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World

Under the Vienna Convention, can a country waive its diplomat's immunity?

Published

Verdict
True
Verification confidenceHigh

Explanation

Yes. Under Article 32 of the Vienna Convention on Diplomatic Relations, the country sending a diplomat can expressly waive that diplomat's immunity from the receiving country's jurisdiction.

The treaty assigns this power to the sending state. UK Crown Prosecution Service guidance confirms the distinction: a diplomat cannot personally waive their own immunity, and a waiver must come from the sending state.

The scope of the waiver matters. Article 32 specifies that waiving immunity for civil or administrative proceedings does not automatically waive immunity from enforcement of the resulting judgment. That requires a separate waiver.

Key takeaway

The sending state can waive diplomatic immunity from jurisdiction. The diplomat's personal consent is not a substitute for that waiver.

Evidence

Article 32 expressly permits a state waiver

United Nations

Supports the claim

Article 32 allows the sending state to waive a diplomatic agent's immunity from jurisdiction and requires that waiver to be express.

Based on: United Nations

A diplomat cannot personally grant the waiver

Crown Prosecution Service

Supports the claim

UK prosecution guidance confirms that waivers can only be granted by the sending state, not by the individual diplomat.

Based on: Crown Prosecution Service

Enforcing a civil judgment requires a separate waiver

United Nations

Provides context

Article 32 distinguishes a waiver for civil or administrative proceedings from a waiver permitting enforcement of the judgment.

Based on: United Nations

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