Take this as definitive from a former Ambassador
There are five circumstances in which Raymond Davis, the American killer caught in Pakistan, might have diplomatic immunity. They are these.
1) He was notified in writing to the government of Pakistan as a member of diplomatic staff of a US diplomatic mission in Pakistan, and the government of Pakistan had accepted him as such in writing.
2) He was part of an official delegation engaged in diplomatic negotiations notified to the government of Pakistan and accepted by them.
3) He was a member of staff of an international organisation recognised by Pakistan and was resident in Pakistan as a member of diplomatic staff working for that organisation, or was in Pakistan undertaking work for that organisation with the knowledge and approval of the Pakistani authorities.
4) He was an accredited diplomat elsewhere and was in direct tranist through Pakistan to his diplomatic posting.
5) He was an accredited courier carrying US diplomatic dispatches in transit through Pakistan.
2) to 5) plainly do not apply. The Obama administration is going for 1). My information, from senior Pakistani ex-military sources that I trust, is firmly that the necessary diplomatic exchange of notes does not exist that would make Davis an accredited US diplomat in Pakistan, but that the State Department is putting huge pressure on the government of Pakistan to overlook that fact. This passes a commonsense test – if the documents did exist. La Clinton would have waved them at us by now.
A brilliant article here by Glenn Greenwald.
http://www.salon.com/news/opinion/glenn_greenwald/2011/02/21/heartsandminds/index.html
Article 7
Subject to the provisions of articles 5, 8, 9 and 11, the sending State may freely appoint the
members of the staff of the mission. In the case of military, naval or air attachés, the receiving State may
require their names to be submitted beforehand, for its approval.
Article 10
1.The Ministry for Foreign Affairs of the receiving State, or such other ministry as may be
agreed, shall be notified of:
(a) The appointment of members of the mission, their arrival and their final departure or the
termination of their functions with the mission;
(b) The arrival and final departure of a person belonging to the family of a member of the mission
and, where appropriate, the fact that a person becomes or ceases to be a member of the family of a
member of the mission;
(c) The arrival and final departure of private servants in the employ of persons referred to in
subparagraph (a) of this paragraph and, where appropriate, the fact that they are leaving the employ of
such persons;
(d) The engagement and discharge of persons resident in the receiving State as members of the
mission or private servants entitled to privileges and immunities.
2.Where possible, prior notification of arrival and final departure shall also be given.
No need in the VCDR for Davis to be accepted in writing – you ex-Military friend was thinking of military attachés.
TIM: He wasn’t notified. And he does have to be accepted (Article 8, which you have missded).
Craig – your take on the Libyan situation – please…
( more than one side to the story)
Is he mad – or – does the West want his country’s oil wealth? http://www.youtube.com/watch?v=FzVhyUIkm0E&fe…
Who is Muammar Gaddafi?
By Antonio Cesar Oliveira
March 02, 2011 "Pravda" — How can you call someone a dictator leader who overthrew a corrupt monarchy, modernized the country, won the highest HDI in Africa, and applied a direct democracy system of government?
I'd already come across the Greenwald article some time ago and found it shocking, though sadly, not at all surprising. It's long been known that the US state acts as the armed enforcer of American private interests and enterprise, but this sinister symbiotic relationship has effectively become reversed in recent years. I wonder if Pakistan will be demanding
extradition of the other two Blackwater employees who knocked down and killed an innocent person with their car as they raced to the scene of Davis's little killing spree. I know Blackwater has been rebranded as 'Xe' because of the deservedly highly negative associations, but that particular rose by any other name is still full of pricks.
He has still got the High court decision to come, his last chance at being prised away from Pakistani justice.
It seems that have a problem with getting to grips with summary justice in their country, namely the assassination of the Punjab Governor and now that of Mr. Bhatti.
The Pakistani justice system seems to side with the prevailing course following a stricter sharia interpretation, not necessarily any western humanitarian ideals, so whatever should become of him, I would advise him to plead guilty and go to prison for a while, until the situation changes in Pakistan.
Current religious fervor flavouring the debate around the blasphemy laws, now taken off the parliamentary agenda after Mr. Bhattis death, will not endear the population to a quick fix, immediate release of Raymond Davis, especially not when it looks like american arm twisting, it would cause riots.
Now I'm no diplomat, but Obama ought to see this coming and let this tough man sit out a few month in a Pakistani jail, he's special forces and would survive.
To risk civil unrest at times when the democracy bug spreads through Arab societies like a dose of salts, when heightened objective views , heated debates about free speech, tolerance and elected Governance rage everywhere, such obvious disregard for human dignity and a due process of law in the country you call your partner, would be reagrded as an outrageous slur on Pakistans integrity.
After some time negotiations can be picked up again, when public perceptions are less high to a sensitive approach, which should show respect for Pakistans justice system, not wind everyone up with sheer ignorance of the rituals of face saving.
That said, once back, I would jail him here for some time, cause he and his compatriot have killed. It would not look good if he comes back to a great party athmosphere a la Megrahi, it would damage the already very tense relationship between Pakistan and the US even further, imho.
But then I'm only a stone mason, not a diplomat.
please don't tell me to write it all again because its lost.
How intense will this debate get? about as intense as a tortoise runs?