الحصانة القضائية للمبعوث الدبلوماسي

أ. أحمد الهادي إبراهيم

doi:10.58916/alhaq.vi.291

Authors

Ahmed Al-Hadi Ibrahim Department of Public Law, Faculty of Law, Al-Zaytouna University, Tarhuna, Libya Author

DOI:

https://doi.org/10.58916/alhaq.vi.291

Keywords:

Judicial Immunity - Diplomatic Envoy- Waiver of Immunity- Sending State- Host State- Vienna Convention on Diplomatic Relations

Abstract

The diplomatic employee representing his country in other states enjoys several Privileges that support the effective performance of his duties, one of the most Important being judicial immunity.

This study focuses on clarifying the role of the diplomatic envoy, the key privileges granted to him, the responsibilities entrusted to him, and the Importance of granting him judicial immunity.

It also examines the consequences of exceeding the limits of such immunity, as affirmed by several international agreements most notably the Vienna Convention on Diplomatic Relations of 1961.

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Author Biography

Ahmed Al-Hadi Ibrahim, Department of Public Law, Faculty of Law, Al-Zaytouna University, Tarhuna, Libya

First, Personal Data
Name: Ahmed Al-Hadi Ibrahim
Place and Date of Birth: Tripoli, October 29, 1989
Marital Status: Married
Nationality: Libyan
Phone Number: 0911347042
Email: ahmedalsiline8922@gmail.com
Second, Academic Qualifications:
1. University Degree: Bachelor of Laws
Place and Date of Obtaining: Tarhuna College of Law, 2010-2011
2. Master's Degree: Public Law
Thesis Title: The Role of the UN Security Council in Addressing Internal Conflicts
Place and Date of Obtaining: University of Tripoli, 2018-2019
Third, Employment History:
1. Full-time faculty member at the Tarhuna College of Law, from 2021 until 2025
Fourth, Subjects Taught: Legal History, Public International Law Human Rights

References

First: Books.

- Saleh Al-Sanousi, A Concise Introduction to Public International Law, University of Benghazi, Faculty of Economics, 3rd ed., 2013.

- Abdulaziz bin Nasser Abdulrahman Al-Obeikan, Diplomatic and Consular Immunities and Privileges Established in International Law, Riyadh, Saudi Arabia, 1st ed., 2007.

- Atta Muhammad Saleh Zahira, Diplomatic Theory, University of Garyounis, Benghazi, Libya, 1st ed., 1993.

- Ali Sadiq Abu Heif, Public International Law, Alexandria University, Faculty of Law, Maaref Establishment, d. ed.

- Maya Al-Dabbas, Maher Malandi, Diplomatic and Consular Relations, Syrian Virtual University, 2018.

Second: Academic Theses.

- Maria Zbiri, Criminal Judicial Immunity, Master's Thesis, University of Oum El Bouaghi, Algeria, Faculty of Law and Political Science, Department of International Criminal Law, 2009-2010.

- Hael Saleh Al-Zein, The Legal Basis for Granting Diplomatic Immunities and Privileges, Master's Thesis, Middle East University, Faculty of Law, Department of Public Law, 2011.

- Walid Ali Habib Al-Yasiri, Judicial Immunity for Diplomatic Envoys in Foreign Diplomatic Missions, Master's Thesis, Middle East University, Faculty of Law, Department of Public Law, 2021.

Third: Journals and Scientific Research.

- Aya Hisham Yahya Abu Al-Fotouh, The Effects of Diplomatic Envoys' Abuse of Diplomatic Immunities and Privileges, Nile Journal of Commercial and Legal Sciences and Information Systems, Volume 3, Issue 5, August 2023.

- Bassam Mahmoud Ahmed, Kholoud Hussein Al-Sayed, Comparing the Immunity of International Employees with Diplomatic Immunity, Tishreen University Journal of Economic and Legal Sciences, Volume (43), Issue (11), 2021.

- Baidaa Ali Wali, Judicial Immunity of Diplomatic Envoys, Al-Qadisiyah University, Faculty of Law, Journal of Legal and Political Sciences, Volume 3, Issue 1, 2014.

- Khaled Al-Sayed Mahmoud Al-Morsi, Research entitled: "The Misuse of Diplomatic Immunities and Privileges and Its Impact on International Security" A Comparative Study, Fourth International Scientific Conference, Faculty of Sharia and Law, Tanta, Al-Azhar University, 2021.

- Zaid Luqman Ismail, Research entitled "Immunities and Privileges of Diplomatic Missions", Mansoura University, Faculty of Law, 2020.

- Shadi Adnan Al-Shadifat, a research paper entitled "Diplomatic Envoy Immunity: Judicial Prosecution or Impunity?", University of Sharjah Journal of Sharia and Legal Sciences, United Arab Emirates, Volume: 14, Issue: 1, 2017.

- Faisal Al-Tayeb Ahmed Naji, Amer Abdul-Wahhab Mahyoub, and Baharuddin Chiba, a research paper entitled "Transgressions of Diplomatic Envoys in Light of Sharia Policy: An Analytical Study," International Journal of Islamic Studies, Volume 22, Issue: 1, April 2021.

- Muhammad Ali Hussein, a research paper entitled "The Immunity of Diplomatic Envoys in Public International Law (Islamic): A Comparative Study with Positive Public International Law," Tikrit University Journal, College of Law for Legal and Political Sciences.

Fourth: International Documents.

- Havana Convention, 1928.

- Harvard University Convention, 1932.

- Vienna Convention on Diplomatic Relations, 1961.

- The United Nations Draft Submitted to the Vienna Conference, 1961.

- The Rome Statute of the International Criminal Court, 2002.

Fifth: Websites on the Internet.

- https://www.law-house.net

- www.law.house.net/: https