Immunity or Impunity: A Critical Appraisal of the Immunity of Diplomats in International Law and its Status in Shar'Ia
Journal of Law and Society, Vol. XXII, No. 35, 2000
10 Pages Posted: 29 Jun 2011
Date Written: June 29, 2011
Abstract
Diplomatic immunity is that area of international law where the rules of international law are universally accepted and respected by states. However, beside diplomats there are many other persons who enjoy the same status. This paper explains immunities and privileges enjoyed by various types of people working in a diplomatic mission as well as UN officials, members of special mission, representatives in the UN, and others in a mathematical way the help of tables. It considers the position of diplomatic immunity in Islamic law and reflects on the opinion of the Federal Shariat Court in Pakistan regarding diplomatic immunity. This work also considers a potential clash between constitutional rights of a citizen of a country and the privileges given to diplomats by international law. It is recommended that the Vienna Convention on Diplomatic Relations should be revised to cater for the rights of private citizens and to check the abuse of diplomatic immunity itself.
Keywords: diplomatic, immunity, Islamic law and immunity, international law
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