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

The objective of this study is to demonstrate that individuals affiliated with diplomatic missions, including diplomats and administrators, are not immune to the jurisdiction of their home country's legal system. Consequently, individuals in diplomatic positions may be held responsible for any mistakes attributed to them in accordance with the provisions outlined in the Civil Service Law and relevant administrative regulations. This accountability remains applicable even if they are exempt from the jurisdiction of the host country's laws, as per the established principles of diplomatic judicial immunity. This study also examines the challenges and implications of cybercrime, specifically within the context of diplomatic missions. To achieve this objective, the present study has employed a methodological framework rooted in the field of jurisprudence. This involved gathering data from a variety of primary and secondary sources. The study employed a combination of descriptive and comparative analytical methodologies to examine the legislation of several Arab countries as well as the French legal system. The findings of this study indicate that national legislation establishes committees and entities that are specifically responsible for oversight, discipline, and the enforcement of penalties. These mechanisms operate in accordance with the principle of gradualism, which governs the legal framework for administrative accountability within diplomatic and consular missions. Consequently, competent authorities are obligated to refrain from engaging in any actions that could be construed as an abuse of authority or a departure from established procedures. Simultaneously, due consideration was given to the distinctive characteristics of these works within the realm of diplomatic service. Furthermore, it is worth noting that the host countries possess the authority to initiate legal proceedings against diplomatic agents in cases involving cybercrimes in accordance with their respective domestic legislation. The study concluded by providing a definition of the administrative work conducted by diplomatic missions, which are under the jurisdiction of the administrative judiciary. This control is implemented to ensure the effective execution of administrative functions and responsibilities within the host nation. This study presents various recommendations, highlighting the importance of granting immediate powers to the administrative judiciary in order to achieve favourable results.