جستجوی مقالات مرتبط با کلیدواژه « diplomatic immunity » در نشریات گروه « علوم انسانی »

Immunity of lives and property and protecting diplomats’ residencies in the host countries, is among the accepted, and longstanding, principles in the international laws. Islam not only confirms but also puts emphasis on diplomatic immunities, including immunities of dignitaries and their residencies. In addition to studying cited jurisprudential evidence to prove the principle of diplomatic immunity, mentions will be made of the domain and limits of the immunities. Drawing upon the analysis of Islamic sources and data gathered from individual reasoning (ijtihÁd), it is shown that the importance of ambassade and those who act as representatives in foreign countries  as well as its inherent interests, is itself an independent evidence of the necessity of preserving the immunity of visiting foreign officials and foreign diplomats and their diplomatic residential areas and there is no need to cite certain pacts made between countries to establish such immunities, specially when such diplomatic immunities, as stipulated in the pacts, are subject to different laws and regulations. In spite of admitting immunities of such kind in Islam, they are not absolute ones. Rather, in some cases when the activities of diplomats, unlike their inherent responsibilities, are oriented towards preserving their own offices and interests, these immunities are lifted.

One of the important issues discussed in the field of public law is the issue of occupational safety. This issue has special features in Iranian law due to the Islamic nature of the system. On the one hand, according to Islamic standards, no official enjoys immunity, and the legislature has emphasized the principle of equality of the people before the law. On the other hand, it is necessary that some people working in sensitive jobs should have job security in order to perform their duties well and maintain their job independence. An examination of how to resolve this conflict in Iranian law shows that international holders of occupational immunity, including heads of state and other government officials, diplomatic and consular agents, and agents and employees of international organizations in Iranian territory, in accordance with Iranian Islamic traditions and international obligations. They enjoy the same immunity as their counterparts in other countries. These immunities are provided in the form of immunity from aggression, immunity of residence and private property, and judicial and executive immunity. In contrast, internal holders of immunity face limitations due to the Islamic nature of the system. Due to the emphasis of the holy Sharia of Islam and domestic laws, including the constitution on the equality of individuals before the law, there is no administrative immunity for the leader, the president and other government officials. However, for some groups of people, including members of parliament, judges and lawyers, some job security is provided. Parliamentary immunity in Iran is in the position of defense only in the form of irresponsibility in expressing opinions and votes, immunity of judges in the form of prohibition of dismissal and transfer of these people without their consent and immunity of defense lawyers in the form of having the same respect and security of judges.