الحصانة القضائية الجزائية للمبعوث الدبلوماسي و تطبيقاتها في التشريعين الأردني و الإماراتي

الملخص EN

The study deals with the judicial immunity of the diplomatic envoy from the perspective of international law and the criminal law of Jordan and the UAE.

The investigation into the murder committed in the Jordanian state by the Israeli security officer at the Israeli Embassy in Amman in the summer of 2017 was presented as an application case.

In order to determine the legal aspect of the possibility of holding the Israeli diplomat accountable for the murder that took place in the territory of the Hashemite Kingdom of Jordan, the concept of judicial immunity of the diplomatic envoy as well as the personal, temporal and objective scope of such immunity should be clarified.

The study exposures to legal means to hold the diplomatic envoy accountable for the murder in international law and the position of the criminal law of Jordan and the UAE.

The study concluded that although the criminal justice immunity of the diplomatic envoy is absolute and comprehensive, he is obliged to respect the laws and regulations of the receiving state.

The study recommended that the international community should consider the establishment of a permanent international diplomatic criminal court with mandatory jurisdiction to impose monetary fines, and if necessary, to imprison diplomats in its penal facilities if they are found guilty of committing crimes in the territory of the receiving State.