Waiver of Immunity
Professor Eileen Denza
- Diplomatic immunity — Diplomatic privileges — Diplomatic missions — Immunity from jurisdiction, agents of states — Immunity from jurisdiction, waiver — Immunity from jurisdiction, execution of judgments — Immunity from jurisdiction, states
1. The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 37 may be waived by the sending State. 2. Waiver must always be express. 3. The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under Article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim. 4. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity...