الموظف الفلسطيني في البعثات الدبلوماسية
إبراهيم احمد محمود أبو فروخ
Ibrahim Ahmad Mahmoud Abu Froukh
The purpose of this study to identify the diplomatic employee and the administrative employee inside the Palestinian embassies indicating their rights and duties within the framework of international law by studying the Vienna Convention on Diplomatic Relations in 1961 AD, the Vienna Convention on Consular Relations in 1963 AD, internal laws of the Palestinian Diplomatic Law No. (13) for the year 2005 AD, the attached bylaw No. (374) for the year 2005 AD, and the Palestinian Civil Service Law No. (4) for the year 1998 AD. It also dealt with clarifying the differences in immunities and diplomatic privileges between a diplomatic employee and an administrative employee, as well as, clarifying their administrative and diplomatic duties. This study was based on one hypothesis that the Vienna Convention on Diplomatic Relations of 1961 clarified the rights and duties related to the diplomatic employee in relation to immunities, privileges and diplomatic tasks, while it did not directly clarify the rights and privileges that relate to the administrative employee, who works alongside the diplomatic employee in Palestinian embassies. In order to achieve the objectives of the study and to answer the hypotheses and questions that it raised, a comparative analytical method was used by interpreting and analyzing the texts of the Vienna Agreement for Diplomatic Relations, in addition to analyzing and studying internal laws such as the Palestinian Diplomatic Corps Law No. (13) and the attached regulations for the year 2005 and the Civil Service Law, for the year 1998 AD. This study concluded with a set of results, the most important, of which, is that the Palestinian diplomatic employee enjoys all the privileges and immunities stipulated in the Vienna Agreement for Diplomatic Relations of 1961, and that the Palestinian administrative employee obtains the same rights and privileges that the diplomatic employee enjoys, with the exception of some rights. This study recommended the independence of the diplomatic corps law from other laws, amending the terms of appointment to the diplomatic position and limiting the right to affiliation only to the Palestinian citizen and not others, and that the selection of employees is based on competence, experience, and great knowledge in the field of the diplomatic corps.