International immunity for diplomatic missions

 Kuwaiti newspaper published in the 20/11/2011 edition of an article entitled M international immunity of diplomatic missions of the professor read this author Shammari

There were frequent throughout history, a set of rules and norms of international diplomatic immunities, which dealt with organized immunities accorded to diplomats as well as the headquarters of diplomatic missions in various countries even came to the Vienna Convention on Diplomatic Relations of 1961, for the devoted and codify those rules in the agreement they have gained acceptance from different countries and legal obligation to make it one of the most importantinternational conventions to be followed and commitment.


Has identified the Vienna Convention, under the diplomatic immunities and privileges based on three main axes, the axis first diplomatic mission of the Standing and assets, while the second axis is the work of the diplomatic mission of the tasks and functions, and finally the theme is related to the third person of a diplomatic agent based in general on the general principles and a set of concepts and principles theory, especially in the field of diplomatic function as well as in the source of diplomatic immunities and privileges.


And a diplomatic immunity adopted by the Convention for the diplomatic mission in Article (22), including a legal basis and clear the fact that immunity is absolute immunity based on the theory of representativeness of the diplomatic mission as the representative of the States, which derives described by the international legitimacy of the sovereignty of the state where included that article to emphasize the enjoyment of buildings the diplomatic mission shall be inviolable and may not be entering government representatives accredited to the premises unless approved by the chief of mission as committed to the Vienna Convention in the same previous article the receiving State to take all necessary means to prevent the storming of the headquarters of the mission or damage to its buildings came the wording of article words court and can not be to interpretation is viewed as agreement that this commitment is a special obligation includes protecting the security of the mission of the disturbance and degradation of their dignity on the grounds that the security and dignity of the mission is an extension of the security and sovereignty of the mission, I went Convention doctrine is more acute in the report of the principle of the inviolability of the headquarters of the diplomatic mission when he emphasized that he may not be the premises of the mission or Mfrucadtha or all of the things where there is or all means of transport subject to takeover or inspection or seizure of any enforcement action.


The rapid development witnessed in international relations and the great importance which is now played by diplomacy in the conduct and organization of these relations and adoption of more and more on diplomatic representation, with its diversification in nature Ktmthel bilateral, multilateral or permanent or temporary, with its multiple tasks lies with the diplomatic missions , make it imperative importance that have these missions the type of treatment and care in the territory of the receiving State is different, of course, what deal by foreign nationals or even if it comes to their nationals, and is this treatment to tend to ensure that these missions a comprehensive system and full of diplomatic immunities and privileges established by the international treaties governing the law of diplomatic relations and the most important of the Vienna Convention on Diplomatic Relations of 1961, as well as his custom, and international relations in this area since ancient times.


That the diplomatic headquarters are an essential and fundamental in the formation of a mission, and therefore it represents a physical entity of the mission and the state they represent, and the element of stability and tranquility to its members and by the diplomatic immunity enjoyed by those headquarters are functional immunity will make it easy for members of the mission to function freely away from the attack by or entry at a time by the authorities of the receiving State or its nationals.


What we witnessed in the Syrian capital since the days of the operation to storm reckless for a number of diplomatic missions, including the Saudi Arabian Embassy in Damascus is a flagrant violation of the Vienna Convention on Diplomatic Relations, and neglects the Syrian authorities which do not provide protection adopted by the Convention and confirmed by the customs and international rules did not take into account the duties and obligations contained in the said Convention, signed by Syria in 1977 and has become one of the legal rules binding LTC authorities, both through national law or international law and therefore can not evade its legal responsibility to bear the consequences, both at the level of bilateral relations or international level as evidence of responsibility entails with the Syrian authorities to provide official apology for the countries that have been the attack on representative offices and its commitment to provide the necessary protection to prevent a repeat of what happened and its commitment to follow-up of people who carried out the storm the headquarters of diplomatic and bring them to justice specialist, as well as its commitment to pay compensation to the damage and losses that occurred as a result.


The violation of diplomatic immunities for both Mmthleean diplomats or diplomatic missions has become a threat to international relations and a departure from the international respect for the rules and norms that govern those relationships and leads undoubtedly straining the inter-relationships between countries, especially those countries with which the bonds of religion, race, common history, which requires states receiving respect for diplomatic immunities and taking into account the work to strengthen international peace and security.