| Abstract [eng] |
The master's thesis analyzes the development of the institution of diplomatic immunity, the limits of its application, and cases of abuse. To achieve this objective, the thesis employs a systematic analysis of legal acts, international legal documents, legal doctrine, case law, and a semi-structured interview with diplomats. Based on the perspective that the current regulation of diplomatic immunity requires revision, the thesis thoroughly examines the key issues related to the application of diplomatic immunities. It analyzes cases where immunity becomes a tool to evade responsibility for serious crimes, such as the murder of journalist J. Khashoggi in Saudi Arabia and a fatal traffic accident caused by a U.S. diplomat. The thesis also addresses the challenges of applying diplomatic immunity to family members, highlighting specific situations arising from the undefined concept of "family" in the Vienna Convention, including cases involving the recognition of LGBT community members as family and the status of polygamous marriages. Furthermore, the thesis provides an in-depth analysis of the exploitation of workers in diplomats' private residences, emphasizing the lack of effective international legal measures to protect these individuals from human rights violations. Finally, it examines the termination of diplomatic service and the situation during states of emergency, stressing the importance of immunity in ensuring diplomats' safety and their right to leave a host country in the face of political threats. The thesis concludes that the application of diplomatic immunities in the modern context of international relations requires clearer legal regulation and the establishment of more effective human rights protection mechanisms. |
