RESPONSIBILITY OF MEMBERS OF THE DIPLOMATIC CORPS AGAINST THE ADMINISTRATIVE WORK (IRAQ AS A MODEL)

Main Article Content

ZAHRAA QADRI MENHI, SAIF SAAD MAHIDI

Abstract

The function of diplomatic missions is considered one of the jobs that are subject to the internal and international law. It is a tool for implementing the foreign policy of the state and is related to the diplomatic envoy who represents it. This is because the diplomatic envoy, like all other state employees, is entrusted with responsibilities and duties towards his accredited country and its nationals, as well as towards the accredited country therein. The head of the mission is the person appointed by his country in another country after obtaining the approval of the receiving country, and he shall be responsible before his government and the government of the receiving country for all actions related to the mission and the management of its affairs. Thus, he shall have the rank of ambassador, authorized minister, or person-in-charge, and according to the level of diplomatic representation between the two countries. The granting of diplomatic status and its degrees shall be related by the internal laws and these members shall be affiliated with the Ministry of Foreign Affairs. However, the foreign service jobs are one of the categories of public civil service jobs, who implement their country’s foreign policy through the work carried out by the diplomatic envoy, at the request of his government, of which is considered as one of the acts related to the sovereignty of his country, and in the event that the envoy refuses to perform the latter, he will be subject to the disciplinary punishment imposed by his country for disobeying its orders, as he is being responsible for his political and administrative work entrusted to him. Moreover, the negligent employee shall be punished for his negligence by imposing an appropriate punishment and according to its severity. Thus, disciplinary action is deemed as an effective guarantee for the diplomatic employee not performing his job duties in accordance with the laws and regulations in force in his country.


The mission of the diplomatic envoy is ended due to several reasons, pertaining to his person, reasons related to his country, and reasons related to the country he is accredited at.

Article Details

Section
Articles
Author Biography

ZAHRAA QADRI MENHI, SAIF SAAD MAHIDI

 

ZAHRAA QADRI MENHI1, SAIF SAAD MAHIDI2

1Ibn Sina University of Medical and Pharmaceutical Sciences

2AL-Nisour University College/ Baghdad/ Iraq

References

Thamir Kamel Mohammed, Contemporary Diplomacy and Negotiation Management Strategy, first edition, 2000.

Salah Al-Dein Ahmed Hamdi, Studies in Public International Law, Publications E L G A, first edition, 2002.

Suhail Hussein Al-Fatlawi, diplomatic Immunity of the Diplomatic Envoy, Comparative Legal Studies, publisher: Egyptian Office for Distributing Publications, 2002.

Isam Jabber, The consular and diplomatic function in law and practice, comparative studies, Aweidat for Publishing and Printing, Lebanon, Editions: 2001.

Saeed Bin Salman Al-Ibaree, Diplomatic Relations Between Theoretical and Application, Dar Al-Nahda Al-Arabia for publication and distribution, 1996 Edition.

Alaa Abo-Amer, Diplomatic Function, Its Origin, Institutions, Rules, and Laws, Dar Al-Shorouk for publication and distribution, 2001 Edition.

Mohammed Al-Saeed Al-Daquk, Mustafa Salama Hussein, Contemporary International Law. Alexandria: University Press, 1997.

Mohammed Sami Abdul-Hameed, Mohammed Al-Saeed Al-Daquk, Ibrahim Ahmed Khalifaa, Public International Law. Alexandria: University Press, 2003.

Mohammed Sami Abdul-Hameed, Public International Law, the Second Part, International Rule. Alexandria: University Press, seventh edition, 1997.

Ahmed Abo Al-Wifaa, Diplomatic and Consular Relations Law is a Flag and a Special Reference to What is Applicable in Egypt. Dar Al-Nahda Al-Arabia for Publication and Distribution, Cairo, 2003.

Abo Al-Qasim Saad Allah, Prince Abdulkader's life, University Press Office. 2004. Translation of Charles Henry Churchill.

Ali Hussein Al-Shami, diplomacy, Its Origin, Evolution, Rules and System of Diplomatic Immunities and Privileges, Dar Al-Ilm for Millions, Second Edition, 1994.

Adnan Al-Bakry, Diplomatic and Consular Relations, University Foundation for Studies, Publishing and Distribution, 01 Edition, 1986.

Ahmed Abo Al-Wifaa, Public International Law, Cairo: Dar Al-Nahda Al-Arabia for Publication and Distribution. Fourth Edition. 2004, Page 90.

Rafiq Atiaa Al-Kassar, Diplomatic Protection for State Nationals Abroad. Doctoral Thesis Submitted to the Faculty of Law, Cairo University, (unpublished), (1998).

Abdulazeez Mohammed Sarhan, Diplomatic and Consular Relations Law, An Analytical Study in International Jurisprudence and Jurisprudence and the Provisions of the Two Agreement 1961. 1963. 1986.

Mohammed Khalaf, Diplomacy, Theory and Practice, Dar Zahran for Publication and Distribution, Amman, Jordan, Edition: 1997.

Hassan Abdullah Younia Al-taei, Termination of the Functional Association and Judicial Oversight of its Decisions, First Edition, Arab Studies Centre for Publishing and Distribution (publisher), Al- Giza 2017.

Othman Salman ghalian Al-Aboodi, Explanation of the Provisions of the State and Public Sector Employees' Discipline Act No. 14 of 1991 amended, T2, 2012.

Husban Abdullah Younis Al-Taei, Expiry of the Functional Association and Judicial Oversight of Decisions Issued By a Comparative Study, Arab Studies Centre for Publishing and Distribution (publisher), Egypt, 2016.

Fadi Al-Mallah, Security Powers, Immunities and Diplomatic Privileges: in Theory and Practice Compared to Islamic law. University Press, Alexandria, 1993 Edition.

Abdulqader Shakir Mahmood, Excluding the Employee from the Public Office (Comparative Study), T1, Al-Wafaa Legal Library, Alexandria, 2017.

Othman Salman Ghailan, Public Service Ethics, Al- Halabi Human Rights Publications, Beirut 2014.