The International Criminal Responsibility of the Diplomatic Official

Abstract

The research aims to clarify the general and legal concept of the diplomatic employee, as well as the various diplomatic privileges and immunities as stipulated in articles 26, 27, 29, 30, and 34 of the 1969 Vienna convention on diplomatic relations. These provisions have a significant legal impact, reflected in the diplomatic employee's enjoyment of judicial immunity, which constitutes a legal barrier against responsibility and judicial prosecution by the receiving state conversely, legal developments have emerged as a result of various political events, leading to the recognition that international criminal responsibility may also extend to the diplomatic employee if it is proven that he is involved in committing specific international crimes, which are exhaustively enumerated in article 59 of the rome statute of the international criminal court.

The research adopts a des criptive – analytical methodology, and the study concludes that the diplomatic employee's enjoyment of judicial diplomatic immunity is granted for considerations related to facilitating the performance of his duties in the most effective manner, thereby contributing to the stability of international relations among subjects of international law. However, this immunity does not apply in cases where the diplomatic employee is proven to have committed any of the international crimes listed in article 5 of the Rome statute of the international criminal court.

Therefore, the study recommends convening an international conference under the auspices of the united nations General assembly to examine the possibility of introducing a legal amendment to the 1961 vienna convention on diplomatic relations this amendment should in clude reiterating the crimes specified in article 5 of the Rome statute and affirming the necessity of cooperation with the international criminal court in this regard.