DIPLOMATIC IMMUNITY UNDER INTERNATIONAL LAW: BALANCING FUNCTIONAL NECESSITY, STATE SOVEREIGNTY, AND ACCOUNTABILITY UNDER THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS (1961)

Abstract

The research explores the legal system of diplomatic immunity, which is one of the main principles of international law, due to which diplomatic missions can successfully work. The doctrine is derived from the Vienna Convention on Diplomatic Relations (1961) which provides immunity for diplomats, against criminal, civil and administrative jurisdiction of the receiving state. Such immunity should not confer any personal privilege, but simply the immunity of the diplomatic functions from interference or coercion. The research provides a description of the core legal provisions, including those relating to the inviolability of the premises, immunity of the representatives and states' obligations to respect and protect missions. It also brings out restrictions, e.g., waiver of immunity and applicability to official acts versus personal acts. The contemporary issues such as abuse of immunity, human rights and accountability are mentioned briefly. On the whole, the governing law would aim at balancing between the sovereignty of the state and the need to have stable and secure diplomatic relations, as this is essential for the harmonious interaction structure.