Diplomatic Immunity and Human Rights: A Critical Analysis
DOI:
https://doi.org/10.59890/ijaamr.v3i2.340Keywords:
Immunity, International Legitimate, Vienna Convention, Liberty, DiplomacyAbstract
Diplomatic immunity, a bedrock of international relations, assures the peaceful working of diplomatic objectives by providing security to ambassadors from prosecution in host countries. Anchored in the Vienna Convention on Diplomatic Relations (1916), it is important for protecting diplomatic undertakings, especially in times of political uproar and disputes. Nevertheless, this prerogative has stimulated significant dissents when it overlap with human rights, especially in incidents where immunity is conjured to escape accountability for aggravated felonies. These involve accusations of modern slavery, molestation, and manipulation. Experts justify that the comprehensive security managed under diplomatic immunity can often erode the standards of civil liberties and justice sanctified in human rights frameworks. This article desperately analyzes the anxiety between diplomatic immunity and human rights, suggesting a apprehensible examination of cases from the past, legal structures and the ethical paradoxes included. To add more, it also explores the hurdles of balancing the requisite of diplomatic immunity with the obligation to defend human rights. By examining the vital case investigations, and suggesting effective amendments, this paper seeks to do a part to the continuous debate on how international legitimate frameworks can accommodate to assure accountability while protecting diplomatic associations. Finally, this review emphasizes the urgency for a more balanced framework that integrates the responsibility of international diplomacy with the preservation of fundamental human rights
References
Admin. (2022, December 12). Diplomatic Immunity - Definitions and Eligibility. BYJUS. https://byjus.com/free-ias-prep/the-immunity-for-diplomats-some-key-issues-the-saudi-case-raises/
Diplomatic immunity. (2013a, December 12). Embassies, Consulates and Other Representations | Government.nl. https://www.government.nl/topics/embassies-consulates-and-other-representations/diplomatic-immunity
Diplomatic immunity. (2013b, December 12). Embassies, Consulates and Other Representations | Government.nl. https://www.government.nl/topics/embassies-consulates-and-other-representations/diplomatic-immunity
Diplomatic immunity. (2013c, December 12). Embassies, Consulates and Other Representations | Government.nl. https://www.government.nl/topics/embassies-consulates-and-other-representations/diplomatic-immunity
Diplomatic immunity. (2013d, December 12). Embassies, Consulates and Other Representations | Government.nl. https://www.government.nl/topics/embassies-consulates-and-other-representations/diplomatic-immunity
Diplomatic immunity. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/wex/diplomatic_immunity
Gilani, S. R. S., Al-Matrooshi, A. M., & Awan, B. a. F. (2024a, June 30). Diplomatic Immunity under the framework of international human rights law: Weighing sovereign privilege against personal rights. https://ijhs.com.pk/index.php/IJHS/article/view/718
Gilani, S. R. S., Al-Matrooshi, A. M., & Awan, B. a. F. (2024b, June 30). Diplomatic Immunity under the framework of international human rights law: Weighing sovereign privilege against personal rights. https://ijhs.com.pk/index.php/IJHS/article/view/718 Issue article. (n.d.-a). https://www.juridicainternational.eu/article_full.php?uri=2003_VIII_110_personal-inviolability-and-diplomatic-immunity-in-respect-of-serious-crimes
James Joseph, Queen’s University Belfast School of Law, GB. (2024, April 14). Explainer: What is the Vienna Convention on Diplomatic Relations and How Does it Relate to the Mexico-Ecuador Incident? JURIST - Features - Legal News & Commentary. https://www.jurist.org/features/2024/04/09/explainer-what-is-the-vienna-convention-on-diplomatic-relations-and-how-does-it-relate-to-the-mexico-ecuador-incident/
Naveen, D. (2024, April 2). Repercussions of the abuse of diplomatic immunity under the Vienna Convention: a critical study. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4880789
Shi, X. (2021). Diplomatic immunity ratione materiae and crimes in international law. Nordic Journal of International Law, 90(2), 228–252. https://doi.org/10.1163/15718107-bja10025
Supreme Court holds diplomatic immunity is not absolute. (n.d.-a). https://www.duncanlewis.co.uk/Reported Case/Supreme Court holds Diplomatic Immunity does not protect serving diplomats from civil claims of Modern Slavery in a landmark ruling on Basfa V Wong %5B2022%5D_UKSC_(4_August_2022).html
Supreme Court holds diplomatic immunity is not absolute. (n.d.-b). https://www.duncanlewis.co.uk/Reported Case/Supreme Court holds Diplomatic Immunity does not protect serving diplomats from civil claims of Modern Slavery in a landmark_ruling_on_Basfar_V_Wong_%5B2022%5D_UKSC_(4_August_2022).html
Vienna Convention on Diplomatic Relations. (n.d.). https://legal.un.org/avl/ha/vcdr/vcdr.html View all posts by Society for International Law and Policy & Society for International Law and Policy. (2021, October 3). Too-Good or too bad? A critical analysis of the principle of diplomatic immunity. Society of International Law and Policy. https://silpnujs.wordpress.com/2021/10/03/too-good-or-too-bad-a-critical-analysis-of-the-principle-of-diplomatic-immunity/



