Ronald's Tower: Castle and Public International Law

Sunday, November 26, 2017

Castle and Public International Law

Post the essay here.

Instructions are the same as that of Korra, except for the grading metrics.

5 pts scene description.
5 pts international event
5 pts Public International Law that they illustrate

50 comments:

Reinna SyNovember 29, 2017 at 9:46 PM
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Reinna SyNovember 29, 2017 at 9:54 PM
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Reinna SyNovember 30, 2017 at 12:05 AM
Garner (Mwenda, 2011) defined diplomatic immunity as the ‘general exemption of diplomatic ministers from the operation of local law’ however this protection is limited by the agreement and policies of both sending and receiving state as stated in Article 10 of the Vienna Convention on Consular Relations. In Episode 16 of the third season of Castle, the issue of diplomatic immunity was applied when Beckett and Castle approached the mysterious last passenger of the murder victim, Amir Alhabi. They drew their guns and searched the man for hidden weapons and they found a 9mm gun, similar to the murder weapon that they’re looking for. While looking for concealed weapons permit, Beckett found the man’s ID and it turned out that the man is Fariq Yusef, a Syrian Consulate. Beckett asked Yusef about his involvement in the murder case and Yusef replied with, “I have diplomatic immunity, you have no stand in questioning or detaining me". Due to this reason that Yusef was not handcuffed and brought to the precinct to be interrogated or detained as a suspect for the murder case. They let him go. With further investigation, they found out that Fariq Yusef’s official title is the Head of Security of the Syrian Consulate and a Secret Police member. Even though Fariq Yusef has diplomatic immunity, this does not cover immunity from criminal jurisdiction especially if the act done was not in connection with his official duties. However, Fariq Yusef was not at the crime scene at the time of the murder, and online photos were enough to prove this.
In relation with the event in Castle, the Israeli guard and Rariq Yusef is protected by diplomatic immunity. For this reason that the local authorities does not have the authority to force the “suspects” to be interrogated or detained. Even if it was proven that Yusef did the crime, his actions are in connection with official duties because later events revealed that the Syrian murder victim was involved with nuclear explosives that might spark diplomatic crisis between Syria and USA. If the Israeli guard did not act in self-defence, Jordanian authorities still cannot arrest him because of his diplomatic immunity and the rule of inviolability. This event caused a diplomatic crisis between Jordan and Israel. Israel will now replace it’s ambassador to Jordan to help mend its relations with Jordan however, King Abdullah of Jordan stated earlier this month that Israel’s embassy in Jordan won’t reopen until the Israeli guard is brought to trial (BBC News, 2017).
SOURCES:
BBC News. (2017, July 24). Israel and Jordan in diplomatic standoff after embassy deaths. Retrieved November 29, 2017, from BBC: http://www.bbc.com/news/world-middle-east-40703103
BBC News. (2017, July 27). Jordan's King Abdullah calls for Israel trial over embassy deaths. Retrieved November 29, 2017, from BBC: http://www.bbc.com/news/world-middle-east-40744607?intlink_from_url=http://www.bbc.com/news/topics/crr7mlg0g2nt/jordan&link_location=live-reporting-story
Mwenda, K. K. (2011). Public International Law and the Regulation of Diplomatic Immunity in the Fight Against Corruption. Cape Town: PULP.
Staff, T. (2017, November 29). Israel to replace Jordanian envoy in effort to mend ties — report. Retrieved November 29, 2017, from The Times of Israel: https://www.timesofisrael.com/israel-to-replace-jordanian-envoy-in-effort-to-mend-ties-report/
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UnknownNovember 30, 2017 at 9:33 AM
Ramly Cloie Q. Ramirez (3POl2)

Castle: Set-up (S3 Ep16)
US Homeland Security as a Mediator

One can effectively offer resolutions in a dispute between two parties by having a neutral standing, in other words, being just a mediator. In employing to a peaceful resolution as an alternative means in solving a particular dispute rather than resorting to an immediate war, the act of meditation is one of the possible strategy in diplomatic negotiations for establishing a peaceable relation in the international arena as well as on providing best possible solutions. In the Castle, Season 3, Episode 16, Amir Alhabi, a Syrian immigrant which was employed as a New York taxi driver, was found murdered while his taxi was bared into several pieces. Meanwhile, Richard Castle and Kate Beckett, together with the NYPD, began to investigate about the murder case and later found out that there was a storage unit for explosive devices that can be used in conducting bomb threat as principle means of conducting the act of terrorism. With this, the Homeland Security, led by Agent Mark Fallon, began to interfere and to take charge with the NYPD regarding the case since the concept of terrorism is at play, which is one of their main concerns in conducting security in the US. In relation to International Law, the US Homeland Security acts as a mediator in the murder case by being a neutral third party in offering solutions in the case. The US Homeland Security never took sides because their only central concern is to ensure the peace and security of the town as well as to strive for any anti-terrorism attacks. Moreover, a mediator only relays the gathered information and define the problems in the case between the affected parties rather than to take sides which prioritizes one over the another. Considering this, the US Homeland Security meddled in the murder case of Amir Alhabi not to take its absolute authority in solving the case but rather to offer assistance and solutions to NYPD in ending the planned on imposing bomb threat in the homeland. Hence, a mediator considers as the savior of the day.

In reality, mediation is one of the principal or alternative methods use on solving dispute between conflicting countries before resorting to any forcible sanctions or war. Since its main role is to act as a neutral party and as part of the good offices in resolving a dispute, a mediator often attains peaceful resolution in the relationship of affected countries. Similarly, the United Nations acts as a mediator in ensuring peace and security in the relation of states within the international arena. As stated in the Art. 1 of the UN Charter, the United Nations pursues for “the maintenance of international peace and security by not resorting to any form of violence or any acts of aggression, ensures for the further development of harmonising relations between states and strives for the achievement of international co-operation in solving disputes”. Therefore, UN is a global mediator in addressing international issues and concerns of nations. The dispute over the Western Sahara between its indigenous Saharawi and Morocco have caused endless insurgent threats since both wanted for self-determination over the disputed land. By means of peace and security measures, UN meddled and began to settle the dispute by means of brokered-truce in 1991 which ended some insurgent aggressions and war in the Western Sahara. Achieving peace and security by the UN as a mediator not only considers the Western Sahara dispute but also to various international issues in which it is generally subjected to. Correspondingly, the acts of mediation serve as an instrument in achieving and ending conflictual relations of nations as long as it will pursue peace, security and amity of nations without taking sides between affected parties.
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UnknownNovember 30, 2017 at 1:35 PM
Guerzon,Agustin III D.
Season 2 Episode 11 "The Fifth Bullet"
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UnknownNovember 30, 2017 at 2:28 PM
CULALA, Jewel M.
3POL2
Scenes from Season 2 Episode 11 & Season 3 Episode 16
I. The Sacrosanctity of Bahir Harun and Fariq Yusef
The exercise of diplomatic immunity and privileges are prevalent in the series ‘Castle’. In fact, in Season 2 Episode 11 when Victor Fink, an art dealer, was shot on his own gallery involving his ties with an attaché at the Bahrain consulate named Bahir Harun being the last person whom he talked to an hour before he was dead, the latter enjoyed his full diplomatic immunity quite well. It was seen on how Beckett and her company didn’t even bother asking him the moment they knew he was involved since he enjoys a full diplomatic immunity. Also, even though he agreed to talk voluntarily with Beckett and Castle regarding his involvement with the murder of Victor Fink, when Beckett told her she wasn’t done asking yet, Mr. Bahir Harun asserted his diplomatic powers by choosing what to say and when to go. Additionally, at the latter part of the episode when the Mr. Harun was already leaving, he employed his diplomatic privilege by not allowing Castle and Beckett to investigate and check his car.

Accordingly, in Season 3 Episode 16, a Syrian consulate named Fariq Yusef was also involved in a murder of Amir Alhabi, a New York taxi driver since he was the last passenger of the said murder victim. However, when Beckett asked him questions, he clearly stated that she had no right to interrogate him or detain him since he invoked his full diplomatic immunity being the head of security and member of the secret police. There is also parallelism between the two diplomats in the two episodes since Fariq Yusef, when asked by Castle on his involvement only chose what to say and when to go.
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UnknownNovember 30, 2017 at 2:31 PM
II. The Sacrosanctity of Grace Mugabe
Recently, the first lady of the Republic of Zimbabwe, Dr. Grace Mugabe was allegedly involved in an issue last August 2017 assaulting a 20-year-old model in Johannesburg named Gabriella Engels by whipping her with an electric extension cable that cut her forehead. However, the foreign minister of South Africa, Maite Nkoana-Mashanabe granted the first lady a diplomatic immunity not to be charged by the South African model. She was allowed to leave South Africa and avoid prosecution despite allegations of her being involved with the said model (Thornycroft, 2017). Additionally, Grace Mugabe was also allegedly involved in assaulting a newspaper photographer in Hong Kong way back 2009 but no charges were brought against her (Reuters, 2017).

III. Diplomats as Sacrosancts
In international law and diplomacy, diplomats are considered as sacrosanct who enjoys diplomatic immunities and privileges just because they are the representation of their sovereign state next to their respective head of state. Thus, when Bahir Harun and Fariq Yusef, an attaché to the Bahrain consulate and a Syrian consulate, and also first lady Grace Mugabe were involved in crimes while they were on their receiving states, they were protected by their privileges as a diplomatic figure. The diplomatic power of the three figures aforementioned are legitimized by the United Nations Conference on Diplomatic Intercourse and Immunities adopting the Vienna Convention on Diplomatic Relations in April 18 1963 and also due to the Vienna Convention on Consular Relations dated April 24, 1963. According to Article 17 of the latter convention, as a representative of the sending state, consular officers are entitled to enjoy any privileges and immunities which justify Bahir Harun and Fariq Yusef invoking their diplomatic powers (Vienna Conventions on Consular Relations 1963, 2005). With regards to Mugabe, she is protected by the 1961 Vienna Convention on Diplomatic Relations and the local legislation of South Africa through its Diplomatic Immunities and Privileges Act of 2001 ( (Africa Check, 2017).

REFERENCES:
Africa Check. (2017, August 15). Does diplomatic immunity give Zim’s Grace Mugabe a get-out-of-jail-free card? Retrieved November 30, 2017, from Africa Check: https://africacheck.org/spot-check/diplomatic-immunity-give-zims-grace-mugabe-get-jail-free-card/

Reuters. (2017, August 19). South Africa grants Grace Mugabe diplomatic immunity – report. Retrieved November 30, 2017, from The Guardian: https://www.theguardian.com/world/2017/aug/19/south-africa-grants-grace-mugabe-diplomatic-immunity-report

Thornycroft, P. (2017, August 20). South Africa grants Grace Mugabe diplomatic immunity after she allegedly attacked young model. Retrieved November 30, 2017, from

The Telegraph: http://www.telegraph.co.uk/news/2017/08/20/grace-mugabe-granted-diplomatic-immunity-returns-zimbabwe-allegedly/

Vienna Conventions on Consular Relations 1963. (2005). Retrieved November 30, 2017, from United Nations: http://legal.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf
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UnknownNovember 30, 2017 at 4:35 PM
Fraginal, Leif Arden A.
3POL2

Season 2 Episode 11

I.
Season 2 Episode 11 of the series “Castle” entitled “The Fifth Bullet” revolves around the story of an art dealer, Victor Fick, who was shot dead in his art gallery. What made the case unusual is that his murder involved a conspiracy between a man who was there in the crime scene but had developed amnesia, Jeremy Prestwick, Fick’s assistant, and a diplomat from Bahrain, Basir Harun. It turned out that Fick’s assistant murdered his boss so that he can acquire the painting owned Prestwick and sell it Harun who in turn sell’s paintings whether they are authentic or fakes.

II.
The Public International Law that was very evident in the episode is the Right of Legation, namely the Diplomatic Immunity of diplomats as enshrined in the Vienna Convention on Diplomatic Relations which states that diplomats are not liable to arrest or prosecution to misconducts they have committed within the receiving country’s territory. Harun repeatedly used his privilege in order to avoid being prosecuted despite him admitting that he is involved in buying and selling of forged artworks which is punishable under the law, and to avoid being questioned intensively by the New York Police Department.

III.
The actions showed by Harun demonstrated that diplomatic privileges such as their immunity are prone to abuse. Indeed as this has been evident throughout the past. One such incident that had similarities with Harun’s actions is the case of Shuji Simokoji, a Japanese diplomat in Vancouver who beat his wife back in February 1999. Despite his actions being punishable by Canadian law, he arrest was not carried out because of his diplomatic immunity. What made the situation worse is when he showed no remorse in his action as even describe the incident as a “cultural thing”. Just like the case of Mr. Simokoji, Harun was able to avoid arrest and prosecution when Castle and Beckett tried to charge him during an investigation on his belongings in his car.
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UnknownNovember 30, 2017 at 4:54 PM
Roldan, Jericho Cesar M.
3POL2

S03E16 & S03E17

On episode 16 of season 3 of Castle, there was this diplomatic official who has was suspected as the killer of Amir (the cab driver). This official was Fariq Yusef from the Syrian Consulate. Not knowing his identity, Detective Beckett went to him trying to arrest but Fariq Yusef said that he had “diplomatic immunity”. Diplomatic immunity means that he cannot be arrested and detained as in the principle of public international law. On episode 17 of season 3 of Castle, all of the protagonists were out of clues on where to find the bomb, so they contacted Fariq Yusef. They wanted to fish out information from him but Fariq Yusef said that it is not on their job to spy on U.S. citizens and that they are ony here for diplomatic purposes. In public international law, the chief functions of diplomats are only for diplomatic purposes only and observing the country and report back to their country. It is not their job to ‘spy’ on a country however, the diplomats were allegedly called ‘spies’ because they have diplomatic immunity and they are protected by public international law. So, Fariq Yusef knew the information that the protagonists needed and told them where the bomb was located even though he told them that it is not his job to spy on them. In relation to the real world, back in 2013 there was this U.S. diplomat who was accused of spying Russia but they can’t arrest him because he has diplomatic immunity similar to that of Fariq Yusef in the Castle series.

REFERENCE:
Beekman, D. (2013, May 15). Russia orders U.S. diplomat to leave the country after claiming he's a CIA spy. Retrieved November 30, 2017 from: https://www.google.com.ph/amp/www.nydailynews.com/amp/news/politics/u-s-diplomat-detained-moscow-spying-article-1.1343233
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Jam CalinisanNovember 30, 2017 at 5:04 PM
Calinisan, Jamaela Cherina Marie A.
3POL2

What is common among the episodes in the TV series ‘Castle’ is the presence of concepts of international law and in some episodes, terrorism. Just like what happened in Season 2, Episode 11 of Castle, there was an art dealer named Victor Fink who was shot and was found dead in his own gallery. Coincidentally, an amnesiac man happened to pass by the gallery with a book in his hand – the same book with a bullet from the same gun used in the crime stuck in it. As Beckett and Castle investigate the crime, they found out that there was one bullet missing which was the fifth bullet. An old assistant of Fink revealed that Fink pays him to paint replicas of high-priced paintings and would then sell them as originals to an attaché at the Bahrain consulate – Bahir Harun – but Beckett and Castle cannot investigate Harun due to his diplomatic immunity as an Arabian diplomat.

Because diplomats or diplomatic envoys are said to be embodiments of the states they come from, they are considered as sacrosanct just like the head of the state. As one of the diplomatic functions, a diplomat has to promote friendly relations with the receiving state and has to abide and respect the laws of the receiving state; however, diplomats enjoy diplomatic immunities and privileges. One of these immunities is immunity from jurisdiction which means that diplomats are exempted from criminal, civil, and administrative jurisdiction of the accepting country and are entitled to special protection of his honor and liberty except when the diplomat was the one who caused the initial aggression or when he/she was the one who exposed himself/herself to danger.
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UnknownNovember 30, 2017 at 6:12 PM
MACABANDO, Ma. Sittie Iwaram M.
3POL2
I. A Scene on Season 3, Episode 17 of Castle
The people in the 12th precinct are trying to find a radioactive bomb that possess a large threat on destroying the city. As the investigation progresses, Richard Castle and Kate Beckett attempted to find Nazihah Abdulah, the wife of Amir Abdulah, who is considered as one of the main suspects linked with the creation of the bomb. However, when they tried to look for Nazihah on her house, she is not there. With the involvement of Syrian nationalities in the threat imposed by the bomb, Fariq Yusef, a representative from the Syrian consulate, visited the 12th precinct in order to make a bilateral talk with Agent Mark Fallon, Richard Castle, and Kate Beckett. The informal bilateral talk aimed to avoid misunderstanding with both of the countries, Syria and United States, on the involvement of the Syrian nationalities in an act of domestic terrorism in the land of the United States.

II. Diplomatic Missions: Peaceful Bilateral Talks
Under the international law, states are obligated to settle disputes among countries in any diplomatic means that are guided with peace, justice, and harmony. The basis of this international law is the Vienna Convention of 1961. In the scene on the episode 17 of Castle, the diplomatic mission of the Syrian Consulate represented by Fariq Yusef resulted to a calm and respectful exchange of discourses on both of the parties. Both of the parties are aware that cooperation in form of a friendly exchange of discourses is a must to suppress any act of domestic terrorism and avoid any misunderstanding on both of the countries involved.

III. Bilateral Talk of Vladimir Putin and Bashar al-Assad
In accordance with the Vienna Convention of 1961, a diplomatic mission by sending a representative from the country can be a form of a peaceful mean on settling conflicts on the countries involved. The representatives can be either the chief of states, subordinate officials, consuls, and ambassadors. In order to settle the issue on the alleged accusation to Russia on inflicting Syrian civilians on its airstrikes as aid to the ongoing civil war on Syria, Bashar al-Assad, the president of Syria, visited Vladimir Putin in Russia (BBC News, 2017). Both Vladimir Putin and Bashar al-Assad recognize the need for cooperation through peaceful bilateral talks in the land of Russia similar with the diplomatic mission by Fariq Yusef on the 17th episode of Castle. The peaceful bilateral talk of Putin and al-Assad aimed to create political solutions to address the issue on the civil war in Syria. On the other hand, Fariq Yusef, as a representative on the Syrian consulate, visited the 12th precinct to help with the ongoing investigation on the threat imposed by a domestic terrorism act.

References:
BBC News. (2017, November 21). Syria: Putin renews call for political deal in Assad visit. Retrieved from BBC News: http://www.bbc.com/news/world-middle-east-42063124

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Rianna Cloei RamirezNovember 30, 2017 at 6:46 PM
RAMIREZ, RIANNA CLOEI R. 3POL2
Season 2 Episode 11

In this episode, we can see how it is interrelated with the concept of international law because in the said episode, what happened was when Esposito and Ryan in the said episode reported that Fink received a phone call from a blocked phone number that originated in New York, but was an international cellphone, registered to Bahrain cellular. They soon discovered the amnesiac's name begins wit J by his signature and so by going trough his belongings Castle and Ryan find their missing bullet- lodged in his copy of Crime and Punishment. In the International Law perspective, it is somehow interrelated on the Anti-wiretapping law because in the scene, they reported the phone call of a certain person and based on the anti-wiretapping law, It is prohibited to make use of a phone call against of a certain person.

Thus, in the real world, i can somehow relate the scene above on what happened in the National Security Agency in the United States because using chat messages or phone calls, they are spying people. It is also said that Representative Adam Schiff said he had proposed a compromise that would let intelligence agencies query a database of information on Americans in national security cases without a warrant, but would require a warrant to use the information in other cases, such as those involving serious violent crime.

Reference : Reuters US lawmaker says House intel panel consensus on NSA spy program https://www.reuters.com/article/us-usa-cyber-surveillance/u-s-lawmaker-says-house-intel-panel-near-consensus-on-nsa-spy-program-idUSKBN1DT39T
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UnknownNovember 30, 2017 at 6:54 PM
BANZUELA, JAZMEEN E.
Castle Season 5 Episode 16: Hunt
Law against Law in the Pursuit of Justice: Par in parem non habet imperium
I. Narration of the Scene
Upon calling Castle due to his suspicious disappearance, Martha and Kate find out that the crime novelist is in Paris determined to take matters into his own hands regarding his daughter’s abduction. Back in the precinct, Beckett informs Esposito and Ryan about Castle’s whereabouts to which both were surprised and concerned about the toll of the case on their colleague and friend. Esposito would question Beckett’s move – as to if she would go after him to which Beckett would reply: “And lose a day flying out there and another one tracking him down in a place where I don’t have jurisdiction and authority, no.” She would further reiterate this by stating that Castle is acting like a father and she, possessing due authority to which she is bounded by, must act like a cop. Therefore, with the available arsenal within her reach such as the NYPD’s connections to the Federal Bureau to track down private jets within the country and Ryan’s narcotics connections in order to still fulfil and attain justice due.
II. Equivalent in the Realm of Reality & its Intersection with Fiction
With the aforementioned boundaries in which Detective Kate Beckett is restricted by due to the subjects to be prosecuted are in foreign territory, one could concur this situation with the frustration surrounding a familiar case – the homicide of a Filipino transgender by a US Marine as well as the case of US alleged pedophile Roger Giese set for extradition. In both criminal cases, the aggressor took refuge on foreign land to escape prosecution. The homicide of Jennifer Laude in 2014 sparked controversy between the ties of the United States and the Philippines as custody of the assailant lies in the hands of the United States and in which the charges of murder were downsized to homicide. The family of the victim was not contented with the outcome of the trials as they feel that amidst the wrong that was received by the victim, the law did not realized its sworn duty. Not only the family felt the negative sentiment but the left-wing groups of the Philippines felt that the existing military agreements should be severed in order to prevent and solve the conflict at hand. Another case that mirrors the restrictions is the case of US national pedophile fleeing to the UK before his trial in the US, Roger Giese engaged in the battle of extradition in his flee from prosecution. While the Federal authorities of the United States issued a warrant for Mr. Giese on the grounds of “unlawful flight to avoid prosecution” was combatted by the grounds of human rights by the High Court judges.
These scenarios coincide with the boundaries that encompassed authority in terms of law in the international arena. The involvement of civilians and their seemingly witty use of international law has worked to their advantage and denial of justice to those aggrieved. Castle’s impulsiveness in the onset of his primal instinct to protect his offspring has given him the freedom to pursue the case on foreign ground despite the extra-judicial means involved in his pursuit. While Beckett on the other hand was detained by the intangible role that she has – being an authority of the law of the United States. The frustration on both ends reflect how the system of international law can be detrimental to individuals in a more micro sphere.
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AnonymousNovember 30, 2017 at 6:59 PM
Del Rosario, Job Louis Andrei P.
3POL2
In Season 2 Episode 11 entitled The Fifth Bullet, concepts of international law are present. In this episode, an art dealer named Victor Fink was shot on his gallery. There are alibis of the suspects that crossed out Darius Langley from the potential suspects. Interestingly, when Beckett and Castle investigated the crime scene, they found out that there is a missing bullet since there is an extra bullet casing. Eventually, it was revealed that there is an agreement between Fick’s assistant named Jeremy Prestwick and Basir Harun which is a diplomat from Bahrain. The agreement is that Prestwick will murder Fick and sell Finks paintings which are fake to Harun and the diplomat will sell the paintings on his country and tell it is authentic. In public international law, there is a concept named diplomatic immunities and privileges which is stated on Article 29 of Vienna Convention. A deeper concept is the immunity from jurisdiction that is defined as there is an immunity from civil and criminal jurisdiction of the receiving state. Furthermore, Article 29 stated that diplomats are not eligible to be arrested and they are not compel to give testimonies. Harun used this immunity to avoid being subjected to the states authority and be imprisoned since selling of fake artworks are punishable since you are deceiving the public of the real value behind the masterpiece. He also used the diplomatic immunity to avoid getting interrogated by the police. In reality, the diplomatic immunity can be used to escape charges. An illustrative example would be the case of Mohammed Rizalman Bin Ismail which is serving as a military attache at the Malaysian embassy in Wellington, New Zealand. He entered a home of a woman and intended to tarnish the woman’s reputation. He was charged with burglary and attempted rape and was not subjected to criminal liability on New Zealand but instead was sent back to Malaysia due to diplomatic immunity. These illustrative examples shows that diplomatic immunity is useful in avoiding liability and instead not to be subjected with the laws of the sending state. It prolonged the fact that they are free and not be subjected to be imprisoned until they were deported back to the sending state. Basically, Harun and Mohammad Rizalman used diplomatic immunity to avoid being arrested by the state and prolong their freedom and be sent on back on their respective states.

References
Vienna Convention on Diplomatic Relations 1961. (2005) Retrieved from United Nations : http://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf
The Guardian . (2014, July 1). Malaysian Official on sex charge uses diplomatic immunity to leave NZ . Retrieved from The Guardian : https://www.theguardian.com/world/2014/jul/01/malaysian-official-sexual-assault-charge-diplomatic-immunity-leave-new-zealand

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Jaezon Krecia GonzalesNovember 30, 2017 at 9:35 PM
Gonzales, Jaezon Krecia (3Pol2)

Castle: Hunt - Season 5, Episode 16

The authorities failed to bring back Richard’s daughter, he tried to take a move of his own. He seek for a help of a fixer or a middle man to help him. Through the process, Richard realized that the kidnapping that had happened can be a part of a greater plan. This kidnapping of his daughter may lead him into a bigger or more complex problem.
An article published in BBC News last October 23, 2017 entitled “Chibok Diaries: Chronicling a Book Haram Kidnapping”, they were put into a remote forest. They were being schooled while they were still there. it was a day at school when these kids are being asked to pass or give their books, but a student refused to. As narrated by Naomi Adamu, some of the girls there chose to keep theirs and when the militants, knew about it, they had no choice but to burn the books. Naomi managed to keep hers as her diary together with her friends. This served as their way to tell their story. They discovered what the real plan was. They said that the kidnapping is not really the plan. The main plan was to steal an engine block. Since these girls are already in captivity. There were several tortures that happened. They were being fooled that their parents were also in captivity. Others who were attractive enough are being forced for a marriage. Some of them are being abused through rape claims.
All states are entitled to equal rights and duties under a jurisdiction. Everybody is expected to be treated with equal rights regardless of their language, sex, nationality, or religion. The violation of a human right no matter where state he or she is, is punishable by law. In the case of Naomi, once they were retrieved from the hands of the militants, and with the girls having their proof of all the violations that were done against them, the government had to do something so that justice may be served to these people.
Sources
BBC News ( October 2017). Chibok diaries: Chronicling a Boko Haram kidnapping. http://www.bbc.com/news/world-africa-41570252
Castle: Season 5. Episode 16
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Miko MartinezNovember 30, 2017 at 9:48 PM
Martinez, Ralph Dominic V.
3PO2
In Episode 11 of Season 2 in the series entitled “Castle”, Victor Fink a man who was shot to death in his own art gallery. Additionally, there were Five bullet shells found in the crime scene. However, only four bullet slugs were found. Therefore, there begins the search for the fifth bullet. Coincidentally, during the investigation of Castle and Beckett, a man who claiming the loss of his memory was brought to the station to be interviewed and searched. Upon the search, they discovered a book of crime and punishment in his coat’s pocket with a bullet penetrating it halfway that matches the 9mm bullet they were looking for making him a person of interest. Furthermore, in their investigation they sought for Fink’s former assistant and turned him in to be questioned. Upon the interrogation it was discovered that Fink sells fake paintings to numerous people which includes Bahir Harun who is a diplomatic attaché of the Bahrain consulate. In his connection to the crime, the investigators brought him to be questioned. However, in the film it was shown that he used his diplomatic immunity in resisting the interrogation and the search of his vehicle. Which constrained the investigating team to create progress in the case.

A Cultural Attaché is an official of an embassy who has the function in promoting cultural relations of a foreign country and the home country. Moreover, he is considered as a diplomat endowed with diplomatic immunity that serves as legal immunity making them not susceptible to any lawsuit or prosecution under the laws of the host country. However, he can be expelled from the host country instead. Also, it was codified as international law in the Vienna Convention on Diplomatic Relations in 1961 making it legitimate.

In the case of Minucher vs. Court of Appeals and Arthur Scalzo, diplomatic immunity is apparently showcased. Following a“buy-bust operation” done by the narcotic agents of the national police accompanied by Scalzo in the household of Minucher who is an Iranian national, who was said to have violated the “Dangerous Drugs Act of 1972”. However, later Minucher was acquitted by the court. More so, he was charged by Minucher regarding the previous event. Wherein, Scalzo was said to have acted in the discharge of his official duties as an agent of the United States Department of Justice’s Drug Enforcement Administration. But Scalzo, claimed his diplomatic immunity as a foreign agent acting within the directives of the sending state and in accordance with the imprimatur of the Philippine government to the activities of Drug Enforcement Agency. Therefore, it was proven that he is entitled of diplomatic immunity in accordance to the bilateral agreement of the states and the Geneva Convention. That upon acting not beyond his official function and being a diplomat, he is not susceptible to any lawsuit or prosecution under the laws of the Philippines.(Empress Dictum , 2016)
References
Empress Dictum . (2016, April 11). Case Digest: KHOSROW MINUCHER vs. HON. COURT OF APPEALS and ARTHUR SCALZO (G.R. No. 142396 February 11, 2003). Retrieved from Empress Dictum https://empressdictum.wordpress.com/2016/04/11/case-digest-khosrow-minucher-vs-hon-court-of-appeals-and-arthur-scalzo-g-r-no-142396-february-11-2003/

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UnknownDecember 1, 2017 at 12:18 AM
VILLAFRANCA, JUAN MARTIN R.
3 POLITICAL SCIENCE 2
2nd Season, Episode 11 of Castle

I. "Diplomatic immunity doesn't extend to car services."
An art Dealer in an Art Museum, Victor Fink was murdered. Now, Detective Beckett & Castle soon to suspect that either one of the witnesses like Mr. Bahir Harun. It was soon narrated that Mr. Harun, the attaché, had the privilege of diplomatic immunity which he seems advantageous in his part as either a potential witness or suspect. When Mr. Harun voluntarily went to the progressing investigation he would answer most of the questions but he would soon intend to leave but Detective Beckett would interrupt that she wasn't done with the questioning pending the investigation and that's where Mr. Harun's diplomatic immunity would take place, considering that it is the victim's right to leave an investigation anytime they want depending on the their place in it. Detective Beckett would say that in his diplomatic immunity bids the question whether he had something to hide. Fastforward, Detective Castle and Beckett would meet Mr. Harun again in a rush and he asserted that with his diplomatic privilege they could not search his luggage. But it was informed to him that his privileges are with limits including in car services.

II. "Malaysian Diplomat who defecated outside a woman's house in a 'black magic' ritual..."
Malaysian Diplomat, Muhammad Rizalman, was sentenced to nine months home detention for assault. After he defecated outside Ms. Tanis Billingsley, the victim of the assault, Mr. Rizalman entered the house and walked into her bedroom naked from waist down (Pearl & Huffadine, 2016). He told the Crown prosecutor Grant Burston that he believed that black magic would find him love. After being arrested, he stated he had claimed his diplomatic immunity by all means. Later, an extradition request was sent by New Zealang and that Mr. Muhammad Rizalman should face court.

III. How far does diplomatic immunity go?
Diplomats can be declared as sacrosancts will their privileges and rights that allow them just as to commit any crime they wish. But it comes with a limitation. Diplomats or Ambassadors can be persecuted to the fullest extent with regards to their rights based on their rank provided by declaring the person "persona non grata" and send them home wherein they can be persecuted by even the local courts (Beam, 2010). As initialed by the United Nations, Articles III, IV, V, VI, VII, and VIII of the Convention on the privileges and Immunities of the United Nations on the 13th of February 1946 states the privileges and rights of every official during its mission under the protection of the United Nations (UN General Assembly, Convention on the Privileges and Immunities of the United Nations, 13 February 1946). It just goes to show that in Castle, Mr. Nahur has his rights to refuse to leave the investigation and prevent Detective Castle and Detective Beckett from searching his luggage and that it can be abused. But the rights and privileges can withdrawn from them by the United Nations or its government and face persecution of any crime the have been trialed to face at.

UN General Assembly, Convention on the Privileges and Immunities of the United Nations, 13 February 1946, available at: http://www.refworld.org/docid/3ae6b3902.html [accessed 30 November 2017]

Beam, C. (2010, April 8). Can't Touch This. Retrieved November 30, 2017, from Slate: www.slate.com/articles/news_and_politics/explainer/2010/04/cant_touch_this.html

Pearl, H., & Huffadine, L. (2016, February 4). Malaysian diplomat who defecated outside a woman's house in a 'black magic' ritual before stripping and indecently assaulting her is sentenced to nine months home detention. Retrieved November 30, 2017, from Mail Online: www.dailymail.co.uk/news/article-3431188/Malaysian-diplomat-indecently-assualted-woman-sentenced-nine-months-home-detention.html

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jose topacioDecember 1, 2017 at 1:55 AM
TOPACIO, JOSE ARTURO A.
I. In the S03E17, a van carrying a dirty bomb (containing nuclear radiation) is on its way to Times Square in New York City, where dissatisfied former US soldiers (like Radford Hayes) are out to detonate it. On the way to figuring out who the identities of those other accomplices of Hayes might be, they look for suspected identities, like that of the Syrian Alhabi, who is a suspect. Because of some difficulty in extracting information, Agent Fallon curses those foreign agents who are uncooperative (and also probably with an agenda against the US as well), and was only helped by a friendly Syrian agent.

II. There was an incident in the early 1990s between A Chinese defector (actually a spy) who claimed that China was completely pro-US, in order to make the Americans feel secure. The only problem is, they couldn't verify whether it was true or not, and had to rely on their instincts and on current events to accept it. They coulnd't compel the diplomat to say whether or not she was actually a spy, even if the Americans had doubts.

III. The truth is, the Americans can't compel agents from other countries to give them information. Sometimes, even agents suspected of spying can't be prosecuted unless they're directly caught in the act, or if they confess. And especially if they're agents in another country, where the local government can even intervene in this case. In the case of Castle and in China, the agents of the US need to investigate this matter themselves, and in any case the government of that unfriendly country can't be put at blame even if Times Square blows up.

(Pillsbury, Michael. The hundred-year Marathon: China's secret strategy to replace America as the global superpower. Henry Holt and Company, 2015.)
(Miskovsky, M. C. (1993, September 22). Impunity of Agents in International Law. Retrieved from Central Intelligence Agency: https://www.cia.gov/library/center-for-the-study-of-intelligence/kent-csi/vol5no2/html/v05i2a10p_0001.htm)
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jose topacioDecember 1, 2017 at 2:12 AM
Laboton, Aiesha Bhel C.
I. In the episode “Setup”, Season 3 Episode 16, when investigating the use of a dirty bomb by the agents, there was the use of racial profiling by agent Fallon, which just made the investigators waste their time. They were looking for an Arab man, when in fact the perpetrators were Caucasian Americans.
II. Following the 9-11 attacks, there were many instances of racial profiling in the US. However, there were many cases in which this wasn’t useful at all. In the case of a man named John Walker Lindh who supported the al-Qaeda, he was himself Caucasian. So in this scenario, it’s easy to fall into the trap of blindly hating all Muslims or any other race for a terrorist crime.
III. The view of international law with regards to racial profiling, advanced by the UN, is that it violates international human rights and discriminates against minorities. It also interferes with the liberty and security of the person.

Davis, A. J. (2002, November 5). Racial Profiling Post 9/11 - Still a Bad Idea. Retrieved from Brennan Center for Justice : https://www.brennancenter.org/analysis/racial-profiling-post-911-still-bad-idea
Open Society. (2013, November). International Standards on Ethnic Profiling: Decisions and Comments from the UN System. Retrieved from Open Society Foundation: https://www.opensocietyfoundations.org/sites/default/files/case-digests-ethnic%20pofiling-un-110813.pdf
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UnknownDecember 1, 2017 at 2:33 AM
Dumanil, Patrisha Louise
I. In episodes 15 and 16 of Castle season 5, Sara and Alexis being captured was the dilemma to which I the beginning the reason of the capturing was a big question. Sara and Alexis were kidnapped for an unknown reason. It was made a sufficing evidence that they were caught at the moment for the reason that Alexis had given her day’s agenda in her blog. Sara was made demanded for a ransom but Alexis stayed captured at Paris from New York, their hometown. Her father, Richard Castle, was dying in worry if he is still to see his beloved daughter alive or lifeless. Little did they know that everything was according to a plan specifically made by Richard’s father.

II. In the United Kingdom, September 2017, Ms Alying, a model, was said to be kidnapped by a certain man named Lucasz Herba. Lucasz Herba’s brother was alleged to be conspiring with his brother in the issue of abducting the model. The said reason for the abduction is for the model to be auctioned online. But this case was said to be a sham for various reasons that was raised upon by Herba’s lawyer, George Scott. Some of these said reasons were the presence of the model near a terrorist attack in Paris, telephone wire taps, a tabloid press release, and such.

III.This portion would not be speaking of what public international law was exemplified but rather the ‘what must have beens’. In public international law, asylum (exterritorial) speaks of granting protection to those foreigners who have taken a step a little forward to their territory. In the case of Alexis (Castle), as she was from New York then have been a captive somewhere in Paris, such protection must have been granted to her given that she have been captivated by a widely unknown reason, at least for her. At the other hand, Ms Alying must’ve been given such asylum (territorial) as well, for she have pleaded on her complaint that her rights were violated and that she was deeply affected with what she said what happened to her (which was said to be a sham).

References:
BBC. (2017, September 25). Retrieved November 30, 2017, from BBC: http://www.bbc.com/news/uk-41389489

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UnknownDecember 1, 2017 at 3:05 AM
Palad, Angelica S.
3Pol2
Castle Season 3 Episode 16
I. Richard Castle and Kate Beckett confronted in the street the suspicious man in the cream suit, Fariq Yusef, who is carrying the possible murder weapon. However, when Kate Beckett inspect Fariq Yusef, she found out that Fariq Yusef is a Consul after seeing his ID. Consequently, he reveals himself as the Head of Security for the Syrian Consulate.
II. In the news issued by BBC last December 19, 2013, the Deputy Consul General Devyani Khobragade was arrested in New York. Although the reason of her being arrested is different form what happened to Fariq Yusef in the Castle (SEO3E16) because she has been accused of visa fraud. In line with this, the similarities of both event happened to Deputy Consul General Devyani Khobragade and Head of Security for the Syrian Consulate Fariq Yusef is all about the diplomatic or consular immunity that a Consul can experience or practice.
III. In the lesson about Public International Law, it tackled the functions of a Consul as a diplomatic official. For example, they represent the state in negotiations with the other states, thus they are required to go to other states or country to promote friendly relations between two or more states. In line with this, they have the authority not to be touch by the security of the receiving state that serves as a Consuls’ rights being a representative. However, they also have inclusions and limitations of the privileges that a Consul can acquire since it also has restrictions that Consul experienced in the International Law.
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UnknownDecember 1, 2017 at 6:19 AM
Gatula, Bianca Eyrine
Season 3 Epsiode 16: Setup

US-nationalized Syrian cab driver Amir Alhabi is shot in his cab after a 45 tour back to the start point with consulate Fariq Yusef. Homeland Security Agent Mark Fallon takes charge after his keys lead to a storage unit with cobalt radiation feared to stem from a nuclear weapon. Castle is officially discarded but keeps in the loop tracing a payment to Amir which he believes a fake as cover-up shifting focus to employed cab driver Kevin McCann. Castle and Beckett investigate the apparent robbery-homicide, only to discover that the victim was involved in a mysterious conspiracy with unimaginable consequences. As the stakes continue to rise, hard-charging federal agent Mark Fallon takes over the investigation.

A dual-national teenager was indicted in the Tel Aviv District Court for a series of more than 2,000 bomb threats and related actions against Jewish institutions, airports and police stations in the United States and other countries. Police said the resident of the southern city of Ashkelon was the subject of a months-long undercover investigation by police’s Lahav 433 cyber unit and the FBI. Michael Ron David Kadar who holds dual Israeli and American citizenship faces charges in federal courts in Florida and Georgia. Kadar was charged with making threatening calls to Jewish community centers, conveying false information to police in Georgia and cyberstalking. Critics of President Trump have accused him of playing down hatred and violence against minority groups and charged that his anti-immigrant remarks are fueling conflict.

International law regulates interactions between States. As seen in the episode of Castle where the US and Syrian government were both cooperative in the issue of Amir Alhabi since he is a US-nationalized Syrian. While in the Jewish Center Bomb Threats the US and Israel respected each other’s jurisdiction in the case of Kadar a holder of US-Israeli citizenship. International law also regulates relations between States and non-State actors. In the case of individuals, international law gives each individual certain rights.

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Harvey EscarchaDecember 1, 2017 at 7:37 AM
ESCARCHA, Gil Harvey S.

In the Season 2 Episode 11 of Castle, an art dealer named Victor Fink was shot dead on his own art gallery. Upon series of investigations held, it was found that Bahir Harun can be suspected as a person with involvement in the crime that could further lead to the investigation’s progression. Here, Bahir Harun, being the Bahrain consulate, exercised his diplomatic immunity from investigations being held by Beckett and Castle. One proof of this claim is his power to emphasize his immunity from investigating his car for possible information that could help investigate the crime. That stated, the company of Becket and Castle had a hard time investigating the crime.

Qatari diplomat Mohammed al-Madadi was on his trip to have a consular visit to an al-Qaeda inmate. On his way, he was disrupted by the US marshalls after he smoked cigarette and joked a bomb threat on the plane. Upon the unlawful act done by the diplomat, US authorities questioned him albeit being reminded that the diplomat has immunity from prosecution. Diplomatic immunity was exercised when the US Court had later on freed the diplomat from custody in the US.

Adhering to the 1961 Vienna Convention on Diplomatic Relations, diplomats indeed embody strong immunity from prosecution of the receiving state. Like in the contexts of Bahir Harun of the series ‘Castle’ and Mohammed al-Madadi of the real life event, both were diplomats that caused unlawful acts, but were still granted immunity from proceedings done by the state where they are employed. The sacrosanctity of the diplomats was greatly illustrated by these scene of the series and of the real life.
References
BBC. (2010, April 8). Qatari diplomat sparks US jet bomb scare. Retrieved from BBC Web site: http://news.bbc.co.uk/2/hi/americas/8608611.stm

Radia, K., & Ryan, J. (2010, April 8). Qatari Diplomat Was Going to See Qaeda Inmate. Retrieved from ABC News Web site: http://abcnews.go.com/WN/arrested-qatari-diplomat-lose-job-shoe-incident-air/story?id=10323646

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UnknownDecember 1, 2017 at 9:15 AM
Verde, Josielyn G.
Season 2 Episode 11- The Fifth Bullet
A. Investigating the crime on who killed the art gallery owner, Victor Fink was killed; Castle and Beckett were obtaining facts that would lead to the killer. Along the way on finding the killer, they encountered many people who were involved in the crime, and among those people, we have: a mugging victim who has amnesia, a chocolate Labrador, former assistants, a buyer and an ex-wife. Among those people, surprisingly the ex-wife and the chocolate Labrador contributed to the findings leading to the suspect. The dog led them to find out the real name of the amnesiac mugging victim which led to the findings on the ex-wife. The ex-wife was reminiscent on the memories that she and Jeremy had, so she accepted to participate in the investigation to find the killer. While asking the ex-wife, Emma, Beckett and Castle found a ring of a bell regarding the case when the ex-wife commented on the painting that she and Jeremy (the victim) bought once. This led to the interrogation and confrontation on the suspect, Darius, who was once a buyer of those paintings. On both parties, they attained a win-win solution. How? Beckett and Castle unveiled and caught the suspect whereas Emma and Jeremy got back together because of a second chance.
B. China is prepared to mediate between North and South Sudan in order to bridge difference in views regarding outstanding post-secession issues (Sudan Tribune, 2011). In line with the issue, China decided to take in the role of a mediator because they believed that the north and the south are interdependent. As a friend of both Sudan and South Sudan, China will continue its mediation efforts. During his meeting with Karti, his Sudanese counterpart, Wang said that there has been no change whatsoever in China's policy of developing comprehensive, friendly relations with Sudan, and that China seeks to properly address problems arising in bilateral cooperation through friendly coordination and sincere collaboration, so as to cement traditional friendship and boost common interest (Xinhua, 2015).
C. In the study of international law, the concepts present in this episode are : 1.) the practice of enquiry wherein this is shown in the episode right from the start when Beckett and Castle were finding facts and issues ascertained to the mystery, 2.) mediation- wherein parties offered to help find a solution regarding the issue, this is present in a sense that because of Emma’s comment Beckett and Castle found out the killer whereas for Beckett and Castle, they led to Emma’s and Jeremy’s second chance in love. That scene also exhibits the fact that in international law, good offices merely bring parties together.
Bibliography
Sudan Tribune. (2011, August 10). China offers mediation between North & South Sudan. Retrieved from Sudan Tribune: http://www.sudantribune.com/China-offers-mediation-between,39791
Xinhua. (2015, January 12). China's mediation in S. Sudan issue not for own interests: FM. Retrieved from China Daily: http://www.chinadaily.com.cn/china/2015-01/12/content_19300304.htm

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Grace Lydel OrtizDecember 1, 2017 at 11:15 AM
Ortiz, Grace Lydel Ortiz
Season 2 Episode 11

There was a crime scene in an art gallery owned by a 43-year old Victor Fink who was shot dead by two 9mm bullets at her back. The investigator track Flink’s cellular activity and found out that he got a call at 9 pm, an hour before he was killed, and it was originated from an international cell satellite phone registered to Bahrain cellular. It was later discovered that it was from a guy named Bahir Arun, he’s an attaché at the Bahrain consulate, who is being suspected that he figured out Flink was selling him fake paintings and decided to get even with him. Even though he can be one of the suspects, there is no use because he has a full diplomatic immunity wherein, he is immune from personal inviolability, immunity from jurisdiction, inviolability of diplomatic premises, inviolability of archives, inviolability of communication, exemption of testimonial duties, exemption from taxation, and other privileges. With that being, said the investigators can’t do anything or they will have a tough time persecuting him. Just like what happened in Cebu, Philippines back in the year 2015, where two Chinese diplomats being held over a gun attack that killed two colleagues and wounded another have immunity from prosecution and will be sent back to China. Custody will be given to the Chinese side and they will undergo legal process in China. China had already invoked diplomatic immunity as its right under the United Nations' Vienna Convention.
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UnknownDecember 1, 2017 at 11:42 AM
Soliman, Maria Carmelle Angela A.

I. Scene
In season 3, episode 16, Castle and Beckett are to investigate on the murder of a Naturalized US citizen from Syria name Amir Alhabi who is a cab driver. On the process of their investigation, they got an information with the involvement of Fariq Yusef who is said to be a Syrian consulate, who was also a victim on the murder of Amir Alhabi. In their encounter, Yusef stated that he has diplomatic immunity in which the investigators have no standing to question or detain him.

II. Expulsion of Two Diplomats in Liberia
The Liberian Government confirmed the expulsion of two of its diplomats from the United Kingdom, following the reports that they were declared persona non-grata. The two Foreign Service officials who have been expelled from the United Kingdom are Mr. Jay Napoleon Toquie II and Mr. Chester Dweh Barh, Sr. There were no concrete reasons as to how and why they were declared as such but under the Vienna Convention on Diplomatic Relations in 1961, the government that declared persona non grata to diplomats are not obliged to provide an explanation for such actions.
"The receiving State may at any point in time without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff is persona non grata or that any other member of the staff of the mission is not acceptable... "

III.
Fariq Yusef is an epitome of diplomatic immunity present in all diplomats. Similar to the two diplomats from United Kingdom who for some reasons received charges that made them be declared as persona non grata, Fariq Yusef also received charges about his possible involvement on the murder of Amir Alhabi but was later on released from the charge. In this matter, these diplomats, both in the film and in real life, possess diplomatic immunity in which they are all protected under. This so called diplomatic immunity protected them from possible lawsuits and other serious charges against them.

IV. Public International Law in the Presence of Diplomatic Immunity
The presence of a consulate in every state is seen as a necessity for the sending state for purposes of awareness and protection for their migrants in the receiving state. Apart from this, consulates have diplomatic immunity that ensures their protection from charges under the receiving state’s jurisdiction. Diplomatic immunity is an international law concept as codified in the Vienna Convention on Diplomatic Relations that ensures the security of a diplomat by limiting the degree to which the receiving state can impose its jurisdiction upon the diplomat but does not necessarily imply that diplomats can get away with any crime he or she does. The home country can impose certain sanctions to the diplomat and the receiving country may instead declare them persona non grata.
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UnknownDecember 1, 2017 at 12:22 PM
Santos, Francis Gabriel O.

I.
In Season 2, Episode 11 of the series Castle, a man named Victor Frank was shot in his art gallery due to reasons still to be unraveled. The entire episode revolved around on unravelling the real motive behind the sudden killing of Victor Frank. There are 5 bullets in the gallery but only 2 went to Frank's body and the other 2 missed the body, leading the investigators to question where is the fifth bullet. Then suddenly, a man named Jeremy who have an amnesia went to the police station reporting that he's mugged because he does not have his wallet. He was carrying a copy of the book of Castle. When they assessed the book, they've found out a bullet which is of the same specifications that of the four bullets found at the art gallery. Hence, they concluded that it is the fifth missing bullet. However, it was a bit problematic because the guy has an amnesia and couldn't help in the investigation. Moreover, they discovered that the former assistant of Frank, Rocco Jones supplies fake art works to the Bashreini Diplomat Bahir Harun - which lead the investigators to think that the diplomat was the one who killed the Victor Frank. Fast forward, they apprehended the car service of the diplomat and had the car be searched and they found out the painting that was stolen in the apartment of Jeremy. The diplomat said that it came from Langley, and that Langley went to Jeremy's apartment twice: once to steal the painting and replace it, and another to plant the gun.
II.
According to news report, there is a foiled attempt to extradite and to kidnap a Nigerian from the UK to Nigeria. The diplomats decided to cover up their plan by placing the body of the person in a cargo and declare it as a diplomatic bag. However, there are discrepancies because there is no label in the cargo expressly saying that it is indeed a diplomatic bag and that they didn't have the right paperwork. Hence, the customs official was able to inspect the cargo and they found out the body and immediately called an ambulance. The diplomatic ties between Nigeria and the United Kingdom was severed for 2 years until it was restored thereafter.
III.
In the series Castle, episode 11, season 2, the car service of the diplomat was apprehended because its double parking. The investigators told the car service that they will inspect the car, specifically, the bag of the diplomat. The diplomat said that they can't open it in a thousand years because it is protected by International Law. However, the investigators are smart enough to point out that there is no label on the bag that states it is a Diplomatic Bag, hence they were able to open it and see the painting which lead to another person of interest of the case. Much of this matches the reality through the example of the Nigerian kidnap plot. The cargo, could it have been labeled as a diplomatic bag, the customs official wouldn't be able to open it. However, it was not labeled hence, it gave the customs official every right to inspect it.
IV.
The Vienna Convention on Diplomatic Relations provides in Article 27 that the diplomatic bag shall not be opened or detained, provided further that, the packages constituting the diplomatic bag "must bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use." With the aforementioned provisions of the convention, it can then be concluded that the above mentioned examples really are not protected by the Convention because they did not meet the standards set forth by the same convention. Hence, allowing the investigators and the custom official to have an access to inspect the baggages of the Diplomats.

Sources:
bbc.com/news/magazine-20211380
Vienna Convention on Diplomatic Relations
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UnknownDecember 1, 2017 at 1:16 PM
TRAZONA, ANDREA L.

CASTLE S03E17
On the 17th episode of Castle Season 3 entitled "The Countdown," the team were under extreme pressure as they try to find the dirty bomb before it explodes in less than 40 seconds. At this point, they have relatively utilized all possible means. In dire need of help, Castle considered to call up Fariq Yusef who is a part of the Syrian Consulate. In the previous episode, we could recall that Yusef was the one who had offered his services to Castle and even left a calling card.
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UnknownDecember 1, 2017 at 1:38 PM
REYES, FRANCES ADELLE A.

In Castle’s Season 2 episode 11, The Fifth Bullet, Bahir Harun, an attache of the Bahrain Consulate, was involved in an illegal transaction of forged paintings with the murdered art dealer, Victor Fink. Due to the nature of the case, the police’s investigation was rigorous and so it led them to attempt to get hold of a potential witness, the diplomat. The investigation became difficult because of Harun insisting on using his diplomatic immunity to resist from giving out information in fear of being exposed of his actual involvement with the murder case. By doing acts of abuse of power from diplomats, it may taint the reputation of their home state, and can lead to repercussions involving international problems.

Diplomatic immunity, according to Article 29 of the Vienna Convention on Diplomatic relations, is given to diplomats where they are not liable to any arrest or prosecution. Harun’s diplomatic immunity can be viewed to have been abused by him and has made his illegal transactions to be unquestioned by authorities. In the latter part of the episode however, Harun was confronted by Beckett and Castle on his way to the airport. Again, Harun reiterated his diplomatic immunity but Beckett observed that the driver of the car service illegally parked and the car had no diplomatic plate, therefore giving her the right to check the vehicle. It was revealed that the painting originally owned by Jeremy Preswick was purchased by Harun from the assistant & murderer of Fink, Darius Langley whose real name was George Heller.

In the same line, but a situation that ended differently, the North Korean diplomat to Bangladesh was detained when he refused to let customs officials to scan his carry-on. He afterwards assented to the scanning and the officials discovered a million worth of illegal gold. Due to his diplomatic immunity, charges were never brought against him, he was released from detention under the Vienna Convention, yet he was reportedly sent back home by his boss, being dismissed due to his undiplomatic act.
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UnknownDecember 1, 2017 at 2:17 PM
Cabatu, Ma. Andrea D

From the 11th episode of the 2nd season of the series Castle, there had been great manifestation of diplomatic immunity. Victor Fink, the owner of the art gallery and who was shot dead had caused Beckett and Castle to ask Bahir Harun, a diplomat of Bahrain, because of his possible involvement in the crime commited on the art gallery. Harun, being a diplomat, used his immunity from being prosecuted which thereafter obscured the investigation of Beckett and Castle's company.

Sudanese Diplomat Mohammad Abdalla Ali was accused of sexual abuse towards a certain woman on New York City's subway. However, Mohammad Abdalla Ali was freed from the charges imposed against him mainly because of using diplomatic immunity to his advantage. Therefore, the allegations imposed against him has been dropped in compliance with the 1961 Vienna Convention on Diplomatic Relations.

Diplomatic conditions are clearly imparted in the 1961 Vienna Convention on Diplomatic Relations. One of which is the immunity granted upon them from prosecution of the state where they are placed. From the scene of the series Castle and this international event of the Sudan-US issue, diplomatic immunity has been greatly manifested. The sacrosanctity of the diplomats were showcased from both scenes, which clearly adhered to the Vienna Convention.
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UnknownDecember 1, 2017 at 3:13 PM
Labudahon, Jeffrey Isaiaj G.
The story of the Castle episode 11 of season 2 titled “The Fifth Bullet” revolves around the art dealer who was killed and also an attaché who was involved in the case. The story starts with Castle playing with a dog, who will somehow be relevant to the case later on, then goes to the crime scene and sees a body shot dead with 2 bullets at his back but what shocks the detectives was that there were 5 slugs of the bullet found but only 4 bullets were there and 1 bullet was missing. Then later on the episode a person who has amnesia goes to the police station claiming that he doesn’t remember a thing, as the detective goes to his belongings they found out that there was a bullet in his book and it fits the bullet of a 9mm gun thus believing that it was the missing bullet and he was a relevant person in the case. The attaché is involved in the case because he was client of the dead person. It was also found out in the latter episode that the artworks that was sold was fakes making him a person of interest to people he had sold fakes. To cut to the chase the real killer was his new assistant who was really a fraud even the name he used was fraud and he bribed even the diplomat for a legit artwork, he was also responsible for planting the gun at the house of the guy with amnesia.
In 2012, a Panamanian Diplomat was able to leave the country even with the charges of rape against him. He was Erick Bairnals Shcks who was accused of raping a 19 year old Filipino woman. He was not prosecuted in the Philippines because of his diplomatic immunity thus allowing him to leave the country. As a repercussion the Department on Foreign Relations announced that Mr. Shcks will be considered as a persona non grata. Meaning he is not to be allowed to go to the Philippines, for he is an unwelcomed person in the country after what he had done. This just proves that diplomatic immunity has its ways and the only way to counter that immunity is by declaring that person as a persona non grata.
The scenes that represent a real International Relations theory in the series of castle season 2 episode 11 is when the diplomat keeps on telling the detectives and imposing them that he is a man of power and a person with diplomatic immunity. Even if he was to be detained by the detectives he had the privilege to go and not to go to the investigation and interrogation process because of his privilege as a diplomat of Bahrain. But in the end he cooperated since he doesn’t want to be deported and removed as diplomat with the possibility of him having a bad public image. The rules of the Vienna Convention on Diplomatic Relations in 1961 was present especially the articles regarding him being an attaché of Bahrain.
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UnknownDecember 1, 2017 at 3:30 PM
This comment has been removed by the author.
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UnknownDecember 1, 2017 at 3:49 PM
Ralla, Peter Joart A.
3POL2
In TV series named “Castle” the season 2 episode 16 “Setup” murder of a Syrian immigrant cabbie driver sparks a crime scene investigation that uncovers a terrorist plot the evidence keeps on pointing at the driver Amir as the mastermind of the plot. But Castle and his accomplice detective beckett feels it’s not right and so Castle meets up with the Consulate’s Head of Security Yosef asking what were his relations to the deceased cabbie driver. Yosef replies that he keeps contact and makes sure if Amir along with his wife are happy in their new country.
It’s the Job of the embassy to look out not only for the welfare and interests of the state but also for its citizens. The consulate and embassies keeps contact and looks out especially for their citizens. For example in the recent earthquake that hit Mexico. The embassy of the Philippines immediately tried to assess and record if there were any Filipino casualties in the earthquake.
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UnknownDecember 1, 2017 at 3:52 PM
Bautista, Jireh Anne Marie V.
3POL2
Castle S02E11: “The Fifth Bullet”
A crime was reported wherein a man who owned an art exhibit shop named Victor Fink was shot inside his own gallery. The authorities have tracked down possible suspects, person of interests, and potential witnesses to help assess and solve this case. The protagonists of the show, Richard Castle and Detective Beckett, did everything in their might to look for evidences that might lead them to the real suspect. In the crime scene, 4 bullets were found but, mysteriously, there were 5 bullet cases lying on the ground. Along the way of searching the 5th bullet, a man who lost his most of his cognitive memory suddenly appeared and when he was being interviewed, surprisingly, the 5th bullet was found stuck in his book. This man named Jeremy Preswick then became a person of interest in Fink’s case that eventually led to the arrest of the murderer. Moreover, an Arabian attaché named Bahir Harun voluntarily showed up to the authorities to be interviewed regarding this murder case. During his interview, he admitted that Fink was involved in doing forgery when dealing with his paintings and clients. The Bahrain consulate stated that he saw Preswick in the art gallery the night Fink was shot. When detective Beckett wanted to ask more questions, Mr. Harun said that he doesn’t want to be further interviewed for he is a consulate whereas he possess diplomatic immunities. Further onto the episode, Mr. Huran was claimed to be a person of interest. When Castle and Beckett went to where Mr. Huran is, they stated he is involved in Fink’s forgery and that the original painting, which was owned by Preswick, is in his possession. The detectives asked to search his car, however without warrant, but he claimed and bragged that he is entitled to such immunity. However, the vehicle he is using does not have a plate number that indicates that its passenger is a diplomat. Beckett and Castle searched his trunk and the painting was found there. Furthermore, Beckett stated that diplomatic immunities does not extend to vehicles.

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Soriano, Ericka D.December 1, 2017 at 3:53 PM
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Soriano, Ericka D.December 1, 2017 at 3:54 PM
Soriano, Ericka D. (3Pol2)

Castle: Season 3, Episode 16 “Set Up”

Amir Alhabi, a taxi cab driver, was murdered while on duty. Many names came up as suspects of the crime. One of them was Fariq Yusef, who was seen in a CCTV riding Alhabi’s cab on the same day that he died. He was then followed and cornered by Kate Beckett and Richard Castle, questioning his identity. However, they were speechless in realizing that Yusef was actually a Syrian Consulate. Despite knowing this, Beckett continued to ask him questions about Amir Alhabi’s death. Unfortunately, Yusaf being a consulate gave him the privilege of diplomatic immunity, which he used against Beckett, in order for him not to answer her questions. Beckett was left irritated knowing the fact that what Yusef said was indeed true. Thus, Yusef left without being handcuffed.
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UnknownDecember 1, 2017 at 5:19 PM
Apostol, Yvonne Xyza G.
3POL2
In season 2 episode 11 titled “The Fifth Bullet” of the television series “Castle”, an investigation case was opened due to the murder of Victor Fink, an owner of an art gallery. Later in the episode, it was shown that an Arabian attaché named Bahir Harun was somehow connected to what kinds of businesses Fink was dealing with. It was found out that Fink was actually dealing with forgery – ordering someone to remake original painting pieces and then selling them to others as if it those copies are the original ones. Now, Mr. Harun was involved in this crime, being aware of this situation but still continued on transacting with Fink. The authorities wanted to talk to Mr. Harun regarding this case. He then went on with the interview of the authorities. When he was done talking, he said that he’ll take his leave, but when Detective Beckett said that she wasn’t done with the questioning yet, he immediately declined and emphasized his diplomatic immunity – leaving the authorities with nothing to do but agree with him.
Debates about diplomatic immunity are still on-going today. Especially when it comes to those cases wherein a person with diplomatic immunity is accused of being involved in a crime. An example of this is when a man was accused of filming up under a woman’s skirt in a festival in Friedrichshafen. When the woman told the police about this, the police found the accused drunk and sitting at a café during the festival. The officers then found evidences in the accused’s phone proving him guilty of his crime. However, the man holds a diplomatic passport, restricting the officials from taking initiative measures against him.
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Castle and Public International Law

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