In an interview with This is Beirut, Delphine Meillet, a criminal attorney-at-law in Paris, discussed the standard procedures regarding the lifting of diplomatic immunity. France has presented this request to Lebanon following the disclosure of certain accusations against Rami Adwan, Lebanon’s ambassador to France, Rami Adwan.
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On Monday, June 5, France made a formal request to lift the diplomatic immunity of Rami Adwan, the Lebanese ambassador in Paris since 2017. the request was reported by AFP, citing a diplomatic source.
Adwan is currently under investigation for rape and intentional violence, following complaints made by two former employees of the Lebanese diplomatic mission in Paris. The case came to light on Friday, June 2, after French media outlet Mediapart revealed the allegations.
Adwan has denied all the allegations against him.
In an interview with This is Beirut, French criminal lawyer Delphine Meillet explained the procedure that the Lebanese ambassador in Paris could potentially face regarding the lifting of diplomatic immunity.
What does diplomatic immunity entail when conferred to an ambassador in a foreign country?
Diplomatic immunity, established on April 18, 1961, by the Vienna Convention on Diplomatic Relations, aims to preserve the independence of representatives of foreign states. It ensures their freedom of action and protects them from criminal prosecution in the countries in which they perform their official duties. Article 29 of this Convention protects diplomatic officials against any personal infringements. Accordingly, they cannot be subjected to any form of arrest or detention. No coercive police measures (such as arrest, body search, custody, detention) or criminal proceedings can be initiated against such representatives on the territory of the host State. The diplomat’s country of origin has the option to lift diplomatic immunity if requested to do so by the host State. However, it can also choose to refuse to do so, depending on the diplomatic relations between the two aforementioned countries.
Has this ever happened before?
In July 2019, the Holy See waived one of its member’s diplomatic immunity as per the French justice request. The diplomat in question was accused of sexual assault in France. Subsequently, the French authorities requested the Vatican to lift the diplomatic immunity of that specific diplomat, and the Vatican agreed. On December 16, 2020, the aforementioned diplomat was convicted in France, as he received a suspended jail sentence and a fine of 13,000 euros. The investigation was initiated following a report from Paris City Hall. Given the seriousness of the case, France requested the Vatican to lift diplomatic immunity in April 2019, and the Holy See complied in July of the same year to allow for the prosecution of its diplomatic representative. This case was uncommon but symbolically significant.
Under what circumstances can France request the lifting of diplomatic immunity for another country’s ambassador?
In the case of the Vatican, France requested the lifting of diplomatic immunity due to sexual assault allegations. Therefore, I would say that France can request the lifting of immunity when the case seems legitimate and when diplomatic relations between the countries allow for it.
How does such a procedure unfold?
There is no specific procedure in place. It usually involves a written request between two diplomatic sides. Even though the legal system of a country is involved, we operate within the framework of diplomatic relations. Technically speaking, there are no established clauses, so it is up to the diplomats’ country of origin to accept or reject the request. Common sense, adherence to the Vienna Convention and the gravity of the allegations are crucial factors, while diplomatic relations between countries play a decisive role in this regard.
