Dave Galanter
December 1st 1969 - December 12th 2020
He was loved.

The Thor Message Board >> View Post
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Member Since: Wed Mar 30, 2016
Posts: 956
In Reply To
bouken red

Member Since: Sat Jul 15, 2017
Posts: 384
Subj: That’s all true, but Thor’s situation was a bit different
Posted: Sat Dec 09, 2017 at 10:56:38 pm EST (Viewed 230 times)
Reply Subj: The so-called "diplomatic immunity" applies only if two sovereign states have diplomatic relations with each other.
Posted: Sat Dec 09, 2017 at 08:11:23 pm EST (Viewed 264 times)

Previous Post

Diplomatic Relations would usually entail that both sovereign states maintain an embassy on each others territory. As an example, Asgard should have an embassy on US soil, and the United States should likewise have an embassy on Asgard. Which of course there isn't.

Asgard should enter into treaties with other sovereign states, which there is none.

There must also be "Reciprocity" among sovereign states. So, if the US extend diplomatic immunity to the head of state of Asgard, then Asgard should also extend diplomatic immunity to the President of the United States.

Also, diplomatic immunity cannot be extended to all Asgardians. They are usually given only to high ranking officials of certain sovereign states, such as the head of state, ambassador, maybe consul, diplomats...etc.

And I cannot stress this enough, because this is the subject of most misconceptions regarding this concept....diplomatic immunity does not mean that those enjoying this privilege can do whatever they want without any repercussions.  They are still subject to the laws of other juristictions, they are just extended "freedom from arrest" and are guaranteed safe passage out of the country. So, if the ambassador from Asgard went on a killing spree, does that mean he is not subject to criminal law? No. He is still technically guilty, but due to his diplomatic immunity, he cannot be detained and imprisoned. However, he can be expelled from the country. 

The diplomatic immunity was a result of Asgard itself becoming an embassy.
Asgard personally saw to it that two mortals (Americans) represented Midgard in the Council of Realms. Not quite an embassy on Asgard, but close. So there’s technically no embassy on Asgard, there’s also no reason to put an embassy in an embassy.
Asgard has entered several treaties with several realms.
Theoretically there is reciprocity as Asgard has had no reason to be angry at someone with diplomatic immunity in the US, but if it came to it they would probably do what they wanted.
I may have misspoken when I said all Asgardians get diplomatic immunity since Stark says “You would get diplomatic immunity” to Thor so he may have been speaking about Thor or Thor and his people.
Yes he would still be guilty of crimes, but he couldn’t be arrested, charged, or prosecuted. So he’s kind of not bound to the law. Sure, they could expel him from the country, but he’s got the whole universe. Not much of a punishment

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