An Examination of the Concept of Criminal Diplomatic Immunity under International Law
Date
2017-12
Authors
Ahmed Bala, Nuruddeen
Journal Title
Journal ISSN
Volume Title
Publisher
Kampala International University, bachelors degree of laws
Abstract
Diplomacy is an ancient concept known to man as far back as the ancient Greeks and Romans.
Through the passing of time the concept of diplomacy has continuously been developed. The
evolution of this concept has followed with the great civilizations of this world. Most notable are
the advancements in Europe from. the medieval era to the industrial revolution. Diplomacy was
first codified in 1815 by the Congress of Vienna. The 1961 Vienna Convention currently
regulates the immunities and privileges of the modem diplomat. The immunities range from
official acts to the conducting of personal affairs. These immunities protect the diplomat from
the foreign state. The extent of these immunities has led to a range of abusive behavior resulting
in controversy. This research sets out a brief historic overview of diplomacy and theories dealing
with the discourse of immunities in light of the Vienna Convention on Diplomatic Relations of
1961. A closer look is taken on the privileges and immunities a diplomat enjoys in his personal
capacity. Furthermore the abuse of the privileges are discussed. Lastly the Vienna Convention
sets out a number of remedies that are able to deter diplomatic agents from abusing their station.
However, such remedies alone have proved to be inefficient without the immunities being
limited in order to make diplomats accountable for their misconduct. In light of the severity of
misconduct by diplomats, a suggestion has been offered for such privileges to be curtailed in
order for diplomats to be held accountable for severe crimes cotmnitted. As it stands now,
diplomats escape liability for heinous crimes such as rape, murder and human trafficking. It is
submitted that an amendment of the principles is required.
Description
A Research Report Submitted To School Of Law in Partial Fulfillment of the Requirements for the Award of the Bachelor Degree of Laws at Kampala International University
Keywords
Criminal Diplomatic Immunity, International Law