The government is poised with a tough situation regarding the status of diplomatic immunity under the Vienna Convention. Article 32 (3) of the convention makes it amply clear that if a person with diplomatic immunity initiates a legal proceeding in a host country, he or she can’t claim immunity from the fallout of that legal proceeding.
In this case, the envoy, who is also a petitioner in the court proceeding can’t escape the fallout of a contempt of court consequence.
But it doesn’t just end there. Waiving of diplomatic immunity is required for the execution of a judicial order, like a contempt of court.
However, Mancini’s diplomatic immunity can be waived only by Italy, the sending state. It can also get more complex.
The personal inviolability of the diplomatic agent remains the very basis of diplomatic immunity.
The Italian storyIt is learnt that Italians believe that the envoy enjoys immunity and he was following his government’s order. They also point out there is still issues about the jurisdiction of the shooting case, and presses for United Nations’ law of the sea.