US notifies Davis as member of 'administrative and technical' staff on January 20

The US had notified Raymond Davis, charged with killing two persons in Lahore last month and who is being reported as a CIA operative, as member of 'administrative and technical' staff of US Embassy prior to the incident, it has been learnt.
While demanding diplomatic immunity under Vienna Convention on Diplomatic Relations 1961, the US is of the view that it had notified on January 20 that Davis was a member of 'administrative and technical staff', therefore, he enjoys immunity from prosecution, it has been learnt.
Raymond Davis, whose diplomatic status is still dubious, was arrested on January 27 after he shot and killed two persons in Lahore. He had told the court to have fired his gun in self-defence. The Lahore High Court has postponed the hearing of the Davis case until March 14 on government's request to provide details of his diplomatic status. The incident had rattled relations between the allies in war against terror, however, both sides have vowed not to allow the Davis case to come in the way of this mutually beneficial partnership.
Legal experts on international law say that the administrative and technical staff under the Vienna Convention on Diplomatic Relations enjoys international privileges and immunities. Pakistan is signatory to the treaty to which US is also party without reservation, along with 185 other countries. Earlier, Prime Minister Yousuf Raza Gilani had also referred to it in his policy statement while addressing the National Assembly.
There are obligations under treaty and states are free to appoint members of their mission. When appointed the members of missions enjoy immunities and privileges. However, there is a requirement for sending state to notify to the host state's Ministry of Foreign Affairs, but that notification is consequence of appointment and respects the local law.
In addition to the Vienna Convention on Diplomatic Relations, there is an optional protocol to which both Pakistan and the US are signatories according to which there is a provision for the dispute to be notified to International Court of Justice (ICJ). The states can also take the matter for arbitration.
If the countries go to ICJ under optional protocol of Vienna Convention, ICJ would have mandatory jurisdiction. Decision would be binding on the states, who would then be obligated to perform. It would be the responsibility of the concerned state to bring its actions in conformity with the international law. But, that is rare and most of the cases are resolved bilaterally.
Sources said that diplomatic passport and diplomatic visa necessary for diplomatic immunity while clarifying that there was no need to have diplomatic passport or diplomatic visa, it is the discretion of any government under Vienna Convention to appoint anyone in the embassy and the person will have the diplomatic immunity. A diplomatic source in US embassy Islamabad also clarified that Raymond Davis did not go on hunger strike in the prison.