حصانة المبعوث الدبلوماسي : الملاحقة القضائية أم الإفلات من العقاب ؟

Abstract EN

Governments send their diplomatic envoys to live and work in another country serving as intermediaries between the two countries.

The concept of diplomatic envoy residing in another state dates back to the fifteenth century but the role of diplomats has evolved with time.

Currently, diplomatic work involves a lot of tasks, the most important of which are the diplomats’ development of their countries’ relations with host countries and their negotiation on behalf of their states.

The Vienna Convention on Diplomatic Relations (1961) is an international treaty that defines the framework for diplomatic relations between independent states.

It provides for the immunities of diplomatic envoys by enabling them to perform their duties without fear of coercion or harassment by the host state.

Examples of these immunities include the exemption from customs’ taxes on goods and the immunity from civil and criminal prosecution.

Thus, if a diplomatic envoy is accused of committing a crime, how does the host state prosecute him/her? And which competent court is supposed to conduct that prosecution?