This sounds like something the United States will most likely prosecute if he was not truly defending himself from an attack. If he is guilty, it is still more humane to prosecute him here in the U.S. to protect him from malpractices in a foreign nation like Pakistan where he, as an American, is likely hated and would also face severe penalties. Diplomatic immunity in this case is a good tool and I am glad it exists for these reasons.

There are certain things we as human beings have to set straight without getting emotionally involved when injustices taken place in certain places and societies. We have two cases: one in Italy involving non-diplomat American student who were charged for manslaughter. Since it happened in Italy, and she is non-diplomat, justice was carried out by following all criminal procedures accepted as 'standards' by western countries. Her case is still being disputed by American lawyers, and it is possible in a democratic and open society. As I mentioned, it happened in Italy not Pakistan or any third world country. Pakistan is our 'ally' to fight terrorism, while our country has never been involved in developing in any civil institutions except providing humanitarian and military aid. While we preach 1961 Vienna Convention on Diplomatic Relations, we are trying not to get involved in putting pressure in countries like Pakistan to implement 1948 the Universal Declaration of Human Rights. I think latter declaration precedes 1961 Vienna Convention and gives more protection to any human being. The UN declaration is not anymore just part of interior affairs of any country; it is part of us as human civilization.

Even "If" Raymond was a member of the Lahore consulate his status would be governed by the 1963 Vienna convention re. consular immunity not the 1961 Vienna convention re. diplomatic (i.e. employees of the Embassy). Any member of the consulate can be prosecuted for crimes like this, even a consular general.

http://en.wikipedia.org/wiki/Consular_immunity

It appears the US government is trying to scramble after the fact to find him diplomatic immunity as a technical advisor to the Embassy in Islamabad despite no evidence yet that he registered as a diplomat or was received as such, there isn't even any evidence he was ever in Islamabad. Likewise, US officials have previously claimed he provided support to the consulate rather than the embassy. Don't we believe in the rule of the law? - the Pakistani courts can ascertain his status after the facts have been established.

According to Peter Spiro, the US government admits Raymond Davis is "technically" a contractor, but he's really a member of the diplomatic staff.

That's like saying that "technically" Barack Obama was born in Africa but his heart is really in Hawaii.

Or "technically" Lindsay Lohan took the necklace, but she didn't actually steal it.

Or "technically" the Blackwater employees who shot up Iraq worked for a contractor, but really they were embassy staff.

If Davis was a contractor he was self-employed, and if he was self-employed he wasn't diplomatic staff.

If the US govt admits Davis is a contractor the game is up. He goes free not by the rule of law, not by any Geneva convention, but by power politics.

That's why Peter Spiro hastens to add that "millions of dollars in U.S. aid may hang in the balance for Islamabad."

You might expect the government to respect the rule of law. Those days are evidently gone. You might expect after Egypt that it would avoid heavy-handed power politics. We begin to suspect the US government may be not only unprincipled but dumb.

Pakistanis in the street know they'll never see a penny of those millions of dollars. But as Pakistani newspapers make crystal clear, they're keenly aware when the US government tries end run around the rule of law.

Bring our guy home from that God aweful place known as pakistan.

Lets hypothetically say a foreign diplomat esp of a third world country, were to shoot the US president, then there is no way in hell that we will be follow the Vienna Convention, and let him go.
Justice is the interest of the strong - Thrasymachus 2500 years ago
Sorry Pakistan thats how the world is!

what universal protocol is adhered to when the drones kill hundreds in Pakistan. So shut the F*** up and deal with the reality. One more back to stone age statement will be delivered and the cowards in Pak will bend.

There are two cases brought up here. The case of the Indian diplomat in UK who allegedly assaulted his wife and the case of the Georgian diplomat whose immunity was revoked by Georgia. The Pakistani case is fundamentally different from the UK/Indian one because it involves a US diplomat killing citizens of the host country and not a domestic case of violence. Georgia, on the other hand did not want to lose the goodwill or aid of a superpower and therefore revoked the diplomatic protection of their own diplomat. The real question is: What would the US administration and media do if a Pakistani diplomat were to end up killing couple of Americans by accident or intention on the streets of Washington ? A quick reflection reveals that this is really a question of relative powers of nations and not legalese as the author of this article tries to portray. Disclosure: I am originally from India.

This is what Kerry is doing now and will likely to work. Money worked very well to keep the Egyptian military on our side so I don't see why it wouldn't work here. A prisoner swap could also work.

After putting a spin on the actual incident author mentioned a few non-related cases of parking tickets and domestic violence by diplomats. Here are some facts.
Altogether Raymond shot about fourteen bullets, some from inside the speeding vehicle with close windows and others after getting out on the boys who were running for their lives. Not even one missed the target. Speaks enough for his “diplomacy skills”. Then another “diplomat” following him hits a nearby person who also dies at the spot. Tragedy does not end here. Widow of one of the person shot by Raymond commits suicide stating, … “She has no hope of receiving justice”
American consulate has no answer for who Raymond is? What are his duties? Why was he roaming in non-official vehicle? Why was he having photographs of various sensitive and secure places? Why was he carrying GPS and weapons without license? They have even refused to disclose the identity of the hit and run driver.
As for the immunity, Foreign Minister of Pakistan has clearly stated Raymond is not a diplomat and hence has no immunity. Unfortunately for him he was sacked for speaking the truth.

Vienna Convention on Consular Relations of 1963, Section II, Article 41 of the treaty, in its first paragraph regarding the “Personal inviolability of consular officers,” states:

“Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.”

This certainly falls under the grave crimes category. The Lahore police have determined that it was not an act of self defence but of murder and he has been indicted in court for that. They have also recommended filing espionage charges against him but the federal govt does not want to do that at least as yet. The police recovered pictures of sensitive military sites and madrassas and other buildings in and around Lahore on Davis' digital camera. Also found in his possesion were a Glock handgun, a flashlight that attaches to a headband, a pocket telescope, a large number of cellphones, including at least one satellite phone, a collection of batteries, bucketloads of bullets, both for the Glock and a Beretta allegedly used by Davis to kill the two motorcyclists in his pinpoint shots through his front windshield, and a load of M-16 shells. Police report that the bullets were high-powered killer projectiles not allowed in many countries. There were military-grade knives, wires, and a surprising array of high-capacity magazines for the handguns

And what about the suv with Davis' colleagues that tried to rescue him driving recklessly the wrong way and then killed an innocent motorcyclist while reversing at high speed. And it also seriously injured 2 women. I doubt that the driver of that vehicle has immunity.

Is it not the law in every country in the world that one has to wait for the police after being involved in a serious traffic accident in which someone gets killed or when one kills someone in 'self-defence'. His attempt to run and his request to his colleagues to extricate him speaks volumes as he was under no threat then. The crowd of people did not hurt him at all but only prevented him from running away and tried to prevent the suv trying to extricate him from driving away after it ran over and killed an innocent motorcyclist. As per eye eye witnesses, the four occupants of that suv had trained their guns on the people who had surrounded the suv and threatened to shoot if they did not get out of the way.

Pretty high powered pressure is being brought to bear by Obama and Kerry to let Davis go. Why don't they just tell us what exactly what Davis was doing there that day, and what exactly was his job in Pakistan? No one from the US embassy in Pakistan has as yet answered these questions.

Ambassadors, at least, are required to present their diplomatic credentials upon entering the host country. Maybe there is a need to extend this protocol for all diplomatic personnel. If the authorities in the host country know up front who does have accredited diplomatic immunity, then these sort of disputes simply would not occur.

It surprises me greatly that this is apparently not already standard practice worldwide.

Davis is a consular diplomatic official and a christian mass killer. The law for US is different than the international law for Pakistan. I wouldn't appeal much to International law if I were you. International law didn't help Iraq much did it?
shalom dr.k.

The American and Israeli Might are mightier than the AlMighty Himself?
Lest we forget the New World Order whose seeds were layed in the mid
70s finally bloomed in 2000 AD under the GWB administration. To day
international laws will be interpreted on basis of war against terrorism.
Only the above two countries and their bosom allies will not be charged
for any act no matter how violent for terrorism. All other nations fall in the catagory of terrorism if such incident or accident is committed on their soil or in the allied soil. The truth will remain hidden about the real
intented visit of Raymond Davis to Mozang square in Lahore(Pakistan).
Did he lose his cool being shadowed and decided to shoot first and ask
later, having got the assurance of Diplomatic Immunity he now finds too
heavy like a millstone around his neck. Incidently America was not the cradle of civilization nor the hub of non-violent culture that the american
public seem to claim.

What is the problem here? This is simply a glimpse into the methodology that maintains the status quo. Sure you may not like it but it sounds like many people want to wait for spontaneous world peace to break out and stop the need for such things. Till then accept it and be grateful that there are those who do what you can't or won't.

Pretty much, unless your own government gives you up. Lets hypothetically say a foreign diplomat esp of a third world country, were to shoot the US president, then there is no way in hell that we will be follow the Vienna Convention, and let him go. Justice is the interest of the strong - Thrasymachus 2500 years ago Sorry Pakistan thats how the world is!. "(Update: It was reported on Feb. 21 that Davis had been working for the U. S. Central Intelligence Agency while in Pakistan golf bag. The State Department maintains that since he was notified as a member of the embassy's "administrative and technical staff" when he entered Pakistan, he still enjoys immunity. )" Widow of one of the person shot by Raymond commits suicide stating, She has no hope of receiving justice American consulate has no answer for who Raymond is? What are his duties? Why was he roaming in non-official vehicle? Why was he having photographs of various sensitive and secure places? Why was he carrying GPS and weapons without license? They have even refused to disclose the identity of the hit and run driver. As for the immunity, Foreign Minister of Pakistan has clearly stated Raymond is not a diplomat and hence has no immunity. Unfortunately for him he was sacked for speaking the truth.