An important aspect of the settlement, for the U.S., was that the principal of diplomatic immunity was never formally challenged in Pakistani courts. The Pakistani High Court refused to rule on the question and the trial court didn’t make a finding, either. That was crucial for the U.S., which feared that a legal challenge to its claim of immunity for Davis would expose hundreds of other undercover agents around the world who rely on the legal protection of their formal status as “diplomats.”
The final piece of the settlement may be the most complicated. Pakistani officials say discussions will begin soon with the CIA about the “rules of engagement” in Pakistan. “If it’s a CIA operation, the ISI needs to know,” explained one Pakistani official. The CIA has a roughly similar policy of “declaring” its personnel and operations with some other countries with which it has close intelligence ties, such as Britain, France, Israel and Jordan..