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Strauss-Kahn Does Not Have Diplomatic Immunity

Tyler Durden's picture


To all those who thought, himself probably included, that DSK would get away scott free from his most recent rape incident (as opposed to the metaphorical rape that the IMF has exercised over the decades over insolvent creditor nations), the Telegraph has one word: wrong. "Dominique Strauss-Kahn was told he does not have diplomatic immunity from prosecution against charges including alleged rape, said Paul Browne, an NYPD spokesman."

Here's why:

According to the IMF's Articles of Agreement, officials have immunity "with respect to acts performed by them in their official capacity except when the Fund waives this".

The organisation demands that member countries notify it when officials are arrested, so that it can assess whether this applies. It is unclear what Mr Strauss-Kahn was doing in New York.

Under normal circumstances it is the managing director – Mr Strauss-Kahn – who decides whether immunity applies, provided the IMF's executive board does not veto his decision.

In a short statement, the IMF did not mention immunity and referred enquiries to Mr Strauss-Kahn's "personal lawyer and to the local authorities" It also appears that Nicolas Sarkozy's government is not making any attempt to protect Mr Strauss-Kahn.

One unnamed aide has told Le Monde: "To me, there is no immunity. It is a matter for the IMF and the host country, the United States. His Frenchness is not at stake."

And from Reuters:

If IMF Managing Director Dominique Strauss-Kahn decides to seek diplomatic immunity to avoid sexual assault charges, he will likely have an uphill climb, a Reuters review of U.S. and international laws and treaties, International Monetary Fund policies and recent U.S. court rulings suggests.

Under the IMF's Articles of Agreement, employees are granted a limited form of diplomatic immunity known as "acts immunity," which refer to actions related to activities performed in the course of their work for the Fund. Article IX of the agreement notes that the Fund's staff "shall be immune from legal process with regard to acts performed by them in their official capacity." Even then, the agreement says, the IMF may elect to waive immunity.

The IMF's limited immunity provision is unlikely to protect Strauss-Kahn from prosecution for sexual assault, an expert in international law argued. "Acts immunity only covers actions taken in the course of his duties. Coming out of your bathroom stark naked and attacking a chambermaid probably doesn't qualify," Kurt Taylor Gaubatz, an associate professor in the Graduate Program in International Studies at Old Dominion University, wrote in a blog post on Sunday. Gaubatz did not respond to requests for additional comment.

Federal law in the United States may also make it difficult for Strauss-Kahn to claim diplomatic immunity. The International Organizations Immunities Act applies a limited scope of exemption from prosecution similar to the IMF's own rules. It says "representatives of foreign governments in or to international organizations" and "employees of such organizations" are immune from lawsuits and the legal process "relating to acts performed by them in their official capacity."

On Sunday, New York Police Department spokesman Paul Browne said Strauss-Kahn does not have diplomatic immunity, though Browne did not elaborate on why the NYPD believes diplomatic immunity does not apply. A spokeswoman for the French Consulate in New York, Marie-Laure Charrier, referred questions about possible diplomatic immunity to the IMF. A statement posted on the IMF Web site on Sunday did not address the issue.

Despite the limited immunity provided by IMF rules, Strauss-Kahn could still try to leverage his status as a quasi-diplomat in his legal defense. One of his attorneys is William Taylor, a partner with law firm Zuckerman Spaeder in Washington. Taylor has represented a range of high-profile clients, including former White House chief of staff Mack McLarty, in civil and criminal actions. The Wall Street Journal reported in October 2008 that Taylor also represented Strauss-Kahn in the controversy over an affair the married IMF chief allegedly had with a female subordinate at the Fund. Taylor did not respond to requests for comment on Sunday.

One possible legal defense strategy for Strauss-Kahn could be to try to apply the Vienna Conventions on Diplomatic Relations, which grant broad immunity from prosecution to diplomats serving in foreign jurisdictions. Article 31 of the convention says "a diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State." The U.S. ratified the treaty in 1972. The treaty also renders diplomats immune from prosecution in civil and administrative matters, with some exceptions. Under the convention, diplomats are not immune from "action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions."

Suddenly it looks like the IMF head (this will never get old) is about to be on the receiving end of some involuntary facial inflationary stimulus releases himself courtesy of America's penal (oops) system.


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Sun, 05/15/2011 - 16:02 | 1276887 nmewn
nmewn's picture

"IMF boss calls for global currency

Dominique Strauss-Kahn, head of the International Monetary Fund, thinks a new world currency would calm economic instability and curb the dollar's power."

The last thing the world needs is a "world currency" as it would still have to be controled by someone or something.

Who would be these arbiters of its fairness and value? Socialist elites like Kahn who apparently feel they can rape any country or chambermaid that interests them?


The strongest of any nations currency will always rise to the top in exchange value.

Sun, 05/15/2011 - 20:03 | 1277536 Fred Hayek
Fred Hayek's picture

And the swiss thank you.

Sun, 05/15/2011 - 21:13 | 1277683 nmewn
nmewn's picture

Seems so, just don't let it out, I got a couple of euro-weenies beat into a corner sucking their thumbs who have no idea until we can hopefully get our shit together ;-)

Sun, 05/15/2011 - 15:14 | 1276759 Rynak
Rynak's picture

Hey, here are some questions to the conspiracy nuts:

1. If it never happened, then why did he flee the hotel room like that, leaving stuff behind?

2. If she was hired, and it was consensual, then why did he flee the hotel room like that?

3. If she was hired, and it was not consensual, then what difference does it make that she was hired, besides of more parties being guilty?

Sun, 05/15/2011 - 15:36 | 1276822 wisefool
wisefool's picture

For #3, I guess it makes a difference in that it shows he was being as responsible as a powerful man who likes extra-marital sex can be. It was widely postulated that JFK had used escorts quite frequently, but he did so discretely, so it shows he was not completely haphazardly jepardordizing his position of power to blackmail.

Its when guys like this, and unfortuately types like Bill Clinton, John Edwards, Gingrich, et. all go off the reservation that people question thier leadership.

Sun, 05/15/2011 - 16:07 | 1276869 palmereldritch
palmereldritch's picture

Yeah the membership privileges in the kleptocracy can be severley restricted when they show the poor form of revealing themselves for the sociopaths that they are...

...The first rule of Freak Club

[EDIT: For the record, JFK was a member of the Players Club]

Sun, 05/15/2011 - 16:14 | 1276923 wisefool
wisefool's picture

Right, I am not justifying it, just rationalizing it. 

Sun, 05/15/2011 - 15:55 | 1276872 tired1
tired1's picture

when was his plane ticket outbound purchased?

Sun, 05/15/2011 - 17:00 | 1277072 whoopsing
whoopsing's picture

Good question,from alledged rape to arrest on a plane-2 hr's . On a good day you can just barely make it from mid-town to JFK in 35-40 minute's. He also had to check out of the hotel,check-in at the airport,plus all the other time-consuming B.S..So say this guy has the flight booked well in advance,in that 2 hr window of time,he feel's unrushed enough to accost someone? Or conversely,after the attack,he manage's to book a  perfectly timed  outbound flight? Time-line seem's just a bit too tight.   Just sayin'.........

Sun, 05/15/2011 - 23:38 | 1278058 tired1
tired1's picture

I heard that he had a deal wiith the airline that allowed him first class anytime.

Sun, 05/15/2011 - 15:15 | 1276762 PulauHantu29
PulauHantu29's picture

No worries, Charlie Sheen said he would step in for Strauss at the IMF.

Sun, 05/15/2011 - 15:16 | 1276768 alfred b.
alfred b.'s picture


    Now watch for copter ben, tax-cheat geithner and terrorist Dimon, the trio of deceit  and corruption come to the rescue of and bail out this imf pig !



Sun, 05/15/2011 - 15:26 | 1276788 Atomizer
Atomizer's picture

Strauss-Kahn discovers he has no diplomatic immunity and shouts I'M Fucked!


Something must have gone terribly wrong.

Sun, 05/15/2011 - 15:26 | 1276790 JR
JR's picture

Thanks, Zero Hedge, for the video featuring Strauss-Kahn’s attorney Benjamin Brafman on “Why Is Israel Attacking Civilians?”  He certainly has the proven court room skills that DSK needs - like OJ needed the skills of Johnnie Cochran, Jr. After witnessing Brafman's defense of Israel on the video, attacking every enemy of the Jews he could think of from Palestinians to the Germans, I shudder to think what he will have in mind for the poor New York maid.

With Brafman’s Israel-only reputation, the Jewish angles on the entire financial industry from the United States to Sarkozy are going to be on the front burner in a DSK trial in New York.


Sun, 05/15/2011 - 15:30 | 1276806 Rynak
Rynak's picture

At this point, if he is guilty, which because of my previous post up i strongly suspect, then it really doesn't matter much what he is fined or sentenced for.... it doesn't even matter if he legally is found guilty..... you know why? How much do you think would he get for sexual assault, rather than rape (since she managed to escape)? Do you think it would be fines or jailtimes that would matter to him at all?

The media is where he is punished or not.

Sun, 05/15/2011 - 16:10 | 1276907 JR
JR's picture

Agreed. In a civilized world, Strauss-Kahn would/will be toast.

However... victim "escape” is not a part of the rape, i.e,, sexual assault, picture..

The following is an interpretation of the New York State Penal Code 130 and changes brought about by Sexual Assault Reform Act (SARA).

What constitutes lack of consent?

Under New York State law, a sexual offense occurs when certain sexual acts are perpetrated against a victim without his or her consent. The law defines both (1) the behavior and the physical nature (body parts, etc) of a sex offense and (2) the lack of consent involved.

"Lack of consent" is defined in New York State's Penal Law as occurring in the following circumstances:

Forcible Compulsion:

  • actual physical force.
  • the threat of physical force, expressed or implied, that puts the victim in fear of being physically harmed or of another person being physically harmed (e.g. one’s child).
  • the threat to kidnap the victim or a third person.

OR Physically helpless: physically unable to indicate a lack of consent (e.g. because victim is unconscious or because of a physical disability that makes one unable to physically or verbally communicate lack of consent).


What constitutes a sexual offense?

If any of the following acts are perpetrated against a victim "without his or her consent," as defined above, it is a crime under New York State Law:

Sexual Intercourse…


Criminal Sexual Act (Oral or Anal Sexual Conduct…



Sun, 05/15/2011 - 17:33 | 1277147 velobabe
velobabe's picture

department of homeland security violates all of those rules, everyday on every day people. how come they can do this in JFK airport and not be detained and accused.

Sun, 05/15/2011 - 17:46 | 1277188 JR
JR's picture

You got it, velobabe.  And guess who gets a cutback on all the TSA’s use of the body scanners, invasive pat-downs and feeling arounds: George Soros and former head of homeland security, Michael Chertoff, whose father and grandfather were rabbis.

All this manna flowing from Heaven for the chosen few just “to take a nude picture of you at the airport.”

Sun, 05/15/2011 - 16:21 | 1276946 Atomizer
Atomizer's picture

JR, you reminded me of a story from the past. It's interesting to see birther issue connection.

AIPAC on Trial

Had you not posted, would have never checked. Thanks

aipac obama trial

Sun, 05/15/2011 - 17:36 | 1277150 JR
JR's picture

Atomizer, your links underscore how extensive the connections are between the state of Israel and U.S. political leaders.  Interesting that today ZH has material on Strauss-Kahn’s arrest, a video of outspoken Zionist lawyer Benjamin Brafman, and news of Palestinians being killed on Israel’s borders.

Then, connect these to next week’s annual AIPAC policy meeting in Washington, DC (Hillary, Netanyahu and others to speak) and Israel’s major new push to attack Palestinians as not equal negotiators because the West Bank wants to combine with Gaza (Hamas terrorists, say the Israeli terrorists).

Interesting that former CIA officer, Peter Giraldi, the author of the blockbuster you link to Steve Rosen who is accused of and then appears to have received a pressured pardoned from spying, is now executive director of the Council for the National Interest.  That the potential repercussions from this trial are so explosive is apparent in the lead, that quickly draws the reader in :

Reports of surfing porn sites and frequenting prostitutes are not what one expects to read about the leadership of Washington’s most powerful foreign-policy lobby. But a bitter civil suit is bringing some of the American Israel Public Affairs Committee’s most sordid secrets to light. AIPAC is embroiled in a court battle with its former director of foreign-policy issues, Steven Rosen, who claims the committee first unfairly fired then slandered and libeled him for not exhibiting ‘the conduct that AIPAC expects from its employees.’ He is seeking damages totaling $20 million.

“AIPAC has successfully limited the case to the defamation charge, but attempts to have the suit dismissed outright have failed. Defeat for AIPAC could have serious consequences beyond a sudden shortage of donors—including increasing demands that the group register as a foreign lobby. Even criminal charges related to passing classified information to Israel, an offense under the Espionage Act, could be in the offing. There is some prospect that the trial could spin out of control, with proliferating charges and counter-charges leading to the effective dismantling of AIPAC…”

All  this is a prelude for AIPAC’s annual conference (May22-24) where most all members of the U.S. House and Senate and the president or vice president of the United States, along with candidates for Congress and the leading Republican candidates for president, will be standing in line before this powerful Israeli lobby waiting for handouts. Already AIPAC reports all hotels near downtown filled while  more than 7,500 pro-Israel activists from all 50 states have converged on the nation's capital for the largest-ever AIPAC Policy Conference.”

Sun, 05/15/2011 - 18:09 | 1277258 Atomizer
Atomizer's picture

Thanks again. Used to follow that trial heavily for years. It kept getting exended out. Thanks for reminding to look back in time. :)

Sun, 05/15/2011 - 15:30 | 1276802 corndog
corndog's picture

fry him.

Sun, 05/15/2011 - 15:27 | 1276804 goldinpenguin
goldinpenguin's picture

He better cut a deal with that maid ASAP.I assume the maid is minority, probably dark skin and he, a rich french-jew banker gets hauled in front of an all minority Manhattan jury - he could spend the rest of his life in a NY state prison

Sun, 05/15/2011 - 15:48 | 1276846 dark pools of soros
dark pools of soros's picture

huh??  these days she was probably a 4year college grad with a cheap tan and working there until an opening in Scores pops up

Sun, 05/15/2011 - 15:28 | 1276809 Arch Duke Ferdinand
Arch Duke Ferdinand's picture

Canadians Banished at the U.S. Border: Ensnared in customs hassles post 9/11....

Sun, 05/15/2011 - 15:33 | 1276815 DarAdder
DarAdder's picture

I guess his nickname in prison might be uh...... "Dominique"

Sun, 05/15/2011 - 15:35 | 1276821 Joebloinvestor
Joebloinvestor's picture


Sun, 05/15/2011 - 15:43 | 1276840 dark pools of soros
dark pools of soros's picture
IMF ‘Fully Functioning’

The IMF “remains fully functioning and operational” following Strauss-Kahn’s arrest, the Washington-based organization said in a statement on its website today.



how many viagra bailouts were needed for the above to be true?


Sun, 05/15/2011 - 15:51 | 1276854 MagicHandPuppet
MagicHandPuppet's picture

Off with his head!

Sun, 05/15/2011 - 15:54 | 1276870 Lucius_Junius_Brutus
Lucius_Junius_Brutus's picture

I don't want to appear like someone defending him for the sole reason that I am french too since I don't like the guy nor what he does for a living but as far as I am concerned you're innocent until proven guilty.

That being said the circumstances... well, let's just say it doesn't look good for him. BTW, here most of the people think he is being set up because he was the favorite in the next presidential election. Wich is possible but I think is a bit far-fetched, no one talk about the fact that he could be set up because of his involvement with the IMF, which would be more probable but still too far out there. Back here he was known for being... er... very active, sexually, and a bit too forthcoming with women... So to sum it up, it is very surprising that a man who is -according to the French media- the favorite in every poll for the next presidential election would do something that stupid but on the other hand he has been playing with fire for quite some time now... So I don't know what to think. What do you think?

Sun, 05/15/2011 - 22:47 | 1277931 StychoKiller
StychoKiller's picture

'Tis the screwing you get for the screwing you got!

Sun, 05/15/2011 - 16:06 | 1276890 zippy_uk
zippy_uk's picture

He obvious needs a bit of a bailout. Irish some Greek could Portual him some euros to fund a truth stability pact before his factual deficit has a ratings downgrade below junk.

It seems to be one German big fuck up economically as well as carnally speaking, however lower deficity denier third parties seem to be extend and pretendingly out of this legal contaigon by non-vitueous diplomatic immunity.

Sun, 05/15/2011 - 16:08 | 1276898 Marina Sorciere
Marina Sorciere's picture

Ok - IF you had the (correct) revelation that you were set-up in that hotel room, what would YOU do?

Call the manager's desk? The cops, maybe?...or get the hell out of there, perhaps?


In something like this, it is her word against his. There is no proof (bite marks, alas?) unless we're to be treated with pics later. (The thought makes me thoroughly nauseous).


Oh yeah, the light bulb goes off - <forged invoices discovered pre-election(circa 1999), the gift of IMF chair by Sarkozy (bye-bye), expectations of Socialist Party Pres election candidature conveniently at end of IMF stint (OR NOT!)>


This guy HAS to know he's f*#cked after his previous reprimand. He removes his f*t a$s from the scene poste haste. I'm sure he's totally freaked out! Had this happened in problem. But in the sexophobic US! THEY chose the perfect nail for his political coffin.


He had not learned the lesson of who was pulling his strings.

Sun, 05/15/2011 - 16:13 | 1276921 Lucius_Junius_Brutus
Lucius_Junius_Brutus's picture

And I thought he was a good minion for the oligarchs. If you think he was set up, then by whom?

Sun, 05/15/2011 - 16:18 | 1276948 wisefool
wisefool's picture

Call the manager's desk? The cops, maybe?...or get the hell out of there, perhaps?


Yes, Yes, No. Just like I posted earlier about maids being exposed to perverts, guys at his level and age know the first thing you do is get visible (down to the lobby), talk with the sincerity to the first responders, and get a lawyer there A.S.A.P. But you don't leave the scene of a non-crime.

Then if you are truly being framed up, you still have the plea options availible, like "destruction of property", "substance posession/abuse" etc and you get away with a resignation and hush money.

Sun, 05/15/2011 - 16:35 | 1276988 dbTX
dbTX's picture

does a blue dress ring a bell?

Sun, 05/15/2011 - 16:12 | 1276927 Raymond K Hessel
Raymond K Hessel's picture

This rape charge is retaliation for IMF's report on US debt.  It's almost like we live in a Tom Clancy dreamscape.

Sun, 05/15/2011 - 16:39 | 1276998 pcrs
pcrs's picture

rape is what the IMF does all the time. I think it is to get ensure a bailout for Greece, because JPM/Goldman gave them cash in return for future income, to polish up their balance sheet for euro admission.

Sun, 05/15/2011 - 17:48 | 1277179 Raymond K Hessel
Raymond K Hessel's picture

Yeah, I know, but then you got to add the rape charge to the Wikileaks guy and, it's like DUDES, WTF?  You're all a bunch of pussies...50 years ago someone crossed you guys and it would be like BLAM BLAM you're getting your ideas from "Law & Order SVU"....I mean, like, shit man, c'mon... lame.

Right?  Lame, right?

Sun, 05/15/2011 - 16:30 | 1276971 pcrs
pcrs's picture

“As in the American subprime crisis and the implosion of theAmerican International Group, financial derivatives played a role in the run-up of Greek debt. Instruments developed by Goldman Sachs, JPMorgan Chase and a wide range of other banks enabled politicians to mask additional borrowing in Greece, Italy and possibly elsewhere.
In dozens of deals across the Continent, banks provided cash upfront in return for government payments in the future, with those liabilities then left off the books. Greece, for example, traded away the rights to airport fees and lottery proceeds in years to come.”

Kind of handy that a JPM man heads the IMF now.

Sun, 05/15/2011 - 16:31 | 1276975 dbTX
dbTX's picture

Tell you what I think; he wishes he had stayed in Paris.

Sun, 05/15/2011 - 16:38 | 1276990 zippy_uk
zippy_uk's picture

Paris - yes, very pretty city. Trouble is though it is full of Parisians..

Sun, 05/15/2011 - 18:26 | 1277290 Rodent Freikorps
Rodent Freikorps's picture

IMF headquarters is in Washinton D.C.

Even if he escaped to France, that would put a kink in things.

Sun, 05/15/2011 - 18:56 | 1277364 zippy_uk
zippy_uk's picture

I think the "kink" in the situation was already present. Too late on that point I think...

Sun, 05/15/2011 - 16:42 | 1276997 Cocktosen
Cocktosen's picture

The bitch set me up!

Sun, 05/15/2011 - 16:50 | 1277019 Muir
Muir's picture

Listen, why is it nobody says the obvious?

This is great news for silver.


Charlie: "Catastrophe equals opportunity."

Charlie: "Think about it? Eh?"

Sun, 05/15/2011 - 16:54 | 1277036 poggi
poggi's picture

No way this guy goes to jail.  The Sofitel maid will be offered so much money to "mis remember", she and all her relatives will never have to work again.  Dream on, boys.

Sun, 05/15/2011 - 16:59 | 1277071 cdskiller
cdskiller's picture

He may not have diplomatic immunity, but he has a fancy mustache on ze head of his little puppet zat needs a little wax. Would you mind, mon cherie?

Sun, 05/15/2011 - 17:33 | 1277148 edmondantes
edmondantes's picture

His mistake is not to realise that the US is a fascist police state run by C1A with a laughable legal system.  Story is so ludicrous it is clearly a C1A fit-up.  Hardly surprising since Sarkozy is a C1A lapdog... his masters in Langley obviously set up an operation wita fake 'chambermaid' who amazingly 'broke free' just in time... clearly the moneyprinting cabal desperately need the IMF to print some more money for them and DSK wasn't following instructions

Sun, 05/15/2011 - 18:01 | 1277221 falak pema
falak pema's picture

when did you escape from chato d'if?

Sun, 05/15/2011 - 17:43 | 1277165 velobabe
velobabe's picture

he leaked, a wiki.

Sun, 05/15/2011 - 20:08 | 1277240 Bob
Bob's picture

Yeah, you could characterize the IMF's various "debt reorganizations" of insolvent creditor nations as rapes, but the metaphor seems melodramatically inadequate when you soberly consider the millions of citizens of those countries who subsequently starved and otherwise died in the great cause of sparing "investors." 

Murder is the appropriate word.  Mass murder, actually.  I guess banking is a dirty business. 

Sun, 05/15/2011 - 18:14 | 1277265 MaldelBot
MaldelBot's picture


Mon, 05/16/2011 - 04:14 | 1278373 Lucius_Junius_Brutus
Lucius_Junius_Brutus's picture

Star trek reference: +1

Sun, 05/15/2011 - 18:14 | 1277267 godzila
godzila's picture

Regardless of what did actually happen with DSK I muss say that this "limited immunity" is nonsense. There is so much room for interpretation (as we will certainly witness over the coming days) that it's just useless.

Sun, 05/15/2011 - 18:34 | 1277308 Vuvuzela
Vuvuzela's picture

I bet 100 barnakes that he will end uo in a 2/2 place in less then 1 year due to a heart atack and age LOL

He better have an insurace policy no matter this incident was real or a hoax

On the other hand he might better start taliking maybe that will buy him some time and an insurance policy

Sun, 05/15/2011 - 19:05 | 1277380 ziggy59
ziggy59's picture

IMF to sell gold for bail and other stuff....

Sun, 05/15/2011 - 19:07 | 1277390 zoomer
zoomer's picture

Anyone see this?

Any opinions?

Sounds kinda like a Lydon La Rouche speech writer??

Mon, 05/16/2011 - 01:18 | 1278232 palmereldritch
palmereldritch's picture

Great background on the story in the link.  Thanks

Mon, 05/16/2011 - 14:20 | 1280010 cranky-old-geezer
cranky-old-geezer's picture

Hmmm.... sounds like someone got cold feet over the idea of Fed disappearing.

Mon, 05/16/2011 - 03:22 | 1278349 Ted K
Ted K's picture

No Probs.  I heard he's already got Roman Polanski lined up as a character witness.  If she was underage, then it's a double barrel shotgun approach, Woody Allen. If that fails, then they're calling in the heavy artillery: Every single Catholic priest who has been transferred from a parish since 1975.  By the time the priests are done giving testimony for Kahn's character in 3070, statute of limitations will have passed.

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