Beyond Borders: Historical Evolution of Diplomatic Immunity and its Contemporary Application in Sri Lanka and the United Kingdom

The notion of diplomatic immunity places diplomats in a receiving state in safe hands, exempting them from prosecution under the domestic laws of that state. This concept has evolved through different eras with multifaceted state practices. Therefore, the primary objective of this paper is to analyze the concept of diplomatic immunity and privileges and their historical evolution. To this end, the evolution of diplomatic immunity and the rationale/theories behind it will be examined. Secondly, this research intends to analyze the notion of diplomatic immunity under the Vienna Convention on Diplomatic Relations. Thirdly, this paper aims to analyze the Sri Lankan state's practice of diplomatic immunity in light of recent developments in the United Kingdom. A library-based qualitative research method will be employed, gathering necessary information from relevant international treaties on diplomatic immunity and domestic legal standards of Sri Lanka and the United Kingdom. Journal articles, textbooks, research and working papers, government publications, electronic databases, and e-journals will be used to find information and substantiate arguments in the study. In conclusion, this research believes that the core objectives of diplomatic immunity should align with the function theory. Furthermore, a comparison of Sri Lankan and United Kingdom State practices reveals that both countries have taken different approaches to adopting international standards at the domestic level. Comparatively, the Sri Lankan system has areas that can be further subject to reforms.