The College of Law, University of Karbala, discusses a Ph.D. thesis on the misuse of the diplomatic mission headquarters
The Faculty of Law at the University of Karbala discussed the doctoral thesis tagged: “Abuse of the diplomatic mission headquarters.” The thesis was submitted by the student “Zayd Hamza Musa”.
The thesis aimed to show that the misuse of the diplomatic mission headquarters takes different manifestations, which may be represented by acts that affect the national security of the receiving state, such as (espionage, harboring wanted persons within the mission), or it may be represented by crimes against human rights, including (kidnapping and disappearance). Forced violence inside the diplomatic mission premises, and rape or murder inside the diplomatic mission premises) which we have always found prompts the receiving state to take measures that guarantee its sovereignty and protect the rights of its nationals.
The thesis reached several results, the most important of which is that there are a number of effects that result from the occurrence of an act of misuse of the headquarters of the diplomatic mission, the most important of which is the tension in relations between the two countries, the restriction of the immunities granted to the headquarters of the diplomatic mission and the failure of the diplomatic mission to accomplish its tasks entrusted to it. It also leads to the establishment of international responsibility towards the adopting country, which entails the establishment of criminal responsibility for the diplomatic envoy who commits a serious crime that constitutes a misuse of the diplomatic mission headquarters.
The researcher recommended the need to address the shortcomings in the international law conventions regulating diplomatic relations by proposing: the establishment of an international diplomatic court specialized in diplomatic crimes, the establishment of a special judicial department to consider diplomatic cases called (the circuit specialized in cases of violation or abuse of diplomatic immunities), since the establishment of This department within the International Court of Justice is effective in confronting the misuse of the headquarters of the diplomatic mission.