Indian diplomat tells of anguish at leaving US without children

[jimmy olsen]

I don't get it, if she had diplomatic immunity when the act occurred, then why are they able to refile the charges?

Look at the article someone posted in this thread, which clearly stated that

The prosecution is able to pursue a new indictment now or in the future since Khobragade no longer possesses diplomatic status or immunity, the ruling said.

That's why.  It is meaningless unless she returns to the US.

I read it, I don't get it. That's why I asked the question.

What is the point of diplomatic immunity if you can just refile charges once it has been revoked? If it happened while the person had diplomatic immunity that should be the end off it.

[Caliga]

Tim, I think the idea behind it is that it's supposed to protect the diplomatic relationship between two countries that the diplomat is fulfilling while in that role, not to give the diplomat carte blanche to do whatever they want to with no consequences, ever.

[grumbler]

I read it, I don't get it. That's why I asked the question.

What is the point of diplomatic immunity if you can just refile charges once it has been revoked? If it happened while the person had diplomatic immunity that should be the end off it.

Diplomatic immunity is immunity from prosecution, not carte blanc to commit any crime and get away with it.  Once a person leaves (voluntarily or otherwise) the position for which immunity has been granted by the host nation, the immunity no longer applies.  Again, this only matters if the person returns to a country which has declared them persona non grata.

[OttoVonBismarck]

Nope. AFAIK, the only recourse you technically have with diplomats is to kick them out and/or complain to their country of origin. Of course, most countries will instruct their representatives to behave appropriately and comply with the local rules - because you generally don't send representatives to cause trouble, and riling up the locals counts as causing trouble.

There's different types. IIRC the Indian bitch in question had a type of "transactional immunity" that is sort of like a Congressman's immunity from arrest--it only applies while they are traveling to the Congress for a vote (exceptions exception blah blah), she was immune from prosecution relating to her duties. Which means she was a relatively lower ranking official, like the Indian Ambassador to the United States has full diplomatic immunity. If he seriously crossed the boundaries he would be expelled formally and sent back to India, and India might be expected to prosecute him under Indian law (which typically if you're an Ambassador who commits a serious crime in a host country there's a decent chance of this happening since you've really shamed your country.)

[OttoVonBismarck]

You also have to accept someone into your country with diplomatic credentials or whatever. It's not like India would try, but if they wanted to send her back as an official with diplomatic immunity the U.S. would decline to accept her credentials, and if she came to the country anyway would be perfectly valid under U.S./international law for arrest since we did not agree to extend her any form of diplomatic recognition.