Journal articles: 'Diplomatic immunity'

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Gunawarman, Irsyad Prabowo, Wisnu Aryo Dewanto, and Suhariwanto Suhariwanto. "Kekebalan Diplomatik dalam Transaksi Komersial." KELUWIH: Jurnal Sosial dan Humaniora 1, no. 2 (October 28, 2020): 54. http://dx.doi.org/10.24123/soshum.v1i2.3333.

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Abstract—Diplomatic immunity and privilege which is arranged in the Vienna Convention 1961 is very important in ensuring the enactment of diplomatic functions in doing the mission. The abuse of immunity and privilege owned by the diplomatic representative often happens. Diplomatic representative abuse their rights in the form of mild violation to heavy crime. There have been cases on the abuse of diplomatic immunity in commercial transaction related to the civil jurisdiction immunity of the country the diplomat assigned in. The landlord in the country who rent their property to the diplomatic representative have become the victim in the abuse of diplomatic immunity. There was a diplomatic representative who refused to pay the rent because of diplomatic immunity reason and eventually managed to escape from the obligation to pay for the commercial transaction due to the protection of the immunity and privilege Keywords: abuse, diplomatic immunity, commercial transaction Abstrak—Kekebalan dan keistimewaan diplomatik yang diatur di dalam Konvensi Wina 1961 merupakan hal yang sangat penting untuk menjamin pelaksanaan fungsi diplomat dalam menjalankan misinya. Penyalahgunaan kekebalan dan keistimewaan yang dimiliki perwakilan diplomatik masih sering terjadi. Perwakilan diplomatik menyalahgunakannya dalam bentuk pelanggaran ringan hingga kejahatan yang berat. Dalam perkembangannya, telah terjadi kasus penyalahgunaan kekebalan diplomatik dalam transaksi komersial yang berkaitan dengan kekebalan yurisdiksi sipil negara penerima. Para tuan tanah dari negara penerima yang menyewakan propertinya kepada perwakilan diplomatik menjadi korban dalam penyalahgunaan kekebalan diplomatik. Ada perwakilan diplomatik yang menolak membayar biaya sewa dengan alasan kekebalan diplomatik yang pada akhirnya lolos dari kewajibannya untuk membayar transaksi komersial karena berlindung pada kekebalan dan keistimewaan yang dimilikinya Kata kunci: penyalahgunaan, kekebalan diplomatik, transaksi komersial

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Yusvitasari, Devi. "PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)." Ganesha Civic Education Journal 1, no. 1 (October 9, 2019): 60–71. http://dx.doi.org/10.23887/gancej.v1i1.64.

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A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

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Yusvitasari, Devi. "Penerapan Prinsip Persona Non Grata Terhadap Duta Besar Ditinjau Dari Perspektif Hukum Internasional (Studi Kasus Penganiayaan TKI Oleh Duta Besar Arab Saudi Di Jerman)." Jurnal Locus Delicti 1, no. 2 (April 14, 2021): 75–87. http://dx.doi.org/10.23887/jld.v1i2.375.

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A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non- grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

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Warbrick, Colin, and Dominic McGoldrick. "I. Diplomatic Representations and Diplomatic Protection." International and Comparative Law Quarterly 51, no. 3 (July 2002): 723–33. http://dx.doi.org/10.1093/iclq/51.3.723.

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The European Court of Human Rights has decided in the last three years five cases dealing with state or international immunities.1 Although the facts differed, the arguments of the applicants were much the same. They contended that allowing a foreign State or an international organisation to claim immunity in a civil action in proceedings in the defendant State violated the applicants' rights to access to a court for the determination of a civil right.2 The European Court accepted the claims in principle but concluded in each case that the limitation imposed on the right of access was for a legitimate reason (the protection of State or international immunities, a condition for effective co-operation between States or with international organisations) and was proportionate to this aim, because in each case, the grant of immunity was required by international law and that in each case there was the possibility of the applicant using another procedure to try to assert his rights, action in the courts of the foreign State or under the special staff regime of the international organisation.

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Langhorne, Richard, Linda S. Frey, and Marsha L. Frey. "The History of Diplomatic Immunity." American Historical Review 105, no. 1 (February 2000): 178. http://dx.doi.org/10.2307/2652455.

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Shi, Xinxiang. "Diplomatic Immunity Ratione Materiae and Crimes in International Law." Nordic Journal of International Law 90, no. 2 (April 9, 2021): 228–52. http://dx.doi.org/10.1163/15718107-bja10025.

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Abstract Diplomatic immunity ratione materiae covers not official acts in general but merely acts performed in the exercise of diplomatic functions. Consequently, crimes in international law cannot be protected by this immunity because Article 3(1) of the Vienne Convention on Diplomatic Relations (vcdr) in general should accord with international law, although certain functions under the Article do not contain a ‘legal’ element. Further, diplomatic immunity ratione materiae cannot be upheld for jus cogens violations because Article 3(1) must not contradict a jus cogens prohibition. The dividing line between the procedural rule of immunity and the substantive rule of jus cogens is blurred by the fact that the scope of diplomatic immunity ratione materiae essentially hinges upon the contents a substantive treaty provision setting out diplomatic functions.

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Goverdovskaya, Tatyana, and Mikhail Perepelitsyn. "Reforming the Institute of Diplomatic Immunity." Legal Concept, no. 3 (October 2019): 130–36. http://dx.doi.org/10.15688/lc.jvolsu.2019.3.19.

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Introduction: the paper carries out a legal analysis of the existing diplomatic immunities and privileges in international law. Currently the principle of immunity of a diplomat has serious problems in practical application. Despite the fact that the inviolability of diplomatic mission and diplomatic personnel is recognized and generally respected by all states, attacks, killings and terrorist acts against diplomats are not uncommon in modern international realities. These incidents define the issue and purpose of the study: to find ways of reforming the existing norms in international law governing the principle of inviolability of diplomatic personnel and their missions. The following methods of scientific knowledge were chosen as the methodological framework for the study: systematicity, analysis, historicism and modeling. Results: the cited facts of the violation of diplomatic immunity in the Caspian states prove the general tendency to ignore the basic principles and norms of diplomatic law, or irresponsible attitude towards it. Ensuring the security of all diplomatic missions and their personnel is a high-priority task for states to protect the inviolability of such institutions and individuals. Conclusions: the study identified the problems related to the failure of a host state to comply with the obligation to provide security measures for the mission and its personnel, which makes it necessary to put proposals on amending the existing international legal norms governing diplomatic immunities and privileges. It is necessary for the authorities of the host state to have access to the premises of the diplomatic mission in order to prevent diplomats from abusing their immunities. In turn, the accrediting state could be able to use its own law enforcement officers to protect its missions and their personnel.

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Shi, Xinxiang. "Official Acts and Beyond: Towards an Accurate Interpretation of Diplomatic Immunity Ratione Materiae under the Vienna Convention on Diplomatic Relations." Chinese Journal of International Law 18, no. 3 (September 1, 2019): 669–94. http://dx.doi.org/10.1093/chinesejil/jmz026.

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Abstract This article explores the scope of diplomatic immunity ratione materiae under the Vienna Convention on Diplomatic Relations. The difficulty regarding the topic lies in the interpretation of what constitutes an act performed “in the exercise of” diplomatic functions. Based on a critique of differing views, it is argued that diplomatic immunity ratione materiae covers not only official acts stricto sensu, but also certain private acts ancillary or incidental to the performance of diplomatic functions. In practice, the availability of the immunity is heavily dependent on the factual end of a case. Therefore, instead of using general exceptions or standards to denote the scope of the immunity, it is better to determine the immunity on a case-by-case basis in light of the seriousness of an act and the connection between the act and the functions performed.

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Era Daniati, Ni Putu. "PELANGGARAN HAK KEKEBALAN TERHADAP GEDUNG PERWAKILAN DIPLOMATIK." Ganesha Civic Education Journal 1, no. 1 (October 9, 2019): 72–80. http://dx.doi.org/10.23887/gancej.v1i1.65.

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Violation of the rights and immunity of a diplomat is a violation of International Law. The occurrence of violations committed by diplomatic officials is due to misuse of duties and authority carried out by diplomatic officials themselves. Immunity and diplomatic privileges are rooted in international law so that those who have the right to give and take it off are subject to international law. Immune dating can only be carried out by the sending country which is the agency that is authorized to abandon the duties of the diplomatic official himself. Immunity and privilege of diplomatic officials do not have to be done by the head of the recipient country.

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Farhangi, Leslie Shirin. "Insuring against Abuse of Diplomatic Immunity." Stanford Law Review 38, no. 6 (July 1986): 1517. http://dx.doi.org/10.2307/1228786.

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Denza, Eileen. "Interaction Between State and Diplomatic Immunity." Proceedings of the ASIL Annual Meeting 102 (2008): 111–14. http://dx.doi.org/10.1017/s0272503700026975.

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Friedman, Hal M. "The History of Diplomatic Immunity (review)." Journal of World History 12, no. 1 (2001): 193–96. http://dx.doi.org/10.1353/jwh.2001.0014.

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Era Daniati, Ni Putu. "Pelanggaran Hak Kekebalan Terhadap Gedung Perwakilan Diplomatik." Jurnal Locus Delicti 1, no. 2 (April 22, 2021): 88–95. http://dx.doi.org/10.23887/jld.v1i2.376.

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Violation of the rights and immunity of a diplomat is a violation of International Law. The occurrence of violations committed by diplomatic officials is due to misuse of duties and authority carried out by diplomatic officials themselves. Immunity and diplomatic privileges are rooted in international law so that those who have the right to give and take it off are subject to international law. Immune dating can only be carried out by the sending country which is the agency that is authorized to abandon the duties of the diplomatic official himself. Immunity and privilege of diplomatic officials do not have to be done by the head of the recipient country.

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Sukaniasa, Komang. "PENYALAHGUNAAN HAK KEKEBALAN DIPLOMATIK DITINJAU DARI KONVENSI WINA 1961 (STUDI KASUS PENYELUNDUPAN EMAS OLEH PEJABAT DIPLOMATIK KOREA UTARA DI BANGLADESH)." Ganesha Civic Education Journal 1, no. 1 (October 9, 2019): 81–94. http://dx.doi.org/10.23887/gancej.v1i1.66.

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Diplomatic officials are state representatives in developing diplomatic relations with other countries where it is accredited. Diplomatic officials have the rights of immunity and privileges granted by the sending country. Besides enjoying these rights, diplomatic officials also have obligations. As a diplomatic official from North Korea, Son Young Nam is obliged to obey the rules contained in the 1961 Vienna Convention, the 1969 New York Convention, and to respect the national law of the country of Bangladesh which is the country where he was accredited. Son Young Nam's smuggling of gold into Bangladesh was a form of abuse of diplomatic immunity. The act violated Articles 27 and 41 (1) of the 1961 Vienna Convention and Article 25b of The Special Power Act of Bangladesh. Although they have the right to immunity, these rights are not absolute. Immune rights can be breached in the event of gross violations committed by diplomatic officials.

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Brown, Jonathan. "Diplomatic Immunity: State Practice Under the Vienna Convention on Diplomatic Relations." International and Comparative Law Quarterly 37, no. 1 (January 1988): 53–88. http://dx.doi.org/10.1093/iclqaj/37.1.53.

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Weiner, Justus Reid. "Diplomatic Immunity? Terror Attacks Against Israeli Embassies and Diplomatic Representatives Abroad." Israel Journal of Foreign Affairs 6, no. 2 (January 2012): 107–26. http://dx.doi.org/10.1080/23739770.2012.11446508.

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Warbrick, Colin, Dominic McGoldrick, and J. Craig Barker. "II. State Immunity, Diplomatic Immunity and Act of State: A Triple Protection Against Legal Action?" International and Comparative Law Quarterly 47, no. 4 (October 1998): 950–58. http://dx.doi.org/10.1017/s0020589300062631.

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The relationship between State immunity and diplomatic immunity has always been a rather complex one. The two concepts undoubtedly have a common juridical background in the form of the concepts of sovereignty, independence and dignity.1On the other hand, recent developments in both fields have seen a move towards a more functional-based approach. Thus, in relation to diplomatic immunity, the dominant theoretical basis is that of functional necessity.2As regards State immunity, recent developments in both international law3and, more particularly, in UK law4, from absolute to restrictive State immunity, have resulted in a more functionally orientated approach, that is, a shift of emphasis in matters of State immunity from immunityratione personaeto immunityratione materiae.5Now two recent cases in the United Kingdom have raised the possibility that, in the case of diplomats at least, the two concepts may be combined to provide a double immunity for diplomatic agents against civil suit. More controversially, the cases have raised the possibility of a third type of protection based upon immunityratione personaein what could be said to amount to a modified act of State doctrine. The cases in question arePropend Finance Pty Ltd. v. Alan Sing and The Commissioner of the Australian Federal Police6and Re P (Diplomatic Immunity: Jurisdiction).7

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Rusnak, Oleksandr. "DIPLOMATIC IMMUNITY AS A TOOL RESEARCH BODIES FOREIGN COUNTRY SERVICES." Strategic Panorama, no. 1-2 (December 15, 2019): 52–57. http://dx.doi.org/10.53679/2616-9460.1-2.2019.05.

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The article describes the tools that allow diplomats to participate in the intelligence activity in the host country; main forms of such work are considered; key concepts are defined that collectively clarify and specify the main provisions used in diplomatic work.Specific examples show the specific nature of unacceptable illegitimate diplomatic activity, which enables certain foreigners who enjoy diplomatic immunity to conduct intelligence activities and take measures that may be incompatible with diplomatic activity in the host country. This situation becomes especially acute in the conditions of armed aggression against our country. It is noted that in the process of exercising these functions, the diplomats of the aggressor country get the opportunity to support the destructive opposition in the territory of Ukraine, to select agents of influence, to carry out other intelligence activities in our country.The notion of intelligence activity as a kind of foreign policy activity of the state, which is secretly carried out by a system of special services and affiliated organizations using specific means and forces, forms and methods in the interest of achieving certain interests, as well as diplomatic immunity, as release from criminal or administrative the civilian jurisdiction of diplomatic missions and person shaving a diplomatic status in the host countries solely for the effective performance of their duties on them tasks. Therefore, personal (ratione personae) and functional (ratione materiae) immunity should be distinguished, which should extend to government officials.It is determined that diplomatic immunity is regulated not only by a set of international conventions but also by a system of national legalacts; it is proved that modern in ternationall awprovides certain opportunities for conducting intelligence work under diplomatic cover in the host country.

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Webb, Philippa. "Reyes v. Al-Malki and Another (U.K. Sup. Ct.)." International Legal Materials 57, no. 2 (April 2018): 320–46. http://dx.doi.org/10.1017/ilm.2018.13.

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On October 18, 2017, the Supreme Court of the United Kingdom delivered an important judgment on diplomatic immunity. It was the first time the Supreme Court had considered the implications of human trafficking for the scope of diplomatic immunity. As Lord Sumption noted, “[s]ince there is some evidence that human trafficking under cover of diplomatic status is a recurrent problem, this is a question of some general importance.”

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Pariente, David. "Diplomatic immunity and the Mental Health Act 1983." Psychiatric Bulletin 15, no. 4 (April 1991): 207–9. http://dx.doi.org/10.1192/pb.15.4.207.

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The UK, in common with all other countries party to the Vienna Convention on Diplomatic Relations, affords foreign diplomats a special status in law. Under the Diplomatic Privileges Act (1964) (DPA), accredited diplomats are accorded inviolability and cannot be detained compulsorily under any Act of Parliament, including the Mental Health Act 1983 (MHA).

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Choi, Tae Hyun. "Relationship between State Immunity and Diplomatic Immunity under the Restrictive Theory of State Immunity." Institute for Legal Studies 36, no. 2 (June 30, 2019): 139–79. http://dx.doi.org/10.18018/hylr.2019.36.2.139.

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ABUJANAH, Anwer Mohamed Ahmed. "IMMUNITIES AND PRIVILEGES OF A DIPLOMATIC ENVOY." International Journal of Humanities and Educational Research 04, no. 01 (December 1, 2022): 147–67. http://dx.doi.org/10.47832/2757-5403.12.11.

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International diplomatic relations represent one of the greatest manifestations of independence and national sovereignty. This requires each autonomous state to establish various relationships with other countries. This leads, subsequently, to exchanges of ambassadors to manage foreign affairs. It is of prime importance to highlight the significance of the preponderant role played by diplomatic representations in the development of international relations. This consequently justifies the privilege and the great assurance granted by States to representatives, and allows them to be more efficient in their representation. This is why all States must ensure that the conditions of diplomatic agents are maintained, their rights are respected, as well as any act of deviation and violation of their assurances. This study therefore proposes to highlight the concept of diplomatic immunity, with its various types and contexts, as an essential element in the practice of this profession. It also aims to make explicit the regulations of the diplomatic system and the legal nature of the privileges granted to ambassadors. Following the various changes recently produced in the international political arena, we consider it necessary to understand the challenges in the field and to study in as much detail as possible the security and guarantees possessed by the diplomatic agent. This study is subdivided into four parts: We will first attempt to define the concept of diplomatic immunity, And we explain, in a second place, the course and the historical development of the latter. While the third part of the study, will be devoted to the explanation of the legal bases being at the origin of this immunity. Finally, the fourth part will include the study of the various types of diplomatic immunity and their different manifestations.

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Nikolova-Marković, Aleksandra, and Vesna Baltezarević. "The abuse of diplomatic immunity and privileges as a modern security-diplomatic challenge." Megatrend revija 17, no. 4 (2020): 7–16. http://dx.doi.org/10.5937/megrev2004007n.

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In this scientific paper is made an analysis of the abuse of diplomatic immunities and privileges as a modern security-diplomatic challenge that needs to be overcome. The method of analysis, the historical method and the inductive-deductive method are used. It was concluded that the abuse of diplomatic immunities and privileges is a problem that dates back a long time and since the distant 1980s, there have been initiatives to change the Vienna Conventions related with the abuse of diplomatic immunities and privileges. Unfortunately, such serious changes have not taken place and therefore this security risk is still present in the practice of countries around the world and there are more and more examples of the practice where diplomats serve individual interests driven by socio-destructive or political intentions instead of institutional and state goals. Thereby, there is a violation of the principles of diplomatic work and the spread of the danger regarding the secure future of the citizens and institutions in the recipient countries.

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Fox, Hazel. "Enforcement Jurisdiction, Foreign State Property and Diplomatic Immunity." International and Comparative Law Quarterly 34, no. 1 (January 1985): 115–41. http://dx.doi.org/10.1093/iclqaj/34.1.115.

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Davidson, Scott, David Freestone, Vaughan Lowe, and Colin Warbrick. "Treaties, Extradition and Diplomatic Immunity: Some Recent Developments." International and Comparative Law Quarterly 35, no. 2 (April 1986): 425–36. http://dx.doi.org/10.1093/iclqaj/35.2.425.

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Jones, David A. "Diplomatic Immunity: Recent Developments in Law and Practice." Proceedings of the ASIL Annual Meeting 85 (1991): 261–66. http://dx.doi.org/10.1017/s0272503700091941.

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SIEH, EDWARD W. "Diplomatic Immunity: A Reconsideration of an Ancient Concept." International Journal of Comparative and Applied Criminal Justice 14, no. 1-2 (January 1990): 269–80. http://dx.doi.org/10.1080/01924036.1990.9688944.

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Bröhmer, Jürgen. "Diplomatic Immunity, Head of State Immunity, State Immunity: Misconceptions of a Notorious Human Rights Violator." Leiden Journal of International Law 12, no. 2 (June 1999): 361–71. http://dx.doi.org/10.1017/s0922156599000151.

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This decision of the House of Lords is significant because it is the first decision of a major court of an important country refusing to grant a former head of state immunity from adjudication in the context of alleged gross violations of human rights. It is shown that state immunity, diplomatic immunity and head of state immunity are to be distinguished and the rules pertaining to head of state immunity are explained. Whereas the author agrees with the result of Lords' decision, he disagrees with the reasoning because the majority circumvented the immunity question by artificially qualifying the alleged human rights violations of General Pinochet as private acts.

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Yogy, Yonathan, and Ida Kurnia. "TANGGUNG JAWAB NEGARA TERHADAP PERLINDUNGAN PEJABAT DIPLOMATIK MENURUT KONVENSI WINA 1961 (CONTOH KASUS PENYERANGAN DUTA BESAR RUSIA DI TURKI)." Jurnal Hukum Adigama 1, no. 1 (July 30, 2018): 1237. http://dx.doi.org/10.24912/adigama.v1i1.2203.

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The establishment of diplomatic relations aims to strengthen a relationships between state. The establishment of diplomatic relations is based on mutual consent between two states. After consent has been reached, each state can dispatch members of the mission .The function of a member of the missions is to represent the sending state, to protect the interests of the sending state and its nationals, to negotiate, Ascertaining by all lawful means conditions and developments in the receiving State, and to promote friendly relations between the sending country and the receiving country. The Vienna Convention 1961 on diplomatic relations provides immunity and privilege to members of the missions in carrying out diplomatic functions . Such immunity and privilege are granted not for personal gain, it is provided to facilitate members of the missions in performing diplomatic functions. One of the forms of immunity is Inviolability. Inviolability of members of the missions is regulated by Article 29 of Vienna Convention 1961. Article 29 stated that the receiving state shall take appropriate measures to prevent any attack on members of the missions. But if the receiving state fails to protect the members of the missions, is there any legal consequence and state’s responsibility ?. The author is interested to raise the issue into a thesis.

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Masalkovski, Ile, and Mirjana Ristovska. "Judicial immunity of diplomatic missions as part of the scope of the diplomatic protocol." HORIZONS.A 22 (November 20, 2018): 87–95. http://dx.doi.org/10.20544/horizons.a.22.1.18.p07.

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Ali Faraj Alghamdi, Ali Faraj Alghamdi. "International immunities for the diplomatic envoy in Islamic law and international agreements: الحصانات الدولية للمبعوث الدبلوماسي في الشريعة الإسلامية والاتفاقيات الدولية." مجلة العلوم الإقتصادية و الإدارية و القانونية 5, no. 17 (September 28, 2021): 22–1. http://dx.doi.org/10.26389/ajsrp.c151220.

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The Diplomatic Agent has great significance at the present time because of the protection and care of the interests of individuals and states have been provided by him. The diplomacy has become the basis for preparing the foreign policy of states, as through diplomatic relations states solve many problems of peace and war and other interests of states. For that many International Conventions and Agreements were concluded to regulate diplomatic relations and lay down the rules for diplomatic protection and immunities. The most important of these international Conventions is the Vienna Convention for Diplomatic Relations 1961. Which brought special privileges and immunities for Diplomatic Agents Due to the significance of the matter, the researcher attempted through the study to shed light on “International Immunities Diplomatic Envoys in International Agreements and Islamic Sharia” by discussing the concept of Diplomatic Envoys, their duties, and the international immunity in International Law and Islamic Sharia. Through highlighting the types of immunities and their scope in International Law and Islamic Sharia, it appears that the Islamic Sharia was long ahead before nations in enforcing immunities rules and international protection of Diplomatic Agents. Thus, it has been the best influence in the international direction to implement rules of diplomatic representation, making it international law. In my study, I followed the inductive analytical approach which is approach through which the texts mentioned in the international laws that regulate the international immunity of the diplomatic envoy are extrapolated and analyzed. The conclusion included the results and recommendations of the research.

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Tiwari, Ayush. "Extent of Functional Immunity Granted to State Officials." Christ University Law Journal 8, no. 1 (January 1, 2019): 81–102. http://dx.doi.org/10.12728/culj.14.4.

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Being a part of the international community has greatly altered the relations between different states. This article will focus on the concept of diplomatic immunity, and, specifically, functional immunity provided to state officials in the realm of international law. A thorough insight into the Vienna Convention regarding Diplomatic Immunity has furthered the scope of present research. Furthermore, a line of distinction is drawn between personal and functional Immunity. This paper will also take a look into the assumptions relating to functional immunity within international law and also evaluate its doctrinal approaches. Additionally, the legal ambit of the official Act, the importance for states to recognize functional immunity is also discussed. This article will not only talk about provisions established in law but also the customs which are adopted in relation to the functioning of rationemateriae. The possibility of weighing functional immunity alongside the states’ civil and criminal jurisdiction is also evaluated in the concluding part.

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Milo, Caterina. "Russian Diplomatic Espionage in Italy." Italian Review of International and Comparative Law 1, no. 1 (October 15, 2021): 171–80. http://dx.doi.org/10.1163/27725650-01010010.

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Abstract After uncovering Russian espionage activities on Italian territory, Italy expelled two Russian diplomats allegedly involved in such activities. The Italian decision, as well as the Russian response, offer a classic example of States’ reaction to acts of non-violent espionage. This comment offers a legal assessment of the events that unfolded in March 2021 and takes into account the implications, in matters concerning espionage, of declarations of persona non grata, diplomatic immunity and, generally, customary international law.

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Diaz-Cediel, Santiago. "Garcia de Borissow and Others v. Supreme Court of Justice – Labor Chamber, Embassy of the Lebanese Republic in Colombia and Embassy of the United States of America in Colombia." American Journal of International Law 111, no. 2 (April 2017): 446–53. http://dx.doi.org/10.1017/ajil.2017.35.

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On August 18, 2016, the Constitutional Court of the Republic of Colombia (Constitutional Court or Court) rendered a significant decision in the Garcia de Borissow and Others case on issues of immunity from execution, diplomatic protection, and objections to customary international law in its review of two combined cases brought by former local employees against the embassies of the Lebanese Republic and the United States of America in Bogotá. While upholding the diplomatic missions’ immunity from execution of lower court judgments awarding monetary sums, the Constitutional Court instructed the Colombian Ministry of Foreign Affairs (Foreign Ministry) to pursue recovery of such amounts either by diplomatic means or through enforcement of those judgments in Lebanese and American courts. The decision is both unique and problematic as a matter of international and domestic law.

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35

Beaumont, John S. "Self-Defence as a Justification for Disregarding Diplomatic Immunity." Canadian Yearbook of international Law/Annuaire canadien de droit international 29 (1992): 391–402. http://dx.doi.org/10.1017/s0069005800004513.

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CHEPEL, O. D. "DIPLOMATIC AGENT’S IMMUNITY FROM JURISDICTION: THEORETICAL AND LEGAL ASPECTS." Law and Society, no. 4 (2021): 258–63. http://dx.doi.org/10.32842/2078-3736/2021.4.35.

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37

Staiano, Fulvia. "Domestic Workers’ Human Rights Versus Diplomatic Immunity: Developments in International and National Jurisprudence." Italian Yearbook of International Law Online 22, no. 1 (2013): 201–20. http://dx.doi.org/10.1163/22116133-02201010.

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Diplomatic immunities significantly contribute to a protection gap for domestic workers in diplomatic households who are victims of egregious forms of exploitation and abuse, and thus, of serious human rights violations. The abuse of such immunities by diplomatic agents in order to shun judicial review by the courts of the receiving States constitutes indeed a serious obstacle to obtaining redress. The resulting conflict between international rules on immunity and domestic workers’ human rights epitomizes the increasingly frequent challenges posed by international human rights law to classic rules of international law, and raises the issue of how to find balanced solutions to such conflicts. Against this background, the uncertain and discretional character of diplomatic measures prevents them from constituting a tool of legal protection for domestic workers experiencing human rights violations. With that in mind, this contribution inquires on alternative remedies available in international and domestic law, with a specific focus on the relationship between international rules on immunities and two other bodies of law, i.e. international human rights law and peremptory norms of international law.

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Sadushaj, Mimoza, Saimir Shatku, Flori Pustina, Erdi Kuka, and Geraldo Taraj. "Interpretation and Application of Article 98 of the Rome Statute." Academic Journal of Interdisciplinary Studies 6, no. 1 (March 28, 2017): 141–47. http://dx.doi.org/10.5901/ajis.2017.v6n1p141.

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Abstract Many high officials accused for crimes falling under the ICC (International Criminal Court) Statute, like the leader of Sudan Omar al-Bashir, have defended themselves against ICC prosecution using their State, diplomatic or Head of State immunity and there so invoking Art. 98 of the ICC Statute. This paper is to clarify all the incorrect claims, which abusively use Art. 98, to justify the objection of ICC prosecution in cases where the defendant has state, Head of State or diplomatic immunity due to his official capabilities. The paper conclusions will deal with the proper interpretation and application of this article and the reasoning of why Head of States and other high officials cannot be defended from the ICC prosecution using their immunity as an argument.

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Fernanda, Eunike Giovani, and Ida Bagus Oka Ana. "Solusi Perselisihan Konsulat Jenderal dan Kedutaan Besar Amerika Serikat di Indonesia dengan Staf Warga Negara Indonesia." Lentera Hukum 5, no. 1 (May 7, 2018): 1. http://dx.doi.org/10.19184/ejlh.v5i1.5706.

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Indra Taufiq, an Indonesia citizen, a former local staff working for the United States of America Consulate General in Medan, brought an appeal to the Indonesian Supreme Court to the United States of America Consulate General in Medan and its embassy to pay Indra Taufiq’s termination of employement rights. Although the verdict of the cassation was won by Indra Taufiq, the consulate general and the embassy of the United States of America refused to carry out the court's verdict on the grounds of diplomatic immunity. This is a legal issue that should be reviewed in terms of the perspective of international law related to the legal status of diplomatic or consular representation in Indonesia and what should be done Indonesia to protect the rights of Indonesian citizens workers. Keywords: Diplomatic and Consular Immunity, Dispute, Citizens

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Sanger, Andrew. "THE LIMITS OF STATE AND DIPLOMATIC IMMUNITY IN EMPLOYMENT DISPUTES." Cambridge Law Journal 77, no. 1 (March 2018): 1–5. http://dx.doi.org/10.1017/s0008197318000120.

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TWO decisions of the Supreme Court – Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62, [2017] 3 W.L.R. 957, and Reyes v Al-Malki [2017] UKSC 61, [2017] 3 W.L.R. 923 – demonstrate the limitations of state and diplomatic immunity in employment disputes, and raise important questions concerning the interaction between immunity and other rules of international law.

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41

Talmon, Stefan. "I. DE-RECOGNITION OF COLONEL QADDAFI AS HEAD OF STATE OF LIBYA?" International and Comparative Law Quarterly 60, no. 3 (July 2011): 759–67. http://dx.doi.org/10.1017/s0020589311000303.

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On 27 February 2011, it was reported in the media that the United Kingdom had revoked the diplomatic immunity of Libyan leader Mu'ammar Qaddafi and his family.1 Earlier that day, the British Foreign Secretary, William Hague, told BBC1's Andrew Marr Show:[…] the people of Libya have risen up against Colonel Gaddafi. We have here a country descending in to [sic] civil war with atrocious scenes of killing of protestors and a Government actually making war on its own people so, of course, it is time for Colonel Gaddafi to go. That is the best hope for Libya and last night I signed a directive revoking his diplomatic immunity in the United Kingdom but also the diplomatic immunity of his sons, his family, his household so it's very clear where we stand on, on his status as a Head of State.2Although Colonel Qaddafi claimed not to have any ‘official position’ in the Libyan State apparatus,3 he has been widely regarded as the Head of State of Libya. The French Court of Cassation held in March 2001 that, as the serving Head of State of the Libyan Arab Jamahiriya, he was completely immune in respect of alleged complicity in acts of terrorism.4 William Hague's statement seemed to give the impression that the United Kingdom no longer recognized Colonel Qaddafi as ‘Head of State’ and thus denied him diplomatic immunity, despite the fact that he was still being listed as such on the Foreign and Commonwealth Office's website ‘Country Profile: Libya’.5 This impression was reinforced by his statement that a British special forces operation the night before which rescued some 150 oil workers from remote desert camps in Libya had been carried out without the ‘official permission’ of the Qaddafi Government.6

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42

Lammers, Johan G. "Immunity of International Organizations." International Organizations Law Review 10, no. 2 (June 20, 2014): 276–86. http://dx.doi.org/10.1163/15723747-01002003.

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In December 1958, the General Assembly invited the International Law Commission to consider the question of relations between states and intergovernmental international organizations after undertaking a study of diplomatic intercourse and immunities, consular intercourse and immunities and ad hoc diplomacy. This paper presents a brief overview of the work of the ilc over a period of 30 years, which was led by two Special Rapporteurs: Abdullah El-Erian (1962–1979); and Leonardo Díaz González (1979–1992). In 1992, the ilc decided to discontinue its work on this topic: this paper will outline the main reasons given by the ilc for this decision, and draw some conclusions from the work of the ilc in this area.

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Fedele, Dante. "The Renewal of Early-Modern Scholarship on the Ambassador: Pierre Ayrault on Diplomatic Immunity." Journal of the History of International Law 18, no. 4 (August 30, 2016): 449–68. http://dx.doi.org/10.1163/15718050-12340069.

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This article deals with the doctrine of diplomatic immunity elaborated by the French jurist and humanist Pierre Ayrault (1536–1601). After a brief outline of the debate on diplomatic immunity from the end of the Middle Ages to the middle of the sixteenth century, the article focuses on Ayrault’s discussion of the topic in the works he published between 1563 and 1588, and points to some important changes that occurred in the way in which the figure of the ambassador was conceived at that time. These changes offer us a number of elements which could lead to a better understanding of the transition from the medieval to the early-modern conceptions of diplomacy and ius gentium.

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44

Nur Heriyanto, Dodik Setiawan. "The Use of Immunity Doctrine in Commercial Activities in Mesopotamia and Ancient Greece." Academic Journal of Interdisciplinary Studies 6, s2 (July 1, 2017): 95–101. http://dx.doi.org/10.2478/ajis-2018-0033.

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Abstract This study traces the history of the formation of immunities concept and its application in commercial activities in ancient Mesopotamia and Greece. The doctrine of immunity is discussed based on the historical process starting from the myth, concept, and its implementation in the commercial/trade activities. By using historical approach, this study shows that in Mesopotamia and Greece, traders or merchants enjoyed absolute immunity due to their position as the representative of their King or polis in which their commercial acts and diplomatic mission were combined. In Mesopotamia, merchants enjoyed the full confidence of the King, and one would not be wrong to suppose that in such enterprises commercial activity and diplomatic mission were combined. Compared to the Mesopotamian practices that granted all traders with the status of immunity from public obligations, in ancient Greece only traders with honorific conditions could enjoy the status of proxenos.

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45

Kim, Taehon. "The Relationship between Diplomatic and State Immunity from the Perspective of Immunity from Adjudicative Jurisdiction." Korea International Law Review 58 (February 28, 2021): 43–71. http://dx.doi.org/10.25197/kilr.2021.58.43.

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46

Theacornelia, Christella Jessicha, and Emmy Latifah. "THE VIOLATION OF IMMUNITY AND DIPLOMATIC RIGHTS: A STUDY OF INDONESIAN EMBASSY WIRETAPPING CASE IN MYANMAR 2003-2004 IN THE ASEAN COMMUNITY SECURITY RESISTANCE BASED ON THE 1961 VIENNA CONVENTION." Journal of ASEAN Dynamics and Beyond 3, no. 1 (April 5, 2022): 10. http://dx.doi.org/10.20961/aseandynamics.v3i1.52145.

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<em><span lang="EN-US">Immunity rights and diplomatic immunity are guaranteed protection of the rights granted by the international community legally through a collective agreement in the 1961 Vienna Convention to the diplomatic representatives to be able to perform their duties properly. The guarantee rights are in the form of the right to do their activities, the right from immunity to regulation regarding assets acquired, including the place of the embassy building. Wiretapping is an effort or attempt to legally invade the private space of another party. At the state level, wiretapping can be used as a threat for security issues. In this study, the author tried to describe the case of wiretapping the Indonesian Embassy in Myanmar in 2004. Besides explaining through the Vienna Convention perspective, as Myanmar and Indonesia are ASEAN Member Countries, the author will try to reveal ASEAN role mainly in ASEAN Security Community project.</span></em>

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47

Humin, Oleksii, Yaroslav Hretsa, Vasyl Homonai, Omar Phartenadze, and Andrii Medvid. "International legal protection of encroachment on life of representative of foreign state." Cuestiones Políticas 40, no. 72 (March 7, 2022): 939–58. http://dx.doi.org/10.46398/cuestpol.4072.57.

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Through legal hermeneutics, the article analyzes the international legal regulation of the protection of a foreign diplomatic representative, therefore, special attention is paid to the regulation of diplomatic privileges and immunities. The need to use the positive experience of states on the introduction of internal security in diplomatic representations is based, this is the purpose of the article. It is important that, despite several existing international legal acts on the protection of diplomatic representations and their personnel, there is an urgent need to increase their efficiency and effectiveness, in particular for the filling of existing gaps in international diplomatic law through further codification and development of international law and, also, to take measures in accordance with this branch of law against the offending state, strengthening sanctions for violations by states of the provisions on the privileges and immunities of foreign diplomatic representations and their personnel. As a result, we consider it appropriate to take the measures provided for by legislation to effectively implement the rules of criminal law on the punishment of persons who have committed crimes against representatives of a foreign State who enjoy diplomatic immunity.

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Glucksmann, Eloïse. "Commisimpex v. Republic of Congo." American Journal of International Law 111, no. 2 (April 2017): 453–60. http://dx.doi.org/10.1017/ajil.2017.30.

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The law in France regarding waivers of foreign state (or sovereign) immunity from execution of judicial judgments (based largely on consideration of international law principles) has recently undergone significant developments. Previously, French case law had required a foreign state's waiver of immunity from execution to be both express and specific to consider valid the attachment of foreign state property allocated to public services (including bank accounts used for the functioning of both diplomatic missions and delegations to international organizations). In 2015, the French Court of Cassation relaxed the criteria it had previously required for giving effect to waivers of sovereign immunity in such situations, thus facilitating the ability of judgment creditors to attach foreign state property in France. Its decision in the Commisimpex v. Republic of Congo case appeared to put an end to that requirement by abandoning the criterion of a “specific” waiver on the ground that “customary international law does not require a waiver of immunity from execution other than express.” In December 2016, however, the French government enacted new legislation reinstating the need for a specific waiver of immunity for the attachment of the property as well as bank accounts of foreign embassies and diplomatic missions and additionally requiring a court order authorizing the attachment or seizure. As a result, France has now embraced a distinctly more protective approach to the immunity of foreign state assets from attachment and execution of judicial judgments.

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Denza, Eileen. "The 2005 UN Convention on State Immunity in Perspective." International and Comparative Law Quarterly 55, no. 2 (April 2006): 395–98. http://dx.doi.org/10.1093/iclq/lei086.

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State immunity is highly unusual among established areas of public international law in that it has been created and developed largely through cases in national courts and through national legislation. In sharp contrast to diplomatic and consular privileges and immunities, the role of reciprocity and of diplomatic negotiation in shaping the rules of state immunity has been rather limited. While national courts have purported to apply these rules as international law, they have inevitably viewed them within the frame-work of the constitutional approach taken by the particular national legal order to rules of international law and they have looked to earlier national precedents rather than to cases in other jurisdictions. In consequence, cross-fertilization has been rather limited and the process of response by national courts to the changing functions of States in the modern world has been painfully slow. Over the past 30 years, the uncertainties and inadequacies of leaving state immunity rules to national courts has been addressed mainly through national statutes—but while the draftsmen and legislators have paid careful attention to other statutes and tried to follow their best features, this process has compounded the perception of the courts that state immunity is an area of national law, to be interpreted and refined at national level.

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Garnett, Richard. "STATE AND DIPLOMATIC IMMUNITY AND EMPLOYMENT RIGHTS: EUROPEAN LAW TO THE RESCUE?" International and Comparative Law Quarterly 64, no. 4 (August 24, 2015): 783–827. http://dx.doi.org/10.1017/s0020589315000366.

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AbstractThe issues of State and diplomatic immunity in cases involving persons employed by foreign States in embassies or consulates or engaged directly by diplomats remain controversial. The focus of this article is on recent developments in European law, in particular under the European Convention on Human Rights, the Brussels I Regulation and the Charter of the European Union, the effect of which has been to enhance the rights of employees of foreign States. Analysis is also made of the United Nations Convention on Jurisdictional Immunities of States and their Property and the current domestic practice of States with the aim of identifying the present international law standard on State immunity and embassy and consular employment. Employees of diplomats, however, remain inadequately protected and this article considers possible strategies for improving their position.

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Journal articles on the topic 'Diplomatic immunity'

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