Pfarr v. Anonymous

Title: Pfarr v. Anonymous

Description:

Diplomatic relations — Diplomatic immunity — Immunity from jurisdiction — Action by domestic servant seeking compensation for alleged acts by diplomat — Whether diplomat protected by diplomatic immunity — Whether immunity absolute — Whether immunity from both civil and criminal jurisdictions — Purpose of immunity — Whether immunity applicable in case of grave human rights violations — Whether diplomat deciding upon own immunity — Whether application of German law incorporating Vienna Convention on Diplomatic Relations, 1961 violating constitutional rights under Basic Law for Federal Republic of Germany — Whether diplomat exempt from jurisdiction of German courtsHuman rights — Grave human rights violations — Whether diplomatic immunity applicable — Whether infringement of constitutional guarantees — Property rights — Right of access to court — Whether necessary that plaintiff’s claim enforceable in sending State — Compensation — Rule of law principle — German law incorporating immunity — Whether violating constitutional rights — Whether diplomat exempt from jurisdiction of German courtsRelationship of international law and municipal law — Treaties — Application — Vienna Convention on Diplomatic Relations, 1961 — German law incorporating Article 31(1) of Vienna Convention — Relevance of public international law rules — Whether immunity applicable where grave human rights violations — Whether entitlement to immunity dependent on existence of alternative means of securing redress — Basic Law for Federal Republic of Germany — Constitutional guarantees — Whether law incorporating treaty unconstitutional — Whether diplomat exempt from jurisdiction of German courts — The law of Germany.