Document Type : Article

Authors

• farnaz raeeskazemi ¹
• Hossein Alekajbaf ²
• soheyla kosha ³

¹ Farnaz raeeskazemi, PhD student of International Law, Payame Noor University, Tehran Branch Email: f.raeeskazemi@student.pnu.ac.ir, Farnaz_fr63@yahoo.com Mobile:09120635731 The ORCID id : https://orcid.org/0000-0002-7522-4733

² عضو هیات علمی

³ payam noor university-Dr. Soheyla Koosha, Assistant Professor of Payame Noor University, Tehran Province Email: dr.koosha@jonoub.tpnu.ac.ir , koshas2013@gmail.com Mobile: 09203201651 , 09123044470 https://www.webofscience.com/wos/author/record/3181

Abstract

"Diplomatic immunity" is of essential importance as one of the concepts of international law, to maintain the diplomatic relations of countries and the rights and freedom of diplomats. The principle of diplomatic immunity has enabled diplomats to be immune from prosecution of violating the laws of the receiving state. Granting broad immunity to diplomats in some cases may appear to be in conflict with the fundamental right for people to sue, whose rights is ignored by these diplomats. In this article, is tried to answer the questions related to the solutions in response to diplomatic crimes and to avoid cases related to diplomatic abuse and guarantee the rights of the victim, and the challenges before us. This research is based on explanatory-analytical method .The result of the research shows that in order to preserve the right of individuals to sue; and reduce the crimes committed by diplomats because of their common abuses of diplomatic privileges and immunities, there is a need to amend the Vienna Convention and the laws of countries regarding diplomatic law and to establish an international diplomatic court; In order to improve the performance of diplomats and restitutio in integrum (to the victims of the diplomatic crimes).

Keywords

• Diplomatic immunity
• Diplomatic abuse
• Crimes
• International diplomatic criminal court
• International Relations

Main Subjects

• Public International Law