top of page

Customs As A Source Of Law: Diplomatic Immunity




Adanoi Joseph Abraham, Christ (Deemed To Be University), Delhi, NCR

What is Diplomatic Immunity?

According to my understanding, Diplomatic Immunity is a form of legal protection that makes sure that diplomats are given safe passages or pathways and are not considered for any trials outside their own commanding jurisdiction. This has both pros and cons which makes the generic public questions the legalization of the age old customary law which is now the highest codified international law.

Origin & History:

The law of diplomatic immunity was fundamentally evolved by the Romans, who grounded the security of diplomats in strict and regular regulation, an arrangement of standards remembered to apply to every person and to get from nature as opposed to from society. In Roman regulation the invincible of envoys was ensured even after the episode of war. During the Middle Ages in Europe, agents and their escorts kept on partaking in the right of safe entry. A diplomat was not liable for violations perpetrated before his main goal, but rather he was responsible for any wrongdoings carried out during it. The precept of semi extra territorium (Latin: "as though outside the domain") was created by the Dutch legal adviser Hugo Grotius (1583-1645) to endorse such honours, and during the seventeenth and eighteenth hundreds of years different scholars went to normal regulation to characterize, legitimize, or limit the rising number of resistances. These scholars utilized normal regulation, with its enticement for all inclusive moral orders, to contend that the delegate idea of a representative and the significance of his capabilities — particularly that of advancing harmony — supported his sacredness; a similar moral regulation highlighted his commitments to the bigger local area.


Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page