تنظيم الحصانة القضائية الجزائية للمبعوث الدبلوماسي دراسة في التشريع الإماراتي والقانون الدولي
The study dealt with a topic entitled “Regulating the Criminal Judicial Immunity of the Diplomatic Envoy in the UAE Legislation and International Law”. It is considered one of the important topics as compared to the changes and developments that the world has witnessed in the fields of diplomatic re...
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| Summary: | The study dealt with a topic entitled “Regulating the Criminal Judicial Immunity of the Diplomatic Envoy in the UAE Legislation and International Law”. It is considered one of the important topics as compared to the changes and developments that the world has witnessed in the fields of diplomatic relations. Since the beneficiaries of judicial immunity involve many persons who practice diplomatic work, the efforts to protect them are therefore very crucial. The importance of the study is highlighted by the necessity of explaining the concept of judicial immunity for diplomatic envoys, its historical development, legal basis, and its types. This research also analyses the position of the Vienna Convention on Diplomatic Relations of 1961, determines its scope and the consequences of its transgressions and identifies the ways to hold a diplomatic envoy accountable. To achieve the objectives of the thesis, the researcher used several scientific approaches, namely the descriptive, deductive and historical approach, to find out all aspects related to the regulation of the judicial and penal immunity of diplomatic envoys. The main research problem lies in the effectiveness of international legal rules that govern diplomatic relations, a balance between the need for the continuation of this judicial and penal immunity, and the need to confront all manifestations of crime and abuse issued by diplomatic envoys. This research requires an objective and legal procedural study in line with the objectives of this immunity, and the objectives of the Vienna Convention on Diplomatic Relations of 1961. It also sheds light on the legal basis for granting diplomatic immunities and privileges, in particular criminal judicial immunity to the diplomatic envoy, in view of the lack of agreement between people and international law experts on a common legal basis for granting diplomatic immunity to diplomatic envoys, and how to hold diplomatic envoys accountable if he is accused of committing a crime. At the end of the research, a set of results was reached, the most important of which is that the criminal judicial immunity of the diplomatic envoy guarantees to a large extent the freedom and independence required by the nature of the diplomatic job, and that the Vienna Convention on Diplomatic Relations of 1961 is an advanced step towards the stability of the rules of diplomatic immunity at the international level. The research outcome also suggests and recommends that there is a need to develop further the texts and rules of the Vienna Convention on Diplomatic Relations of 1961 by amending its rules and introducing new texts to keep pace with changes in the international community. It is also important to limit diplomatic immunity to diplomatic envoys in the performance of official functions and business. |
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