After nearly sixty years of attempted independence, during which time popes refused to acknowledge the legitimacy of the united Italy that surrounded them, powers and guarantees were offered that Pius XI accepted in return for assurances over the temporal aspirations of the religious organization of which he was leader.
Italy agreed to treat the VHS, with its newly defined territorial basis as Vatican City, as possessing status independent of Italy. In terms of the interests of the parties, the Lateran Pacts were a brilliant success. The papacy achieved all this without taking on the responsibilities for a civil population. The assurances over the sanctity of the Vatican premises as such were in substance the same as those extended in The extent of the control now granted to the Roman Catholic Church over church issues, including personnel and property including buildings throughout Italy, was a great coup.
Commensurate with this recognition by the Kingdom of Italy of the independent authority of the Roman Catholic Church within Italy was the declaration by the Italian state of an internationally independent status for the VHS. While it was a significant new step in the context of Italy, this guarantee was consistent with the approach of the Law of Guarantees, at the time of the initial annexation, in its commitment not to interfere with or trammel the worldwide religious leadership and communication of the papacy, sending representatives to, and receiving representatives from, foreign sovereigns.
What must now be considered is the status of the Lateran declaration regarding Vatican City as an independent entity. It is certainly the case that a new state can be set up by a treaty. The purported independent entity — Vatican City under the sovereignty of the Holy See — was endowed or constituted by the pre-existing state Italy on whose territory the purported state was defined. Comparison with the Bantustans of apartheid South Africa is therefore instructive.
The Rome arrangement emerged from the dialogue of two strong leaders who both saw benefit — both internationally and locally — in collaboration. Similarly, the state-recognized political leaders of the Bantustans saw benefit in their own form of collaboration, just as the leaders of apartheid South Africa did.
However, existing states may enter into all sorts of arrangements with their neighbours without sacrificing statehood, including extreme dependence in practical, political, or military senses, and existing states manifest many degrees of adequacy of self-determination.
The political decisions of the Italian government would not suffice to generate or to provide evidence for international legal status for the VHS.
Given the arguments earlier in this article, the agreements entered into between Mussolini and the Pope were agreements within the Italian national polity. Definitions agreed upon by the parties to those agreements said nothing about international status under international law. The arrangements were merely municipal. Municipal laws cannot overrule international regulations in their proper sphere, and although municipal acts and conduct may contribute to the development of state practice at the international level, they cannot in themselves constitute new international entities.
Short of the agreed parting of the ways represented by the splitting of Czechoslovakia into two entities, any redefinition of territory by the state is of only municipal significance. The municipal Italian nature of the Lateran arrangements is illustrated by the status of Italian law within Vatican City, available as a default, so long as it is not incompatible with Vatican regulations. This is in addition to those Italian laws expressly provided under the Vatican Constitution, such as laws on motorcars and contagious diseases as well as the Commercial Code.
Overall, there seems to be no reason to place any international legal weight on the Lateran Pacts, and no significant international legal status for the VHS for example, statehood or something approaching it can be derived from it. The Pope should not be treated as a head of state, thereby subject to the same duties and enjoying the same privileges, rights, or immunities as a head of state on the basis of the treaty.
By the same logic, Vatican obligations indicated in the treaty — such as the papal declaration of non-involvement in matters political — cannot currently be relied on against the VHS at an international level as if entered into by a state.
In the over 85 years since the signing of the Lateran Pacts, the VHS has been involved in numerous international activities and forums. This article has referred selectively to recent and contemporary debate over the international legal personality of the entity variously referred to as the Holy See or the Vatican City.
In terms of chronology, the focus has been on the period from the fall of the papal states to the Lateran Pacts. Much has happened since, but the logic of the above analysis is that the international status going to something like statehood of what is here inclusively called the VHS has not changed since At this point, the important contribution of Ioana Cismas needs to be further discussed.
As previously noted, Cismas argues that sufficient evidence exists for a status resembling statehood but that the rights thus attributed have not been accompanied by the engagement with state-like responsibilities.
Every new incumbent of the papacy can change policy. Somewhat more provocative is the proposal that a 21st-century recognition of state-like legitimacy for a VHS construct is a kind of new Law of Guarantees proffered by the international community in the hope that international responsibilities will finally be engaged.
The VHS is the institutional embodiment of one of many alternative, faith-based international movements, ranging from sects, to the great world religions, to newer faiths. Their international legal status should be the same. There are various ways in which the Roman Catholic Church and its officers should be subject to international law as well as to the laws of various municipalities around the world.
Individual Catholics have been the subject of discrimination and persecution in many places, and many leaders of Catholic communities have been courageous advocates of individual and collective rights. However, the many benevolent functions of the Roman Catholic Church worldwide — of the papacy and of its officers — would all survive the extinction of state-like international legal status for the VHS.
How might this all look to the leadership of that extraordinary institution? As alternative analyses, the arguments of Cismas and the present author constitute a stark choice for the papacy in the 21st century. Either the responsibilities that go with statehood must be fully embraced or the immunities that go with statehood must be fully relinquished.
The analysis presented above supports the second of these options. What is needed now, in other words, is an appropriately Franciscan gesture of humility. Robertson, The Case of the Pope , at Cismas, Religious Actors and International Law , at See Island of Palmas The Netherlands v.
Cismas, supra note 2, at Portmann, Legal Personality , at Reprinted in J. Coriden, T. Green and D. Duursma, supra note 12, at Peter; and the spiritual organization of papal government: H.
Martens, supra note 5, at Martens, supra note 5, at —; Crawford, supra note 11, at —; Cismas, supra note 2, at Duursma, supra note 12, at — In any event, ratification is carried out by the Pope.
Indeed, the Pope may be directly referenced by one usage of the term Holy See. Bathon, supra note 9, at Oppenheim, International Law: A Treatise , vol. Charlesworth and C. Dixon, R. McCorquodale and S. Williams, Cases and Materials on International Law 5th edn, , at Cardinale, supra note 17, at ; girls born in Vatican City may retain Vatican citizenship while they remain single, while boys lose Vatican citizenship at age Crawford, supra note 11, at Citizenship and other residence rights may be withdrawn at any time at the discretion of the pontiff.
Legitimacy brings up normative aspects — in particular, issues of self-determination — which is a consideration noticeably lacking from the Montevideo formula. Crawford, supra note Duursma, supra note 12; Crawford, supra note 11, at Cismas, supra note 2, at ; Crawford, supra note 11, at The treatment of consulates and diplomatic representatives is governed by international agreements widely held to reflect age-old customary observance.
But these obligations as to the protection of accredited representatives and of premises, documents and so on supervene on the legitimacy of the diplomatic relationship; they do not constitute that legitimacy. See discussion later in this article on the question of customary law. Asylum Colombia v. Cardinale, supra note 17, at Azaredo himself made similar points on exceptionality. Araujo, supra note 9, at Canon , reprinted in Coriden, Green and Heintschel, supra note 16, at emphasis added.
Coriden, Green and Heintschel, supra note 16, at Martens, supra note 5, at ; Coriden, Green and Heintschel, supra note 16, at Procacci, History of the Italian People , at 95; J. Kelly and M. Walsh, The Oxford Dictionary of Popes , at In , Pius had made a concordat with the Napoleonic Italian Republic that included parts of the pre-war papal states.
At 76 he was only two years younger than Benedict at the time of his election, confounding expectations that the cardinals would opt for a younger candidate to lead the Catholic Church through the many challenges it faces. Moreover, he has only one lung, which raised doubts about his stamina in this demanding post. He had broad appeal in the College of Cardinals, being conservative on homosexuality but liberal on such social issues as poverty and inequality. But the station has faced allegations that its transmissions have been putting lives at risk in a Rome suburb by exceeding Italy's electromagnetic radiation standards - claims the Vatican denies.
The papacy maintains a Twitter account, pontifex. Pope Francis criticism stuns Vatican. Pope declines Dalai Lama meeting. Vatican finds millions 'tucked away'. The Vatican's child abuse response. Vatican City State in English. A Roman necropolis stood on Vatican Hill in pagan times.
When a great fire leveled much of Rome in A. He executed them by burning them at the stake, tearing them apart with wild beasts and crucifying them. Among those crucified was St.
Peter—disciple of Jesus Christ, leader of the Apostles and the first bishop of Rome—who was supposedly buried in a shallow grave on Vatican Hill. By the fourth century and official recognition of the Christian religion in Rome, Emperor Constantine began construction of the original basilica atop the ancient burial ground with what was believed to be the tomb of St.
Peter at its center. The present basilica, built starting in the s, sits over a maze of catacombs and St. Obelisk in St. Caligula captured the obelisk that stands in St. To crown the center of the amphitheater, Caligula had his forces transport from Egypt a pylon that had originally stood in Heliopolis.
The obelisk, made of a single piece of red granite weighing more than tons, was erected for an Egyptian pharaoh more than 3, years ago. In it was moved to its present location in St. For nearly 60 years in the s and s, popes refused to leave the Vatican. Popes ruled over a collection of sovereign Papal States throughout central Italy until the country was unified in
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