Some states such as Kenya, Gambia, Burundi and South Africa are now beginning to question the waiver of the immunity of a head of state from prosecution under the 2002 Rome Statute of the International Criminal Court, contending that the said waiver targets mainly African heads of state. A number of these states have enacted legislation to provide for immunity of a head of state from criminal prosecution. Many states in the Common Market for Eastern and Southern Africa (COMESA) and the Southern African Development Community (SADC) region recognize customary and conventional international law pertaining to the head of state immunity as deriving mainly from the concept of sovereign immunity. In this article, the author will analyze the role of the Secretary General in waiving the immunities and privileges of the UN staff, potential implications to the UN of his attitude toward this issue and relation between his immunity to the immunity of the diplomatic staff in the context of UN position in international arena. The Secretary General has a right and duty to waive the immunity of his staff member in appropriate situations, but he rarely resorts to this solution. However, voices to limit or even revoke those immunities are getting louder with every uninvestigated and unprosecuted misconduct of the UN staff. These immunities are necessary for the UN staff in order to conduct their tasks and function effectively and freely. Maltese diplomatic service, proposals to improve and secure processes were suggested.It is well known that highest UN officials are awarded diplomatic privileges and immunities while the remaining UN staff enjoys so-called functional immunity, immunity from the legal process in respect of words spoken or written and all acts performed by them in their official capacity. After analysing the current practices and procedures being used by the The final chapter of the thesis tried to anticipate what will be the role of the diplomat in the 21 st century due to the development of Information and Communications Resulted that there are no ambiguities between Malta's rights and obligations vis-a-vis Moreover, although some administrativeĪrticles forming part of the Vienna Convention were left out from the Maltese Act, it Influence States' practice which were consequently codified into the Vienna Conventionīy understanding the legal aspects of both the Vienna Convention and the Malteseĭiplomatic Immunities and Privileges Act, it was possible to track down the relationship between these two legal documents. Moreover, the theories of various writers succeeded to Type of rules were required to safeguard the messenger that despatched the message of It resulted that since ancient times, communities were aware that some In order to determine the roots of the diplomatic law, an evaluation of the conduct ofĭiplomatic relations from the 14th century B.C. Past, the present and the future of diplomatic law with special reference to the Maltese Therefore, the thesis was formulated around the Of 1964, to analyse the relationship between the Vienna Convention and the Malteseĭiplomatic Immunities and Privileges Act and finally to anticipate the future prospects The purpose of this thesis was three-fold: to asses the progressive development ofĭiplomatic law up to its codification in the Vienna Convention on Diplomatic Relations The Vienna convention on diplomatic relations : the Maltese perspective (Master’s dissertation). Vienna Convention on Diplomatic Relations (1961 April 18)īezzina, A. The Vienna convention on diplomatic relations : the Maltese perspective Please use this identifier to cite or link to this item:
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