Document Type : Article
Authors
1 PhD student of International Law, Payame Noor University, Tehran, Iran
2 Associate Professor, Department of Law, Payame Noor University, Tehran, Iran
3 Assistant Professor, Department of Law, Payame Noor University, Tehran, Iran
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
English
- Cassel, P. (2012). Grounds of Judgment: Extraterritoriality and Imperial Power in Nineteenth- Century China and Japan;(Oxford Studies in International History)- U.K, Oxford University Press.
- Denza, E. (2008). Diplomatic Law: A Commentary on The Vienna Convention on Diplomatic Relations. (3rd ed.),112–13-U. K, Oxford University Press.
- O. (2012). Vienna Convention in Perspective. Lagos- Nigeria, Golden Publishers.
- Grotius, H. (2005). The Rights of War and Pease.1(Book l)- U.K., Cambridge University Press
- B. (2012). Personal Inviolability and Diplomatic Immunity in Respect of Serious Crimes. - Accra, Ghana International Press Centre, Abdul Press.
- B) Articles
- Farhangi, L, S. (1986). Note, Insuring Against Abuse of Diplomatic Irrimunity. Stanford Law Review, (38), 1517-1519.
- Friedrich, K. (2007). Note, Statutes of Liberty? Seeking Justice Under United States Law When Diplomats Traffic in Persons.Brooklyn Law Review, (72), 1139- 1160.
- Groff, J. (2000). Note, A Proposal for Diplomatic Accountability Using the Jurisdiction of the Inteniational Criminal Court.’ The Decline of an Absolute Sovereign Right. Temple International & Comparative Law Journal, (14), 209- 218.
- Hickey, Jr. James E. & Fisch, A. (1990). The Case to Presewe Criminal Jurisdiction Immunity Accorded Foreign Diplomatic and Consular Personnel in the United States. Hastings Law Journal, (41), 351- 356.
- MacPherson, B. F. (1998). Building an International Criminal Court for the 2Ist Century. Connecticut Journal of International Law, (13), 1-38.
- McDonough, M. B. (1997). Privileged Outlaws. Diplomats, Crime and Immunity. Suffolk Transnational Law Review, (20), 475-78.
- Morris, W. G. (2007). Constitutional Solutions to the Problem of Diplomatic Crime and Immunity. Hofstra Law Review, (36), 610-637.
- Randall, K, (1988). Universal Jurisdiction Under International Law.Texas Law Review, (66), 785- 830.
- Udeoji Ebele Angela & Ochoga Edwin Ochoga. (2023). The Abuse of Diplomatic Immunities Among States: Issues and Challenges. Wukari International Studies Journal, (7), 275-282.
- Wright, S, L. (1987). Note, Restricting Diplomatic l rritriunity to Deter Violent Criminal Acts. - A Proposal for Amending the Vienna Convention. Boston University International Law Journal,(5), 177- 184.
- Zaid, M. S. (1998). The Question of Diplomatic Immunity. To Have or Not to Have, Thai Is the Question. Ilsa Journal of International & Comparative Law, (4), 623-628.
- C) Documents
- United State Constitutuion. art. II, § 2
- Vienna Convention on Diplomatic Relations, Apr. 18, 1961, 23 U.S.T. 3227, 500 U.N. T.S. 95 [hereinafter Vienna Convention].
- Vienna Convention on Consular Relations, Apr. 24, 1963, 21 U.S.T. 77, 596 U.N.T.S. 261 [hereinafter Consular Relations Convention]; Agreement Regarding the Headquarters of the United Nations, June 25, 1945, 61 Stat. 3416, 11 U.N.T.S. 11 [hereinafter Headquarters Agreement).
- Rome Statute of the International Criminal Court, July 17, 1998, 2187; U.N.T.S. 90, arts.2, 20, 22, 55, 66, 58, 64, 67. [hereinafter Rome Statute].
References In Persian:
- Ebrahimi, S., and Others. (2020). Diplomatic support for damaged legal entities with an emphasis on damage to commercial companies from foreign countries. Islamic Research and Studies Journal, 2 (15),106-131 (In Persian).
- Jahangiri, N. A. (2018). Diplomatic immunity from the point of view of jurisprudence. Ma'aref Qur'an and Etrat Journal, 5 (8),199-223 (In Persian).
- Mousa Zadeh, R., & Rezaei Estakhroyeh, M. (2015). The Evolution of the Concept of Diplomatic Immunity: Security and Human Rights Considerations. Security Research Journal, (52), 189-216 (In Persian).
- Rashid Germi, A., and others. (2022). Criminal responsibility to attack embassies in Iranian criminal law and Islamic jurisprudence. Iranian Political Sociology Journal, (27), 1569-1612 (In Persian).
- Shaban nia Roknabadi, G. (2021). Reviewing the Jurisprudential Evidences of Diplomatic Immunity in Islamic Countries. Islamic Government Journal, (102), 147-172 (In Persian).
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