Administrative Obligations for Diplomatic Missions in the Context of International and National Law: Implications and Challenges for Cybercrime

Abstract

The objective of this study is to establish that individuals associated with diplomatic missions, such as diplomats and administrators, are not exempt from the jurisdiction of their home country's legal system. Therefore, the legal system of their home country can hold individuals occupying diplomatic positions accountable for any errors ascribed to them, in accordance with the stipulations delineated in the Civil Service Law and pertinent administrative rules. This accountability persists even if they are not subject to the laws of the host country, in accordance with the recognised rules of diplomatic judicial immunity. This study additionally investigates the difficulties and consequences of cybercrime, particularly in the setting of diplomatic missions. In order to accomplish this goal, the current study has utilised a methodological framework based on the discipline of jurisprudence. This entailed collecting data from several primary and secondary sources. The study utilised a blend of descriptive and comparative analytical approaches to investigate the legislation of many Arab countries and the French legal system. The study's conclusions suggest that national laws establish committees and bodies with explicit responsibilities for overseeing, disciplining, and enforcing sanctions. These procedures function based on the principle of gradualism, which regulates the legislative structure for administrative responsibility in diplomatic and consular missions. Competent authorities must abstain from any actions that could be interpreted as an abuse of power or a deviation from established protocols. Concurrently, we carefully attended to the unique attributes of these works in the field of diplomatic service.  Moreover, it is important to mention that the host countries have the power to start legal actions against diplomatic agents in situations related to cybercrime, following their own domestic laws. The study concluded by defining the administrative tasks carried out by diplomatic missions, which are within the jurisdiction of the administrative judiciary. This control is established to ensure the efficient implementation of administrative activities and obligations within the host nation. This paper proposes several recommendations, emphasising the significance of promptly bestowing authority upon the administrative judiciary to attain beneficial outcomes.