Extraterritoriality is a legal exemption from local jurisdiction granted by diplomatic agreement. It allows people or sites to operate outside of local laws, but they are still subject to other laws and can be tried in their home nations for crimes committed. Embassy staff and traveling foreign heads of state are commonly granted extraterritoriality.
Extraterritoriality is a legal exemption from local legal jurisdiction extended as a courtesy in certain cases, usually by diplomatic agreement. A person or site subject to extraterritoriality is not required to comply with local laws and cannot be prosecuted for violating those laws. This practice has existed in a variety of forms since at least the 14th century, when formal arrangements were made in different regions of Europe to allow certain nations to enjoy extraterritorial rights.
One of the simplest and most well-known examples is the right extended to ambassadors and staff of an embassy. An embassy, even located in a foreign country, is granted extraterritoriality. This is intended to ensure the safety of staff at the embassy, enabling it to operate as a satellite of the home nation, providing services to nationals overseas and also assisting non-nationals with immigration matters. Extraterritoriality is also granted to the Holy See and to traveling foreign heads of state.
Nations with strong diplomatic ties may have broader agreements when it comes to extraterritoriality. Some allow the military forces of allies to cross their borders without subjecting them to their jurisdiction. This allows for easier movement of troops, as well as coordination of forces in joint military operations. Broader rights may also be extended to visiting embassy staff and other members of the Foreign Service by prior arrangement. Negotiations are being conducted carefully as nations determine what kinds of rights they want to extend to foreign actors within their borders.
While people are exempt from local jurisdiction, they are still subject to other laws. People who commit crimes while enjoying the right to extraterritoriality can be tried in their home nations, and international law can also play a role in handling legal situations that arise with people exempt from local and regional laws. This is designed to prevent situations where people commit crimes without punishment and countries tend to severely discipline their citizens when they break the law while enjoying immunity, to send a clear message that they are not abusing the right to immunity.
Traveling citizens are subject to local law and may be jailed and otherwise penalized for breaking the law. Citizens who do not abide by the law are strongly encouraged to contact their embassies for legal advice and assistance. While the embassy can’t stop them from facing charges, it can provide legal advice and other services to help citizens with legal issues while traveling.
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