In case of abuse of exemptions the state in whose waters the foreign ship of war is, can request it to depart; and if its request is not complied with, can use force, though the customary method is to resort to diplomatic channels.
[§ 64. Special Exemptions]
(a) In certain Oriental states, the subjects of Western states are by treaty exempt from local jurisdiction. The extent of the exemption in each case depends upon the treaty provisions. The basis of this exemption is found in the "incompatibility of habits of thought on all legal and moral questions,"[187] and the consequent impossibility of obtaining what to the Western states seemed just treatment on the part of Oriental officials. Consular courts were established to meet the needs of foreigners within the jurisdiction of these Eastern states.[188] The consuls in these states were invested with special judicial powers, though not considered by the laws of the United States judicial officers. Each state determines the competence of its consular courts in foreign states.
The following rules are general, though not absolute, propositions in regard to the treatment of cases involving natives of Eastern countries and foreigners.
(1) Penal Matters. If a native commits a crime against a foreigner, he is generally tried in the local court.
If a foreigner commits a crime against a native, he is generally tried in the consular court of his state.
If a foreigner commits a crime against a foreigner of another nationality, he is generally tried in the consular court of the injured foreigner.
If both parties to the crime are of the same nationality, the offenders are tried in the court of their own state.
If the crime is a grave one, such as murder, sentence cannot be passed without the sanction of the home government, and in some cases the offender is sent home for trial.
(2) Civil Matters. In cases involving a foreigner and a native, the trial is generally by agents of the two countries.