خلاصة:
Embassies and consulates are important parts of diplomatic organizations and international relations; these two can be considered the pillars of diplomatic and consular relations of governments outside their capitals. An embassy is the permanent or temporary representation of a country in another country. Sometimes, the residence of the ambassador or representatives of foreign governments is located within that country's embassy. Consuls, like diplomats, are representatives of their country in another country. However, unlike diplomats, their field of activity is not related to political relations between two countries, but rather includes non-political matters: such as issuing passports and visas, protecting the commercial and shipping interests of their country, etc. In addition to the capitals of countries, consulates are also present in the provincial cities of countries. Therefore, the location of embassies and consulates is on the territory of another country. For this reason, it is said that representatives sent by one country to another must be safe and enjoy immunity so that they can carry out their activities without any fear of being subject to aggression, attack, or similar issues.
ملخص الجهاز:
In response to the question raised, it must be said: First, as stated in the theories of the basis of immunity and the 1961 and 1963 Vienna Conventions, embassies and consulates are not considered part of the territory of the sending state and belong to the host country.
For example, there is a general principle of international law based on the fact that ships flying the flag of a country are considered part of that country's territory, and in the event of a crime occurring on these ships, the flag state has the jurisdiction to adjudicate; however, no such principle exists regarding embassies and consulates being part of the territory of the sending state.
Summer 1398 * * * * * * * * * * * The International Court of Justice, in the case of the diplomatic and consular staff of the United States in Tehran, states: "The regulations and rules of diplomatic law comprise a regime that, on one hand, determines the obligations of the receiving State regarding certain facilities, privileges, and immunities, and on the other hand, places possible safeguards at the disposal of the receiving State to counter any misuse by members of the mission" (40).
(the sending or receiving country) Secondly, according to Article 3 of the Islamic Penal Code, Iranian courts have the jurisdiction to handle all crimes within the territory of Iran; is this rule also observed regarding diplomatic missions and consuls?
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