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International Responsibility of the Accredited State for Violating the Sanctity of Diplomatic Archives | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 13, Volume 16, Issue: 1 part 2 / 2, June 2025, Pages 219-244 PDF (1.14 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.187826 | ||
| Authors | ||
| Baidaa Ali Wali* 1; Zahraa Rasool Salman2 | ||
| 1College of Law - University of Al-Qadisiyah | ||
| 2Faculty of Law - Al-Qadisiyah University | ||
| Abstract | ||
| The immunity of diplomatic archives is one of the basic pillars to ensure the effectiveness of diplomatic work and provide legal protection for correspondence and archives of a sensitive nature and their importance in the context of international relations as part of the protection granted to diplomatic missions. Therefore, the legal rules that regulate the immunity of archives according to the Vienna Convention on Diplomatic Relations of 1961, which constitutes the international legal framework adopted to protect the mission's archive documents from any interference, whether inside or outside the mission's headquarters, and other agreements indicated that the violation of the archives, whether positive or negative, gives the accredited state the right to claim compensation for the damages it has suffered as a result of violating its archives and disclosing its secrets to the public, which may end in severing international relations between the two countries concerned. The development taking place at the present time with technological and scientific progress and the emergence of modern and encouraging means used to violate archives and cause harm to the concerned state through seizure and cyber espionage, the necessary and sufficient protection must be provided for those archives, with a statement of all aspects of protection stipulated in accordance with the Vienna Convention on Diplomatic Relations of 1961. 1961, and combating its breach by all necessary means, as well as committing crimes against it or seizing its assets, and the international responsibility of the receiving state arising from its failure to protect diplomatic archives. | ||
| Keywords | ||
| Diplomatic archives; international responsibility; diplomatic immunity; receiving state | ||
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