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DIPLOMATIC IMMUNITY: HISTORY, PURPOSE, AND CONTEMPORARY CHALLENGES

DIPLOMATIC IMMUNITY: HISTORY, PURPOSE, AND CONTEMPORARY CHALLENGES

From early times, sovereign entities had always recognized and applied the concept of diplomatic
immunity. Envoys, emissaries, and other representatives were treated with high regards and protected by their hosts to maintain hitch-free relationships with their parent countries. Owing to the significance of relations between states, this ancient culture has thus evolved to its contemporary form, officially recognized by nations and regulated by international conventions and treaties, most significantly the 1961 Vienna Convention on Diplomatic Relations. In international relations, official representatives of a country and to some extent, their family members, are granted a certain level of protection from legal action in their host countries. These privileges are further reinforced by some countries who enact particular legislations to ensure that diplomats are able to properly perform their functions. While diplomatic immunity is an age-old concept that is crucial for peaceful international relations, it has been subjected to criticisms as to how much it shields diplomats from being held accountable for criminal and civil wrongs. Critics also argue that some diplomats can exploit these privileges to conspire against their host countries. The aim of this paper is to analyse the concept of diplomatic immunity, its historical development, purpose, and the current challenges surrounding the concept. The level of immunity for different diplomatic representatives and available measures for mitigating the abuse of diplomatic
privileges will also be evaluated therein.

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