Reciprocal arrests feared

Press, 26 July 1984, Page 8

Reciprocal arrests feared

NZPA-AP Washington Despite frustration over diplomats who “get away with murder,” lifting blanket diplomatic immunity from criminal prosecution could lead to reciprocal arrests and trials of American diplomats around the world, a United States State Department official said yesterday, Daniel McGovern, principal deputy legal adviser, was speaking before a Senate committee, which began hearings on a bill to make it a Federal crime when a foreign diplomat uses a firearm to commit a felony in the United States. The Vienna Convention,

an international treaty . which the United States has signed, says no diplomat can be prosecuted by the host country for any criminal act. Time and time again, witnesses spoke of the shooting of a British policewoman by a Libyan diplomat. There was global outrage when a Libyan diplomat was able to leave London scot-free after shooting from the window of his country’s embassy and killing the police constable and wounding 11 others during a demonstration on April 17. Mr McGovern nevertheless sounded a note of caution. “It undercuts the prin-

ciple of absolute criminal immunity for diplomats,” he said. “The bill could thus provide an occasion — a pretext — for foreign governments to retaliate by exposing our diplomatic personnel abroad to criminal liability.” He particularly worried about United States Marines guards at American embassies, who enjoy diplomatic immunity, being charged under similar gun laws abroad if they had to fire a weapon to repel an attack on the embassy. He said that it was not beyond some governments to stage an attack just to provoke such a situation. Diplomats accused of spy-

ing might also be prosecuted, rather than sent home, as is almost always-’ the case, Mr McGovern said. The author of the legislation, Senator Arlen Specter, told the Judiciary Committee’s sub-committee on security and terrorism that it was his idea to “see to it that under the guise of diplomacy, people don’t get away with murder.” He said he thought the bill was “narrowly drawn” so that it’s sole purpose would be obvious — “to bring international criminals to justice,” so they could no longer use “diplomatic immunity as a shield.”