侵犯外交使团总部的国际责任

Enas Al-Zahrani
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摘要

国际关系的发展使世界上大多数国家依赖各种形式的外交代表作为沟通和保护共同利益的手段。外交使团是各国政府之间的纽带,从国家间不同意见的传递开始,努力克服困难,摆脱利益纠葛,实现合作。外交使团赋予其外交和外交职能以特殊地位,并提供全面保护,使其能够在接纳它的国家内远离一切压力,悄无声息地发挥作用。在和平时期,当各国批准了 1961 年《维也纳外交关系公约》时,就会发现这一现实。在战争时期,如果我们接受两个互派外交代表的国家之间因战争而断绝外交关系,那么各国就必须适用国际人道主义法规则,将外交使节视为 1949 年《日内瓦第四公约》所承认的平民中的一员,对敌国予以特别保护,外交使团的作用和总部应被归类为民用物体,不应成为军事行动的目标。为了建立和维持对外交使团的国际保护,并为此建立机制,即确立侵犯外交使节不可侵犯性和外交使团作用的国际责任,接受国负有侵权责任,因为它没有为外交使团、行政或司法当局提供安全保障。如果发生严重违反《1949 年日内瓦第四公约》的行为,总统也要对其行为或其下属的行为承担个人刑事责任。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
International Liability When Violating the Headquarters of Diplomatic Missions
The development of international relations has made most countries of the world rely on diplomatic representation in all its forms as a means of communication and protection of mutual interests. The diplomatic mission is the link between the governments of the countries that are working to achieve cooperation starting from the transfer of different opinions between countries and trying to overcome the difficulties that escape the entanglement Interests. The Diplomatic Mission has given its diplomatic and diplomatic functions to the diplomatic missions a special status, with full protection, so that it can play its role quietly away from all pressures, In the State which has adopted it. This reality is found in peacetime when States have ratified the Vienna Convention on Diplomatic Relations, 1961. In times of war, if we accept the severance of diplomatic relations because of a war between two countries exchanging diplomatic representation, States must apply the rules of international humanitarian law and consider diplomatic envoys among the civilians recognized by the Fourth Geneva Convention of 1949 as special protection against the enemy state, And the role and headquarters of diplomatic missions should be classified as civilian objects that should not be the target of military operations. To establish and maintain international protection for diplomatic missions and to establish mechanisms for this, namely, the establishment of international responsibility for the violation of the inviolability of the diplomatic envoy and the role of diplomatic missions, there is a tortious responsibility by the receiving State as it did not provide security for the diplomatic mission, Executive or judicial authority. The personal criminal responsibility of the President for his acts or those of his subordinates is also carried out If a serious violation of the Fourth Geneva Convention of 1949 is committed.
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