ABSTRACT
The International Court of Justice has examined the seizure and detention of United States diplomats and members of their staff by a group of militant "students" in Tehran from the point of view of international law. Islamic law recognizes the binding nature of treaties in accordance with the maxim pacta sunt servanda. The Koran and the Sunna contain numerous references to the protection and immunity of diplomats, their staff, and accompanying persons. The diplomat is the beneficiary of Aman, a legally binding privilege that obligates the state to protect the beneficiary until his departure from its territory. The beneficiary who violates its terms may be prosecuted, but not if he is a diplomat, who in addition to benefiting from the Aman is also the beneficiary of other forms of legal protection and privileges. The principle of diplomatic immunity, and its extent, is derived from the Koran and the Sunna.
