حدود الحصانة الدبلماسية في مواجهة الإجراءات الجزائية

Abstract

Abstract Limitations of Diplomatic Immunity in Criminal Procedures This doctoral study begins with an introductory chapter on the limitations of diplomatic immunity in criminal procedure. This immunity is of great importance to diplomats, who in a accordance with Article 31 of the Vienna Convention of 1961, enjoy immunity from the criminal jurisdiction of the receiving State, and are not obliged to give evidence as a witness. Diplomats enjoy exemption from civil and administrative judiciary, as well as immunity from criminal proceedings of the receiving State, including seizure or arrest, search and investigation, and other legal procedures that the receiving State when laws are takeover. Such immunity to judicial procedures is necessary for the smooth functioning of diplomatic tasks, which require freedom and independence. In the first chapter, I examine attempt the general provisions of the concept of diplomatic immunity, we tried to distinguish between diplomatic immunities and privileges, and to identify those who qualify for such immunities, notably diplomatic representatives and consular, I further examined the difference between personal and judicial immunity. The second chapters look at detail at the legal nature source of diplomatic immunity in this section, and we highlighted the theories surrounding diplomatic immunity and pointed to the role of the International Court of Justice and the International Criminal Court in establishing the jurisprudence relating to legal immunity. 7 The third chapter, tackles the limitations of judicial immunity, and seeks to distinguish between the diplomatic envoy and his personal acts, and between minor offenses and serious crimes committed by diplomatic representatives. It further examines the judicial immunity categories from criminal's argument in view of western jurisprudence and Arab Islamic jurisprudence. The fourth chapter deals with the applications of the immunity in relation to felonies and misdemeanours, and how immunity applies during misdemeanour cases, as well as, the international law opinion in the misdemeanours committed by diplomatic representatives, pre-trail procedures, and the position of international custom of operational procedures against diplomatic representatives. Finally, the study address legal procedures for accountability in grave/serious crimes or crimes against humanity, the process to waive immunity, and the legal action to address the abuse of immunity in light of Vienna Convention on Diplomatic Relations of 1961. It further examines and immunity from crimes against humanity proposes a draft resolution to examine the biography of the diplomats before delegate them, and proposes creating a new office within the United Nations Secretariat to pre-screen biography of diplomatic representatives before appointing them.