Paris believes Dominique Strauss-Kahn has no diplomatic immunity

Le Monde:

Does Dominique Strauss-Kahn have diplomatic immunity? After the indictment of the IMF's managing director for sexual assault, kidnapping and attempted rape, the Elysee Palace is looking into whether Strauss-Kahn has immunity from prosecution. The answer for now is no. "There is nothing that would allow us to conclude that he has any diplomatic immunity and the Americans consider him not to have immunity" said one French politician.

Heads of major international institutions have immunity almost equivalent to those of ambassadors and heads of state. "Our embassy in Washington is keeping abreast of developments" said one top French official.

The first issue is clarifying how Washington applies diplomatic immunity to heads of major international institutions located on its soil. The IMF in itself has an ambiguous status, as it is established as a bank. The second issue concerns the range of acts covered by diplomatic immunity, particularly within the United States.

Everything hinges on the specific charges. A diplomatic source said that sexual harassment may be covered but not kidnapping. The IMF Articles of Agreement (Article IX) specifically state that its officials "cannot be prosecuted for acts performed by them in exercising their official functions, unless the Fund waives this immunity". Strauss-Kahn was apparently not in an official capacity in New York the day the incident took place.

French authorities have preliminarily concluded that Strauss-Kahn is not entitled to special treatment. "To me, there is no immunity" said one adviser to Mr. Sarkozy. "It is a matter for the IMF and the host country, the United States. His French citizenship is not a consideration in this matter”, said a French diplomat.

Based on the analysis of his lawyers, Mr. Strauss-Kahn will likely refine his legal strategy. He has pleaded not guilty in New York. Strauss-Kahn has been visited by the consul of France in New York and had the assistance of a lawyer.

In his function as director of the IMF, Strauss-Kahn is scheduled to participate in the G8 meeting in Deauville on May 27 and to meet heads of state from Tunisia, Egypt and other African nations.

--Le Monde blog post, translated into English