قطع العلاقات الدبلوماسية بين الدول في القانون الدولي
ضحى زهير خلوي الدويك
Duha Zuheir Khalawi AlDweik
This is a master's thesis, which studies diplomatic relations between states according to the rules of international law in terms of concept, causes, effects; referring to the main question of the study and answering whether it is convenient with international legal terms and international principles. According to the Vienna Convention, the First Framework Agreement on Diplomatic Relations between States, "diplomatic relations are established between States and permanent diplomatic missions are dispatched on the basis of mutual consent and agreement".1 However cutting-off diplomatic relations is an unilaterally action. This step is represented as a suspension of diplomatic relations by a friendly decision, to close the diplomatic missions of the States concerned, for various reasons. However at some cases, diplomatic connections are kept through other methods. Reasons for the descision of “cutting-off” diplomatic relations are many, some of which are for political reasons, or legal violations by one state over another or could be as a result for constitutional changes from one of the states, or as a result of the outbreak of war or armed conflict between the two parties. According to the Vienna Convention, these diplomatic missions remain centered on their work even at some degree of tension. However, when the relations are cut-off, the diplomatic mission permanently ends. Moreover, The effects of this matter are extended to the parties concerned and are rarely extended to other parties. These effects are outlined as either the obligations of States towards the premises and funds of the diplomatic mission or towards the subjects of the State, or outlined as the international relations between the States concerned. In fact, Many scholars have examined diplomatic relations, few have discussed diplomatic relations, and rare have examined the convenience of this act with international laws and principles. Therefore, In order to examine this part and to come up with the expected outcomes, the nature of the act of cutting-off diplomatic relations must be examined as a unilateral sovereign decision that reflects the sovereignty of the state on its territory, its citizens and its laws. And From the above, we carry on from the principle that this act is an ultimate right for the State by implicit recognition of the Vienna Convention on Diplomatic Relations, but has not studied causes, effects and situations in details. Thus, the outcome of this thesis is that this legal descision is an unfriendly decision expressing the tension of diplomatic relations between states. Therefore, countries refer to it only as the final step after the state's incapacity, but it remains a political decision that has its own legal system, which has its own characteristics. In the case of the use of this resolution without arbitrariness, exaggeration or persecution of the rights of nationals of the State causing the cutting, it shall remain a right as long as it does not exceed any of the international laws and principles.