الحصانة القضائية للموظف الدبلوماسي في القانون الدولي اتفاقية فيينا 1961م، واتفاقية روما 2005م /
Judicial diplomatic immunity is considered to be of a high significance as it provides an atmosphere of freedom that enables the diplomatic official to perform the tasks entrusted to him without interference of the hosting country, whereas most countries resorted to exploiting it, by giving serio...
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| Main Author: | |
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| Format: | Thesis |
| Language: | Arabic |
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Kuala Lumpur :
Ahmad Ibrahim Kulliyyah of Law, International Islamic University Malaysia,
2018
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8132 |
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| Summary: | Judicial diplomatic immunity is considered to be of a high significance as it provides an atmosphere of freedom that enables the diplomatic official to perform the tasks entrusted to him without interference of the hosting country, whereas most countries resorted to exploiting it, by giving serious crime perpetrators such as crimes against humanity, to be exclusive to the users of diplomatic immunity. This study also aims at identifying the role of the judicial immunity of the diplomatic official in the international Law through the identification of the essential nature of the judicial diplomatic immunity and basics thereof and notions to which it is connected and also the theories pertaining to the immunities and types thereof, and then a statement of the scope of such immunity in terms of place, time and persons and then statement of the diplomatic subjection to the competence of the International Criminal Court. Also, Vienna Law in this concern shall be studied. This study has also focused on the problem that theories are based on granting judicial immunity and whereas the diplomatic function is determined by a certain term, hence, the judicial immunity revolves in terms of existence and non-existence with such function, the matter that necessitates the knowledge of the function time, the persons involved in such immunity and the spatial scope of the validity of immunity and the possibility of subjection of diplomat to the International Criminal Court. Thus, research followed the descriptive method and historical method with the discussion of the theoretical framework of the study subject in terms of its inclusion of the understanding of its dimensions from al the fields, which shall include the judicial immunity and its basics and types. Hence, the study reached several results, the most important is the acquaintance with the tasks of Rome Convention and Vienna Convention with the International Criminal Court. The results of the study have also clarified that the machinery of arresting the diplomat is marked by complication of measures as long as the envoy country has not withdrawn immunity from him and to which he clung. The study recommended the reformulation of laws in force in the Criminal Court and give them sufficient powers to fully undertake its tasks and that the International Criminal Court is characterized by neutrality for all the countries of the world. |
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| Physical Description: | [xi], 105 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 100-105). |