The Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963 codified most modern diplomatic and consular practices, including diplomatic immunity. More than 160 nations, including the United States, are parties to these treaties. The conventions provide immunity to persons according to their rank in a diplomatic mission or consular post and according to the need for immunity in performing their duties. For example, diplomatic agents and members of their immediate families are immune from all criminal prosecution and most civil law suits. Administrative and technical staff members of embassies have a lower level of immunity.
Consular officers serving in consulates throughout the country have an even lower level of immunity.
Members of an embassy's service staff and consular employees are immune only for acts performed as part of their official duties. The United States considers the Vienna conventions particularly important because of the large number of American diplomatic and consular personnel stationed in countries where judicial systems are very different and less protective of individual rights than our own or where unfriendly governments might use their police authorities to harass American diplomats and their families. Failure by U.S. authorities to uphold the Vienna conventions would complicate U.S. diplomatic relations and could lead to harsher treatment in foreign courts of U.S. personnel abroad. Abuses of Diplomatic Immunity Under the Vienna conventions, all persons entitled to immunity have the obligation and duty to respect the laws and regulations of the host country. Immunity is not a license to commit a crime, and violations of the law are not condoned.