Immunity of diplomatic personnel under public international law

Abstract

The immunity granted to a diplomat is one of the most important pillars of existing relations between countries, as it aims to ensure the effective performance of the functions of diplomatic missions that achieves the goals of diplomacy in managing the affairs of foreign countries and strengthening relations. Immunity is defined as the diplomat's enjoyment of an ample amount of freedom while performing the tasks assigned to him, and is based on the requirements of the job. This theory was taken into account by the Vienna Convention on Diplomatic Relations of 1961 in addition to the representative status. The personal immunity of a diplomatic envoy is the fundamental basis from which all diplomatic immunities and privileges emerge. As for judicial immunity, it represents the diplomat’s exemption from being subject to the judicial jurisdiction of the host state. The crimes attributed to the diplomatic envoy do not fall within the jurisdiction of the host country’s courts, whether criminal, civil, or administrative jurisdiction, or even the provision of testimony. The study was divided into two sections, the first dealt with the concept of diplomatic immunity, while the second section was devoted to studying the content of diplomatic immunity. The study concluded with several results, the most important of which are: The nature of diplomatic actions during the presence of a diplomat in the host country requires the presence of immunities that facilitate the performance of his work, as he is considered a representative of a sovereign state, and any action taken against a diplomat is considered an action taken against his country.