Immunity of the Diplomatic Envoy from Civil Jurisdiction in the Receiving State A Comparative Analytical Study

Abstract

This study examines the civil judicial immunity of diplomatic envoys in the receiving State as one of the fundamental guarantees established by international law to ensure the independence and effective performance of diplomatic functions. It aims to identify the legal nature and underlying rationale of such immunity and to analyze the principal doctrinal and judicial approaches to its legal characterization, whether as a limitation on the jurisdiction of domestic courts, a procedural bar to the admissibility of claims, or an exception to the rules governing the international jurisdiction of national courts. The study further explores the scope and limits of civil judicial immunity, together with the exceptions provided under the 1961 Vienna Convention on Diplomatic Relations, particularly those relating to rights in immovable property, succession proceedings, and professional or commercial activities conducted by diplomatic envoys outside their official functions. It also examines the legal effect of the waiver of immunity and the extent to which such waiver extends to enforcement measures. Adopting a descriptive-analytical and comparative methodology, the study seeks to clarify the legal framework governing civil judicial immunity in a manner that reconciles the functional requirements of diplomatic immunity with the principle of judicial jurisdiction.