IMMUNITY FROM CRIMINAL JURISDICTION OF THE PRIVATE SERVANTS OF THE DIPLOMATIC AGENTS

One of the most oldest and important branches of international law is without a doubt the law of diplomacy since it mainly regulates the intercourse between states. The rules of the law of diplomacy are mainly codified by the 1961 Vienna Convention on Diplomatic Relations. One of the most arguable subjects on the law of diplomacy is the immunity from the criminal jurisdiction of the receiving states, which is provided for the embassy personnel and their family members of the sending state, forming part of their households. Although it is recognised as one of the most oldest rules of international law, it is also one of the most critised rules, as well. It is believed that a special class of people have been created by providing this kind of immunity for them. Yet, among the members of the diplomatic mission there are some level of differences in enjoying this immunity; with a few exceptions, most of the States have demonstrated the tendency to restrict the diplomatic privileges and immunities, particullary for those who do not have diplomatic title. Hence, in this sense the private servants of the members of a diplomatic mission would be the first ones to be thought of. In this respect, the main purpose of this article is to shed light on the issues relating to immunity from the criminal jurisdiction of the receiving state for a diplomatic agent’s private servants