

30:00

says you, uh, it's

30:03

just whatever you

30:05

need to do to function in your job

30:08

is what's protected. Yes, so

30:11

if you want to go out and get hookers and

30:13

and have a card game, but it's not an official

30:15

function, it's not an official function, and you should

30:17

not be protected for that, and that's in there. But

30:20

just it just sounds like no one pays attention to it, right

30:22

And well, the reason, one of the reasons,

30:24

one of the very good reasons why people don't pay

30:26

attention to it is because it's kind of subjective.

30:29

It's like, okay, so you should have to

30:31

pay your parking ticket or else you get in trouble

30:33

or something like that. But what if

30:35

the diplomat has a really important

30:37

message that has to be delivered right

30:40

then in person they don't have

30:42

time to get wouldn't

30:44

that be considered like an official function,

30:47

like not like double parking right then?

30:50

Um, or that prostitute was

30:52

really attractive. I mean, there's definitely a

30:54

line obviously, but but

30:56

um, no one's very much interested

30:58

in exploring or not enough people are

31:00

interested in exploring it. And it's not like you

31:02

can go to the u N and say, you guys

31:05

need to carry out functional necessity

31:07

and that's it. Because the u N as recently

31:09

as two UM

31:11

invoked diplomatic community

31:13

again for itself. Uh.

31:16

After the Haitian earthquake, a

31:18

bunch of Nepalese soldiers were

31:21

sent down there to help like

31:24

rebuild the country stabilize it, and

31:27

um they weren't screened for cholera, and

31:29

there was a cholera outbreak uh

31:31

and eight thousand Haitians died as a result.

31:34

And the u N s a diplomatic community.

31:36

So they're not interested in digging in too much, right

31:39

because they

31:41

use it themselves. So the

31:43

other reason why it's probably not going

31:45

to change very much is because this same

31:48

structure that like allows

31:51

a little diplomats, you

31:53

know, Brady kid driving

31:56

his Ferrari like a hundred and fifty

31:58

down a residential street, keeps

32:01

him from going to jail, is also the same

32:03

system that keeps this global

32:06

spycraft agreement that

32:09

everybody has alive. Yeah,

32:11

it's very interesting. Nobody's going to give that

32:13

up. So that's diplomatic community.

32:16

Man, do you you said you have some this

32:18

cracked article with some egregious Yeah,

32:21

these are true stories. Um, six most ridiculous

32:23

abuses. Um.

32:26

One of them was pretty good. A Mexican attache

32:28

apparently when you go into meetings at and I love

32:30

this, when you go into meetings at the White House, everyone

32:33

has to leave their cell phone outside, uh

32:36

to be cared for, like you don't care

32:39

to be watered and yeah, well

32:41

know, but um,

32:43

you know you can't carry yourself phones into meetings, which I think

32:45

is awesome. Um. And

32:47

in uh two thousand eight Mexican

32:50

press at at a Raphael

32:53

Cantaro Curial um

32:55

took a big took all those phones, like

32:59

just nicked the bun of blackberries. Uh.

33:01

They literally got on a plane and stopped

33:04

him after they saw security camera footage

33:06

of him doing it. And he was like,

33:08

I don't know what it's talking about. I didn't do this on the plane,

33:11

and they showed him the footage and he went like, oh,

33:14

I did do that, he said, UM,

33:17

actually it was an accident. I just found all those

33:19

that bag of phones and I thought

33:21

they were lost, and I was going to give him to the driver of the

33:24

car and I just forgot And

33:26

that's why I have all of them, and um,

33:29

then he waved this diplomatic community pass

33:31

and they had to let him go. They got the phones back.

33:33

So that that flies in the

33:36

face of something I learned, like, I don't think

33:38

they can. I don't think a diplomat, an individual

33:41

can wave their own immunity. It's up to the host

33:43

nation to wave diplomatic community for

33:45

a person. Well they eventually

33:47

did. Um yeah

33:49

that he no, not waved, he waved

33:52

as in like invoked invoked. I

33:54

mean he waved in their face, like waved

33:57

without the eye. Yeah. Um, so

34:00

they had to let him go. They got the phones back when he got

34:02

back home. Um, he was fired

34:04

of course, and didn't get much like

34:06

a punishment or what would you steal a bunch

34:08

of phones? It's so dumb. I guess

34:10

blake berries are worth a lot. It's funny you can't take

34:12

your phone into meetings in the White House. I

34:14

wonder how many times they've tried to figure out

34:17

who was in the star of that hockey

34:19

movie young Blood, and no one could

34:21

figure it out because no one had a phone roblo.

34:24

Yeah. Uh. And then

34:26

they have number one on the list a murder

34:29

um in nineteen seventy nine, a Burmese ambassador

34:31

to Sri Lanka found out his wife

34:33

was having an affair, killed her, built

34:36

a funeral pyre in his front

34:38

yard, which again

34:41

is legally Burmese soil, and

34:44

burned her body in full view

34:46

of the press and the police, and they

34:48

were unable to do anything. And

34:51

he remained ambassador. Wow,

34:55

burned shot and killed his wife, burned her alive in

34:57

front of the cops. Well, if there's uh, if

34:59

it's fall owing the law custom

35:01

in his home country, then that's a pretty

35:04

perfect example in diplomatic

35:06

community. Man, that's crazy.

35:09

And then just this week in the news, this last

35:11

thing. Um in mid

35:13

July, Joshua Wald, he's

35:16

an officer at the American embassy

35:18

in Nairobi, he was driving

35:20

too fast in his suv um

35:22

hit a little minibus and

35:25

killed a man and injured eight people. And

35:27

then immediately after that he was questioned by

35:29

the cops. He left, his statement,

35:31

invoked diplomatic community, got

35:33

his family and got the heck out of there the next day.

35:36

And there are a lot of angry people saying, hold

35:39

on, this guy's needs to answer for this somehow.

35:42

Um, you can't just evacuate him and protect

35:44

him although they

35:46

definitely can. So there

35:49

are people on you know, Facebook of course and

35:51

social media trying to get some attention for this,

35:54

and we'll see what happens. I don't know how that one's gonna play

35:56

out. What when was that July?

35:59

Wow? Yeah, yeah, he's like,

36:01

see you later, yep to

36:03

the Memories of America, Smell you later. Jerry

36:06

does say that, doesn't she? Yeah? Does that

36:08

bug you? He acted lucky? Didn't like it. It's

36:11

just so juvenile.

36:16

So I got nothing else. Diplomatic Community

36:18

is done. We did it. Uh.

36:21

If you want to learn more about it, you're gonna have to go onto

36:23

our website. Cans how stuff works. Doesn't have an article,

36:25

friends, we have the article on

36:27

it. Just go to stuff you Should Know

36:29

dot com and type Diplomatic

36:32

Community in the search bar. We have one of those

36:34

two. And since I said we have one of those

36:36

two, it's time for Yeah.

36:41

Uh, I'm gonna call this objection

36:44

seat stuff. Hey, guys,

36:46

been listening for a while a couple

36:48

of years now. It's become my favorite mental

36:50

escape while I perform menial tasks of life.

36:53

Just listen to the Ejection Seat podcast

36:56

and was inspired to write I've been a fan

36:58

of aviation since I was a kid, and

37:00

they've learned a lot in the past forty years.

37:02

Listening to the ramblings about ejection

37:05

seats, thanks for that, UH,

37:08

reminded me of a story I heard a few years ago. It's

37:10

about a U. S. Navy navigator, Lieutenant

37:12

Keith Gallagher, who survived Did you hear about

37:14

that? Okay?

37:16

He survived a misfire of his ejection seat.

37:19

Basically, he was the second guy in a two man

37:21

crew flying in an A six intruder.

37:23

One day, while flying a routine mission, his seat

37:25

misfired, blasted him through the canopy,

37:28

then stopped. He was still attached

37:30

to the seat lower body in the cockpit,

37:32

but his upper body was hanging out a jacket

37:35

hole with like one arm sticking up. You

37:37

think there was a picture of it. The

37:39

pilot incredibly remained calm and in control and

37:41

managed to land the aircraft back on the carrier with

37:44

Gallagher still flailing around in the slip stream.

37:47

If you check out this link, there are first hand accounts

37:49

from the crew, photos and even a video

37:51

of the landing. And that is at UH

37:54

www dot gallagher dot

37:56

com. Slash ejection underscore

37:58

seat and pretty amazing

38:00

stuff. Had I been in that situation, my

38:03

first response would have been to soil myself and

38:05

start crying, not necessarily in

38:07

that order. Keep up the awesomeness

38:09

that is from Matt in Bristow v

38:12

A. Thanks Matt. Yeah,

38:15

did you check out those photos? Yeah, dude

38:17

was hanging out. The link went to this long

38:20

post on it. Pretty

38:22

detailed stuff that sneake, but the guys

38:25

like alive and well, good for him, like

38:27

a massive limb floyl suffered

38:31

massive limployel. Yeah, if

38:33

you've read something that has something to do with

38:35

something we said something, Uh,

38:37

we want to know about it, like we love stuff like that.

38:40

Like that's how we found out. Do you remember seem Ohia

38:43

the White Death for Finland. We

38:45

had no idea about him, but we did an episode

38:47

on the Japanese stragglers and somebody wrote

38:50

in and says, you thought this guy was bad.

38:52

I can't remember his name, Lieutenant something.

38:55

Oh, yeah, I can't remember was Auti Murphy?

38:58

No, No, he was on the list. We

39:00

Yeah, we had like a contest to find like the

39:02

baddest dude of World War Two, and we

39:04

put up the Japanese straggler who fought

39:06

the war for another thirty years. Up

39:09

there, somebody put up body Murphy,

39:11

and then somebody else put up seam Ohia, who

39:14

we may never have come across. Have we

39:16

not heard from a listener

39:18

like Matt who told us about this guy

39:21

suffering massive bloom flail from an

39:23

injection seat malfunction. My

39:26

point is we like hearing

39:28

about stuff that we don't know about, and

39:30

if we didn't mention in the podcast, the

39:33

chances aren't we didn't hear about it um

39:35

and we do want to know about it, so let us know. You

39:38

can tweet to us at s Y s K podcast.

39:40

You can join us on Facebook dot com slash

39:42

Stuff you Should Know. You can send us an email

39:45

with this info to Stuff Podcast

39:47

at discovery dot com. And you

39:49

should check out our website because we got

39:51

stuff you don't know that we want you to know

39:53

about. Right that

39:55

made sense. Our website is

39:57

called Stuff you Should Know dot com

40:00

m for

40:05

more on this and thousands of other topics. Is

40:07

it how stuff works dot com

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