The effect of nationality on the enjoyment of judicial immunity by a diplomatic representative and his family

Abstract

This research examines the impact of nationality on the scope of judicial immunity enjoyed by diplomatic representatives and their family members in light of the 1961 Vienna Convention on Diplomatic Relations, national legislations, and international practice. The study demonstrates that diplomatic immunity is originally granted to ensure the effective performance of diplomatic functions; however, such immunity becomes more limited when the diplomat or any member of his or her family is a national of the receiving State or permanently resides therein. The research further explains that the Vienna Convention restricts immunity in such cases to official acts connected with diplomatic functions. It also addresses the position of national legislations and international jurisprudence regarding the immunities of diplomats’ family members, as well as administrative and technical staff, while clarifying the impact of nationality and permanent residence on determining the scope of such immunities. The study concludes that diplomatic immunity is not an absolute personal privilege, but rather a functional mechanism intended to facilitate diplomatic duties while respecting the sovereignty and judicial jurisdiction of the receiving State. The research also recommends the unification of international practices and the establishment of more precise legal regulations governing nationality-related immunities.