مجلة الحقوق والعلوم الانسانية
Volume 19, Numéro 3, Pages 692-706
2026-10-27
Abuse Of Diplomatic Immunity And The Limits Of International Responsibility
Authors : Djoudi Zineb .
Abstract
The concept of Diplomatic Immunity, as outlined in the Vienna Convention of Diplomatic Relations 1961, is critical to the successful conduct of peaceful and effective diplomacy among States. It is the same immunities that have been accorded to diplomats to ensure that they cannot be prosecuted in accordance with domestic laws that have been used several times to commit crimes and even espionage. This paper will study the legal basis of diplomatic immunity, analyze past cases of its abuse, and examine the limitations on addressing such abuse under international responsibility laws. Using the ILC Articles on State Responsibility as well as decisions made by the International Court of Justice, the analysis concludes that the existing system of diplomatic immunity grants too much discretion to the sending State at the expense of redress for the receiving State and recommends necessary reforms
Keywords
Diplomatic Immunity; Abuse of Privilege; State Responsibility; Vienna Convention on Diplomatic Relations; Persona non grata
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