Enforcement and Limits of Diplomatic Immunity in the Light of the 'Ius Cogens' Norms

Abstract

Diplomatic immunity, on its different modalities, procures the efficient development of the activities and objectives of a diplomatic corps. It integrates, thus, a wide variety of prerogatives and exemptions due to sovereignty and equality among States. Nonetheless, it has limits that have not been developed or applied uniformly nationally and internationally given that there is no consensus about whether must be applied in conformity to its iure imperii or iure gestionis dimension. In this context, this reflection article aims towards shedding light on this controversy that harms the comprehension, study, and application of this figure.  The former takes greater complexity when attending the ius cogens norms and international law of human rights, i.e. when these norms are infringed under the protection of diplomatic immunity, even though the international courts and the doctrine are not pleased in an interpretation regarding the limits and scope of said immunity. Summarizing, we present the Colombian case and emphasize in the ambiguities of the high courts’ jurisprudence with a divergent thesis. Thus, the fundamental rights depend on the agreed jurisdiction, which generates judicial insecurity and against what’s stated in our higher laws.