Double Jeopardy: Domestic Workers in Diplomatic Households and Jurisdictional Immunities

Abstract

The scope of diplomatic immunity and rights claims by domestic workers in diplomatic households have been the subject of a series of cases in U.S. and U.K. courts in recent years. Parallel to these cases is a related but distinct body of case law on the immunities of states and possible exceptions to immunity claims that arise in the sphere of employment relations. Against this background, international law on state and diplomatic immunities has become increasingly fragmented and uncertain in its scope and application. This Article examines the evolving laws of diplomatic and state immunity as they apply to the employment of domestic workers, with particular reference to the evolving case law in the United Kingdom and the United States. The picture that emerges is a fragmented one, suggesting continuing uncertainty on the part of courts and tribunals when faced with immunity claims. This fragmentation and, at times, dissonance go to the heart of competing views of the purpose of international law and its declared values. The case law and evolving human rights norms examined here reveal a willingness to question the scope and purpose of immunity claims. What remains, however, is a tangled web of state and diplomatic immunity laws, with limited and often highly contested exceptions that pose significant difficulties for domestic workers who seek effective remedies for their claims.