Practice question
A protected diplomatic agent tells an investigator personally that questioning or prosecution is acceptable. The investigator treats this personal statement as necessarily satisfying the Convention’s waiver rule, although the sending State has made no express waiver. Which is correct?
- Article 32 requires an express waiver by the sending State; the agent’s personal statement is not automatically sufficient.
- Every personal comment waives all treaty immunities.
- Only a private complainant may waive immunity.
- Waiver can never occur.
- Foreign nationality alone determines waiver.
Legal references
- Civil Code, Article 14, generality of penal and public-security laws: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Article 2.
- Vienna Convention on Diplomatic Relations, Articles 29–32 and 41, United Nations treaty text: https://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf
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