Theoretical Basis of Diplomatic Immunities and Privileges: Its Implications in International Politics
Abstract
Diplomatic immunity is a key concept in international law, which seeks to protect diplomats and their families from undue harassment or coercion in host countries, thereby enabling them to carry out their duties without hindrance. This legal protection, which provides diplomats with certain privileges and immunities, is part of a meticulously crafted framework established by the Vienna Convention on Diplomatic Relations in 1961. This convention, which serves as a cornerstone of modern diplomatic practice, governs diplomatic interactions among nations and ensures standardized treatment of diplomats worldwide. However, despite these established laws, some states have violated international norms, jeopardizing diplomats' activities. The present study employed a qualitative approach to explore the theoretical underpinnings of diplomatic immunities and privileges. Findings revealed that these privileges and immunities, crucial for international diplomacy, foster peaceful relations among sovereign states. They are grounded in the Vienna Convention and supported by the Representational Theory, Functional Necessity Theory, and the Principle of Reciprocity. The Representational Theory, which views diplomats as embodiments of their sovereign, has seen its relevance diminish over time. In contrast, the Functional Necessity Theory emphasizes that immunities are essential for diplomats' effective performance, but it also underscores the need for accountability. The principle of reciprocity, integral to diplomatic practice, fosters mutual respect among states. However, occasional misuse of these privileges can erode public trust, highlighting the need to balance diplomatic immunities with the rule of law. In light of these findings, the study recommends regular reviews of the application and limitations of diplomatic immunities. This will ensure a balanced appro
