مبدأ المعاملة بالمثل في القانون الدولي الدبلوماسي

Principle of Reciprocity in Diplomatic international Law

The principle of reciprocity is one of the old principles approved by
customary rules, as countries resorted to obtaining similar treatment to those
they provide to other countries ,Rich or poor, big or small , and reciprocity in the
diplomatic field is an old principle that pushes countries to observe good
treatment of diplomatic missions accredited to them so that their mission
receives similar treatment in other countries, Therefore, the concept of
reciprocity has become a common concept in the practice of international
relations; Being a means of enhancing cooperation between countries without
being bound by the literal rules, as the majority of diplomatic relations between
countries are based on this principle; This is due to its many advantages,
including achieving a kind of parity and equality between them. Therefore, the
Vienna Convention on Diplomatic Relations of 1961 stipulated this principle in
Article ( 47) in addition to the Vienna Conventions on Consular Relations of
1963 and Special Missions of 1969, However, in order to achieve the goal of the
principle of reciprocity, there must be controls or limitations for this principle so
that it is not a means of revenge and retribution between countries.
although the 1961 Convention did not It sets controls for the principle of
reciprocity to prevent violations of the rules of international law, but
international practice has proven that there are exceptions to the principle of
reciprocity in diplomatic relations.
The International Law Commission has stressed on several occasions the
necessity of preventing acts that violate international law in application of the
principle of reciprocity within the framework of diplomatic relations, Among
these exceptions are the use of force, as states may not resort to reciprocity in the
case of the use of force; The fact that this constitutes a violation of the Charter of
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the United Nations, which prohibits the use or threat of force, and that the
principle of reciprocity may not be applied in acts that constitute a violation of
diplomatic law, such as violating the personal immunity of a diplomatic envoy,
nor can reciprocity be applied in the case of diplomatic asylum, as a result of For
his humanity.
As a result of the importance of the principle of reciprocity and to ensure
its application, the majority of national legislation has stipulated this principle,
whether in their constitutions, as is the case in the French constitution and the
Iraqi constitution, or in their relevant internal legislation, as is the case in
Egyptian and Iraqi legislation, To highlight the importance of this principle. In
the context of international justice, the principle of reciprocity is one of the basic
provisions for accepting the mandatory jurisdiction of the International Court of
Justice, and the Court has a role in resolving disputes resulting from the
application of this principle, which was confirmed by the protocol annexed to
the Vienna Convention on Diplomatic Relations regarding mandatory settlement
for disputes