خرق الحصانات والامتيازات الدبلوماسية وأثرها على الأمن القومي للدولة المعتمد لديها المبعوث الدبلوماسي
This study discusses the diplomatic law that is associated with the violation of immunities and privileges of diplomatic envoy, and evaluates the impact of these violations on national security of host country. The subject of this study is sensitive because it is related to one of the main problems...
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| Format: | Thesis |
| Language: | other |
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| Summary: | This study discusses the diplomatic law that is associated with the violation of immunities and privileges of diplomatic envoy, and evaluates the impact of these violations on national security of host country. The subject of this study is sensitive because it is related to one of the main problems of bilateral relations between countries. The Islamic provisions regulated a law to protect diplomat during his/her exercise of diplomatic works, and the purpose of all of that is to provide him/her with suitable environment to fulfill diplomatic duties but ensure not breaching the law of the host country. However, in many incidents, the diplomatic immunities and privileges have been exploited by diplomats for doing illegal works, which affect the requirements of national security of countries where they belong as well as the host country. These situations urge many countries to do further procedures in order to protect their national security against illegal practices by diplomats. Accordingly many countries have imposed special controls and limitations to diplomatic immunity and privileges granted for diplomats. In this regard the problem statement of the study focus on breaching Islamic law, as well as the provisions of international conventions and the provisions and regulations those regulate diplomatic immunity and privileges granted to diplomats, since there are increasing misuses to diplomatic privileges. The study investigates the reasons beyond violation the diplomatic provisions and misuse of diplomatic immunity and privileges, and attempt to know how this misuse affect the national security that depends on the performance and behavior of diplomat. The study uses the historical methodology and comparative approach with accordance of Islamic provisions and the regulations of international law. The objectives of the study focused on the concept of diplomatic immunity and privileges, and demonstrating its principles and obligations of diplomats, and identifying the factors that ease diplomatic spying, and discussing all these issues according to the provisions of Islam and international conventions. The main significance of this study is the discussion of very important and sensitive subject with the shade of new situations of international relationships and evaluates new issues associated with the subject of this study because international relationships are changing. The study sets the proper recommendations and make the conclusions based on the results and findings that shows common points and differences between the Islamic provisions and modern law with regard to diplomatic immunity and privileges, and the objection of Islamic provisions on diplomatic immunity because the provisions of Islam punish any person who violate the national law inside the host country, while the international law is different on describing this principle by granting ultimate diplomatic immunity against the national security of the host country, which may lead to many violations by diplomats. |
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