The Vienna Convention on Diplomatic Relations is of great importance on the issue. In addition, they are exempt from tax and their residences cannot be searched as well as their private papers cannot be seized or inspected. First of all, diplomatic immunity provides diplomatic agents of sending state for immunity from the jurisdiction of host state. However, modern principles with respect the immunities of diplomatic representatives emerged following recognition of sovereignty and equality of states and rather as a result of requirement in international arena. Principles as regards diplomatic relations virtually go back to appearance of international law. Key words: Diplomatic Immunity, Abuse, Hierarchy of Norms, Remedies, Effectiveness Interfering with absolute immunity risks weakening protection provided therefrom, risking the ability of diplomats to perform their functions and cancelling out the intent of diplomacy. This makes any changes unlikely since it is in no State’s interests to leave its diplomats insufficiently protected. The need to protected freedom and independence of diplomats in order to permit them to carry out their functions without risk of undue pressure by receiving States is still very real, just as abuse is. However, any change to the current immunity assumes that the diplomat no longer requires the current immunity.
The greatest obstacle when dealing with proposed remedies and emerging trends, is usually political consensus. Effectiveness of remedies is greatly impacted by factors such as political relations, trade and reciprocity, which factors supersede the desire to attain justice. Such reasons for abuse make immunity the common principal object but not the only one.
The reasons behind abuse are several and include culture, norms, corruption in one’s home country, the country’s attitude towards the host state, the international political atmosphere, duration of tenure and the willingness to commit abuse by the diplomat. This thesis discusses how immunity in itself fails to explain why certain diplomats abuse their immunity whilst others do not. Therefore, abuse of diplomatic immunity has often led governments, legal authors and the general public to question its very existence. However since privileges and immunities form an evident exception to general rules of accountability within national and international law, diplomats are able to turn immunity into impunity.
Diplomatic Immunity has strong reason for its existence principally, that of guaranteeing the freedom and independence of diplomats in order to permit them to carry out their functions without risk of undue pressure by receiving States.
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