Diplomatic Immunity under the framework of international human rights law: Weighing sovereign privilege against personal rights.

Abstract

Diplomatic immunity, a foundational concept in international law, grants diplomats protection from legal action in host countries to ensure the unimpeded performance of their duties. Rooted in the Vienna Convention on Diplomatic Relations (1961), this immunity is vital for maintaining international diplomatic relations. However, its application raises significant challenges within the framework of international human rights law, particularly when it is used to shield individuals from accountability for serious offenses that violate the rights of others. This article provides a comprehensive analysis of diplomatic immunity in the context of international human rights law. It explores the historical evolution and legal foundations of diplomatic immunity, alongside key cases where its application has been contested on human rights grounds. The discussion highlights the inherent tension between the sovereign privilege of states and the personal rights of individuals, examining how this balance is negotiated in contemporary international law. By critically assessing the extent to which current legal instruments and jurisprudence address these conflicts, the article seeks to contribute to the ongoing debate on the reconciliation of diplomatic immunity with the imperatives of human rights protection. Ultimately, it argues for a more nuanced approach that preserves the essential functions of diplomatic immunity while ensuring that it does not become a shield for impunity in the face of human rights violations.