Theory and practice of immunity from criminal jurisdiction of diplomatic agents: international aspect

Abstract

The article examines the international legal nature of immunity from criminal jurisdiction of diplomatic agents. The author analyzes the theoretical and legal foundations of diplomatic immunity, its limits and exceptions, as well as the practice of its application in the foreign policy activities of states. Given the growing number of conflict situations related to the possible abuse of diplomatic privileges, the relevance of the topic is due to the need to rethink the balance between ensuring the functional immunity of diplomatic agents of the accrediting State and ensuring the jurisdictional sovereignty of the host State. Particular attention is paid to the functional purpose and objectives of diplomatic immunity, current challenges related to the abuse of immunity and the administration of justice, ways to limit immunity, exceptions that allow to bring such persons to criminal liability: refusal of immunity, expulsion practice and the possibility of declaring a person – “persona non grata”. Examples of restrictions on diplomatic immunity in the context of the principles of justice, inevitability of punishment, and responsibility for crimes are considered.

The study applies a combination of general scientific and special legal methods, in particular, system analysis, comparative legal analysis, and formal legal analysis. The comparative analysis method made it possible to identify the main approaches to implementing diplomatic immunity and to determine the generalized features in international and national practice.

The results of the study show that the immunity from criminal jurisdiction of diplomatic agents is procedural in nature, and therefore does not exempt them from individual criminal liability, but determines its special procedure. In order to prevent impunity in cases of serious crimes, the institution of immunity from criminal liability of diplomatic agents needs to be improved, with due regard for the safeguards necessary for the effective functioning of the diplomatic service.