Abuse of absolute diplomatic immunity from Criminal jurisdiction: A critical study in the light of national & International Laws

Abstract

It comes as no surprise that the principle of absolute diplomatic immunity has caused the abuse of human rights. Although VCDR provides the remedies in form of waiver and persona non grata, practices show that the conventions need to be amended in order to provide an effective remedy that gives justice to the victims of crimes of diplomats. Principle is based on functional necessity theory, which needs to be reviewed. If immunity is required for proper functioning of diplomats to perform their tasks on behalf of the state, then why they have immunities for non-official acts and for their families. This shows that these customary practice needs to be changed as it is the need of time. This research aims to review the existing International legislation i.e. VCDR, to find out the lacunae that need to be cured.