Sarah Mitchell
The Holy See, the governing body of the Catholic Church, is recognised as a subject of international law and an active participant in international relations. It maintains diplomatic relations with numerous countries and has ratified international treaties. The Holy See's Secretariat of State, headed by the Cardinal Secretary of State, directs its diplomatic activities. While the Vatican has been embroiled in scandals involving sexual abuse and misconduct, it is unclear whether Catholic cardinals possess diplomatic immunity. However, the Pope has immunity under the Lateran Pacts while residing in the Vatican or visiting Italy.
| Characteristics | Values |
|---|---|
| Catholic cardinals have diplomatic immunity | False |
| Who has diplomatic immunity? | Pope, Vatican ambassadors, Apostolic Nuncios |
| Can diplomatic immunity be waived? | Yes, by the diplomat's home country |
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What You'll Learn
What is diplomatic immunity?
Diplomatic immunity is a principle in international law that grants certain foreign government officials legal immunity from the jurisdiction of another country. It allows diplomats safe passage and freedom of travel in a host country, and protects them from local lawsuits and criminal prosecution.
Diplomatic immunity is one of the oldest and most widespread practices in international relations. Most civilizations since antiquity have granted some degree of special status to foreign envoys and messengers. It is designed to facilitate relations between states by allowing their respective representatives to conduct their duties freely and safely, even during periods of political tension and armed conflict.
The protections covered by diplomatic immunity are wide, but there are exceptions. One of the exceptions is actions relating to professional or commercial activity. This means that diplomats cannot use their position for personal profit or gain, or for commercial activities outside the scope of their official duties. Another exception is when the diplomat's home country removes their immunity, allowing them to face criminal charges in the host country.
In the United States, the Diplomatic Relations Act of 1978 follows the principles introduced by the Vienna Conventions. The Vienna Convention of 1961 on diplomatic relations grants diplomatic immunity to foreign ambassadors. The degree of protection awarded to diplomatic personnel is dependent on their rank and position. An ambassador, as the highest-ranking official, enjoys full diplomatic immunity. Embassy and consular employees under the ambassador enjoy a lower level of diplomatic immunity based on their position.
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Who does diplomatic immunity apply to?
Diplomatic immunity applies to diplomats who represent their country abroad. It protects them from prosecution in the host country for the duration of their posting. It also applies to their families and property.
The Holy See, the diplomatic arm of the Vatican City, has negotiated numerous bilateral treaties with states and participates in the negotiation of international law-making treaties. The Holy See maintains apostolic delegates to local Catholic Church communities that work in an unofficial, non-diplomatic capacity.
The Vienna Convention on Diplomatic Relations of 1961 covers diplomatic immunity, which allows diplomats to work without fear of interference from the host country's laws or lawsuits. However, it does not give diplomats carte blanche for misconduct, and they are expected to obey the laws of the host country. In the event of misconduct, the sending state may recall the diplomat or waive diplomatic immunity.
Some countries have made reservations to the Vienna Convention, and it does not cover the personnel of international organizations, whose privileges are decided on a case-by-case basis.
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Can diplomatic immunity be revoked?
Diplomatic immunity is a principle of international law that provides foreign diplomats with a degree of protection from criminal or civil prosecution under the laws of the countries hosting them. It is covered by the Vienna Convention on Diplomatic Relations of 1961.
Diplomatic immunity can be revoked in certain circumstances. It is the diplomat's home country that has the authority to waive immunity and allow prosecution, typically if the diplomat was involved in a serious crime unrelated to their diplomatic role. For example, in 2002, the Colombian government waived the diplomatic immunity of one of its diplomats in London so he could be prosecuted for manslaughter. In 1998, the United States did not waive immunity for Douglas Kent, the American Consul General to Russia, after he was involved in a car accident that left a young man, Alexander Kashin, disabled. However, Georgia revoked immunity for Gueorgui Makharadze, a high-ranking Georgian diplomat, after he caused a car accident that killed a 16-year-old girl in Washington, D.C. in 1997. He was sentenced to seven years in prison for involuntary manslaughter and aggravated assault.
In many cases, countries are hesitant or refuse to waive immunity. If immunity is not waived, prosecution cannot be undertaken. However, the host country can expel the diplomat and revoke their visa, barring them and their family from returning.
In recent years, the Holy See has generally recalled diplomats accused of civil crimes in their host countries to be tried in Vatican City. However, in 2019, the Vatican waived diplomatic immunity for its envoy to France, Archbishop Luigi Ventura, who was under investigation for sexual assault.
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How does diplomatic immunity work in the Holy See?
The Holy See, as a non-state sovereign entity and full subject of international law, has been recognised as an active participant in international relations. It is distinct from the city-state of the Vatican City, over which the Holy See has "full ownership, exclusive dominion, and sovereign authority and jurisdiction". The Holy See currently has diplomatic relations with 184 sovereign states, including 181 United Nations member states.
The Holy See's diplomatic activities are directed by the Secretariat of State, headed by the Cardinal Secretary of State, through the Section for Relations with States.
The Vienna Convention of 18 April 1961 established diplomatic immunity for the Vatican's foreign diplomats. Such immunity can only be revoked by the Holy See. Diplomatic immunity allows diplomats in a country to do their work without fear of interference from the host country's laws or lawsuits from the host country.
In recent years, the Holy See's practice has generally been to recall diplomats accused of civil crimes in their host countries. Once back in Vatican City, they are tried both civilly and canonically, and may later be stripped of diplomatic immunity so they can also be prosecuted by the host country. In April 2018, Vatican police arrested former diplomat Msgr. Carlo Alberto Capella, who faced charges related to child pornography in both the United States and Canada, where he had served in diplomatic posts for the Holy See. The Holy See declined a State Department request to waive immunity in Capella's case. However, information regarding the findings of the US State Department was passed along to the Vatican's Promoter of Justice. Following a 2018 Vatican civil trial, during which he admitted viewing child pornography, Capella was sentenced to five years in prison.
In another instance, the Holy See waived diplomatic immunity for its envoy to France, Archbishop Luigi Ventura, who was under investigation for sexual assault. Ventura, 74, is accused of molesting a male employee of Paris City Hall during a New Year reception at which Anne Hidalgo, the mayor of Paris, addressed diplomats, religious leaders, and civil society figures.
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Have there been any notable cases involving Catholic cardinals and diplomatic immunity?
The Vatican's diplomatic corps, or the Holy See, has been involved in several notable cases where Catholic cardinals and other high-ranking officials have been implicated in criminal activities and faced legal proceedings.
One notable case involved Archbishop Luigi Ventura, the apostolic nuncio (Vatican ambassador) to France. In 2019, the Vatican waived Ventura's diplomatic immunity, allowing him to face criminal charges for sexual assault. Ventura was accused of inappropriately touching a young male staffer at Paris City Hall during a New Year reception in January 2019. The case sparked outrage and prompted French authorities to urge the Vatican to waive immunity, which they eventually did.
Another case involved Msgr. Carlo Alberto Capella, a former diplomat who served in the Holy See's diplomatic posts in the United States and Canada. In 2017, the US State Department notified the Vatican of a possible violation of laws related to child pornography images involving Capella. While the Holy See initially declined to waive his immunity, Capella was recalled to Vatican City and faced civil and canonical trials. He was sentenced to five years in prison and may be dismissed from the clerical state following the conclusion of the canonical trial.
The Vatican has faced widespread criticism and accusations of cover-ups in response to numerous scandals involving sexual abuse and misconduct by Catholic clergy. In 2010, Pope Benedict XVI was at the center of controversy, with reports emerging of sexual abuse of children by priests. While the Vatican denied any cover-up, the scandal sparked mixed reactions among Catholics, with some defending the Pope and attacking the media, while others considered leaving the Church due to the issue.
These cases highlight the complex dynamics between the Vatican's diplomatic immunity and the pursuit of justice in situations where Catholic cardinals and other officials are implicated in criminal activities. The Vatican's willingness to waive immunity in certain cases, such as those involving sexual misconduct, indicates a shift towards accountability and collaboration with host country judicial authorities.
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Frequently asked questions
Catholic cardinals do not have diplomatic immunity unless they are in Vatican City, where the Pope and other Catholic officials are protected under the 1929 Lateran Pacts between Italy and the Holy See.
Diplomatic immunity is a protection offered to diplomats that exempts them from lawsuits or prosecution in their host country.
Yes, diplomatic immunity can be revoked in special circumstances, such as when a diplomat is accused of a serious criminal offense. The diplomat's home country can remove their immunity at its discretion.
