WHAT IS THE LEGAL REPRESSIVE REGIME FOR DIPLOMATIC AGENTS?
Confronting international texts with international custom, a source of impunity
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When the Rome Statute of the International Criminal Court recognizes the jurisdiction of the Court to prosecute violations of Article 5, and there is no absolute excuse for official capacity in Article 27, and the Court's jurisdiction is only complementary, since Article 86 provides for the obligation to cooperate. This leaves room for impunity, since international custom dictates that emissaries of States should enjoy the immunities, privileges and inviolability of so-called accrediting States. If, moreover, the same Vienna Convention on Diplomatic Relations, which provides all these advantag...
When the Rome Statute of the International Criminal Court recognizes the jurisdiction of the Court to prosecute violations of Article 5, and there is no absolute excuse for official capacity in Article 27, and the Court's jurisdiction is only complementary, since Article 86 provides for the obligation to cooperate. This leaves room for impunity, since international custom dictates that emissaries of States should enjoy the immunities, privileges and inviolability of so-called accrediting States. If, moreover, the same Vienna Convention on Diplomatic Relations, which provides all these advantages for a good diplomatic mission, has also provided for diplomatic limits, notably with article 42. Knowing the characteristics of the domestic legal rule, the international legal rule sets aside the existence of these characteristics. And the aforementioned Convention has made provision for sanctions without providing for them, by virtue of international custom. Moreover, there are rights inherent to the human person which cannot be the object of impunity in the event of their violation.
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