Human rights and the pope

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Article 26 of the Conciliation Treaty stresses that, “Italy…recognizes the State of the Vatican City under the sovereignty of the Supreme Pontiff.”
The UN does not.
170 nations have affirmed this by establishing diplomatic relations with the Holy See.
This is irrelevent. The Holy See is not of issue. It is not ocnsidered a state by anyone.
Historical precedent has accorded the Holy See state sovereignty and its elected leader, Pope Benedict, the international rights of diplomatic immunity, affirmed April 1, 2010 by Giuseppe dalla Torre, President of the Court of State of Vatican City. (Reuters, April 1, 2010, Philip Pullella, “Vatican: Pope has immunity in sex abuse trials”)
It does not surprise me that Vatican courts would argue that the pope has diplomatic immunnity.
Defining the Lateran Pacts of 1929
Although 21st Century observers may attempt to use legal maneuvers to strip the Holy See of sovereignty, the 1929 Lateran Pacts clearly define the independence of the Holy See. This includes diplomatic immunity for the head of state.

Read more at Suite101: Papal Immunity and Vatican Sovereignty: Creation of the Holy See by the Lateran Pacts of 1929 italianhistory.suite101.com/article.cfm/papal-immunity-and-vatican-sovereignty#ixzz0kzwvPSda
italianhistory.suite101.com/article.cfm/papal-immunity-and-vatican-sovereignty
Once again. The Holy See is not a state. Even if you think that Vatican City is a state, the fact that countries such as Italy recognize diplomatic relations with the Holy See is irrelevent.
 
“Since 1999, the non-governmental organization, Catholics for Choice, has advocated against the participation of the Holy See in multilateral forums. It argues that the Holy See is a religious organization and not a state, and that, therefore, it should have neither a special status in international law nor the right to participate, in a position analogous to that of states, in the international conferences on social, cultural and economic matters. No State has supported this initiative. On the contrary, the United Nations General Assembly confirmed and raised further the status of the Holy See as an observer within the UN, through its Resolution 58/314 of 16 July 2004.” - wiki
 
“Since 1999, the non-governmental organization, Catholics for Choice, has advocated against the participation of the Holy See in multilateral forums. It argues that the Holy See is a religious organization and not a state, and that, therefore, it should have neither a special status in international law nor the right to participate, in a position analogous to that of states, in the international conferences on social, cultural and economic matters. No State has supported this initiative. On the contrary, the United Nations General Assembly confirmed and raised further the status of the Holy See as an observer within the UN, through its Resolution 58/314 of 16 July 2004.” - wiki
Did you have some point here or are you just making clear that you now understand that the Holy See (while an observer at the UN) is not a state and that the so-called state of Vatican City is not recognized by the UN?

Best,
Leela
 
What you think in your head about this is not important. What is real in this world is what counts. The Pope is ex officio sovereign of Vatican City.
You’re a patient guy/gal, Thing.

Leela, it’s a dumb stunt. Diplomatic immunity aside, Pope Benedict hasn’t committed any crimes. If you can’t be convinced now that it’s nothing but a stupid stunt, just stay tuned and see how it turns out. Hindsight is 20/20 - if that’s what you need to be able to see this situation clearly, you’ll just have to wait and watch it play out. Frankly I’m surprised that you’re gullible enough to take this seriously. I guess it just goes to show how radically fideistic folks of all confessions (including devotees of Dawkins and company) can be.
 
If the Vatican is not a state in itself, then Taiwan, which also lacks representation in the UN, and has formal diplomatic relations with only a handful of countries (curiously, Vatican included), has even less claims to statehood. Any argument about size, population is completely arbitrary.

Moreover, B16 didn’t commit any crime, even less against humanity. It takes a very obtuse understanding to infer that taking time to dismiss a pedophile priest is a crime against humanity.It is a non-sequitur of immense proportions. Unfortunately these days the MSM doesn’t care much about fairness…
 
“Since 1999, the non-governmental organization, Catholics for Choice, has advocated against the participation of the Holy See in multilateral forums. It argues that the Holy See is a religious organization and not a state, and that, therefore, it should have neither a special status in international law nor the right to participate, in a position analogous to that of states, in the international conferences on social, cultural and economic matters. No State has supported this initiative. On the contrary, the United Nations General Assembly confirmed and raised further the status of the Holy See as an observer within the UN, through its Resolution 58/314 of 16 July 2004.” - wiki
The UN, every country in the General Assembly 192?, confirmed the Holy See as an Observer State when somebody had challenged its status as a State.

:irish3: Leprechauns are real when they are real.
 
You’re a patient guy/gal, Thing.
Are you kidding? You know full well, Dave, that the Holy See is not a state. Why would you compliment the patience of the one who is obstinently arguing that it is? Whether or not Vatican City is a state is a different question. Perhaps if you explained that important distinction to Thing this conversation could move forward.
Leela, it’s a dumb stunt. Diplomatic immunity aside, Pope Benedict hasn’t committed any crimes. If you can’t be convinced now that it’s nothing but a stupid stunt, just stay tuned and see how it turns out. Hindsight is 20/20 - if that’s what you need to be able to see this situation clearly, you’ll just have to wait and watch it play out. Frankly I’m surprised that you’re gullible enough to take this seriously. I guess it just goes to show how radically fideistic folks of all confessions (including devotees of Dawkins and company) can be.
I agree that nothing is likely to come of this legal maneuver, though I’m not sure how stupid it is. The most they could achieve is to prevent the visit, and I strongly doubt that they will achieve even that.

Best,
Leela
 
Are you kidding? You know full well, Dave, that the Holy See is not a state. Why would you compliment the patience of the one who is obstinently arguing that it is? Whether or not Vatican City is a state is a different question. Perhaps if you explained that important distinction to Thing this conversation could move forward.
Why is it important to make the distinction for the purposes of this conversation? You seem to be straining out gnats and swallowing camels here.
I agree that nothing is likely to come of this legal maneuver, though I’m not sure how stupid it is. The most they could achieve is to prevent the visit, and I strongly doubt that they will achieve even that.
…so, yeah, it’s a smear campaign, but it’s a valiant effort all the same?
 
I’m quite sure Haag can try a head of state - isn’t there an arrest order out on the president of Sudan? I hope you’re joking with the Saddam Hussein part - he was arrested, tried in court and executed years ago.
I was referring to the fact that there was no international legal authority that could sit in judgment of Saddam Hussein precisely because NO country recognizes that authority precisely because it would be a surrender of sovereign power. Whether your a democracy, a dictatorship, or some sort of oligarchy as - no politician of any stripe is willing to put themselves under the legal authority of a foreign body UNLESS there is something to be gained by it. OR they’re a country not powerful enough to resist being ganged up on.

You’ll bear in mind that Saddam was tried by the Iraqi Interim Government. IE: He was tried on Iraqi soil by an Iraqi government.

As for how far the power of the Hague extends, that’s actually been up for debate ever since China (and other nations who don’t particularly agree with the “universality” of the declaration of human rights and definition of “war crimes” per the Rome Statute). You’ll also notice that those Presidents being called to trial/have been called to trial tend to rack up the following characteristics:

1.) Majority of them are African, because with the historic exclusion of Apartheid South Africa, no African country has ever been able to resist the collective power of The West (or China for that matter in terms of trading rights) because they are weak.

So Thucydides so eloquently said it more than 2,000 years ago, “The Strong Do What they Can, The Weak Do What they are Willed.”

2.) Many of them have been deemed “Illegitimate.” of course, the definition of “Illegitimate” usually seems to favor the one doing the interpreting. 😉

3.) Genocide - Personal qualities aside, whether the ruler of a nation is a rapist, a looter, a despot, et al. That never really seems to rankle the sensibilities of First world governments. Mass slaughter does.
He’s not head of a state recognised by the UN, so that should have little effect in the UK.
If you can acknowledge that much of what occurs during an ICC trial is actually politically motivated, then the question has to arise as to what good (and now i’m not speaking of the victims, but those hearing the trial) could be gained from this action?

The same can be said if the trial is held in British Court (a rather fierce election is coming up between Gordon and David. this can easily be capitalized in favor of one side if the other one is portrayed as "anti-Catholic) or in the ECHR.

That being said, Geoffrey Robertson (a UN Jurist) is calling for the trial of Benedict.

And unlike the quivering masses who are frothing at the teeth regarding the sanctity of the Vatican or how one shouldn’t consider the Vatican a state due to __________ (fill in what you please) - Geoffrey’s actually doing his due diligence…

…but questioning the Lateran Treaty that a previous Pope signed with Benito Mussolini.

If this interpretation is push through - then the Vatican loses the recognition of its sovereignty.

And then everything is all nice, proper, and legal to put Benedict on trial. he’s merely a head of an international organization that has its headquarters in Italy.
 
…but questioning the Lateran Treaty that a previous Pope signed with Benito Mussolini…
FYI the Lateran Treaty was not only a 1929 thing. It is part of the art. 7 of the Italian Constitution (1948), and it was ratified again in 1984 as an international treaty.
 
I agree that nothing is likely to come of this legal maneuver, though I’m not sure how stupid it is. The most they could achieve is to prevent the visit, and I strongly doubt that they will achieve even that.

Best,
Leela
Stupidity, IMHO, has very little to do with mistaken pieces of information or gaffes. It also has very little to do with Philosophical or De Jure claims as to what is right.

It ultimately boils down to what is effective.

This whole thing reeks of debacle. Unlike domestic law (and being very very charitable to domestic laws in working countries), international proceedings are the most politicized because there isn’t an enforcement mechanism.

Scratch that - an enforcement mechanism that can coerce any of the major players to actual do what they agreed/said they would do.

This is why IL is considered a farce in many circles. You can pass any law you want - unless you can enforce it, its absolutely meaningless.

As for the case with the Pope - Leela please. NOTHING is going to come from this. nothing substantial at least.

Yeah sure, i suppose you can hit up all the atheist commentary about how religious organizations are given exemption, etc.

Ok…now back down on the ground in Reality - the absolute worse that can happen is that Benedict steps down as Pope. And i’m betting that depending on how high this goes, they may simply allow the Curia to remove him and pick another.

But, you’ll notice, this doesn’t really strike at any of the “core issues” that people caught up in the atheist/theist debates are SOO hung up over.

1.) This didn’t disprove God.

2.) This didn’t prove religion is a negative force.

3.) This didn’t even prove the Vatican is a negative organization.

All it does show is gross negligence of the folks at the the driver’s seat of a very very large organization. Because ultimately, disregarding the metaphysical claims that the Catholics might make about their Church, its an organization formed of fallible people.

So i suppose someoen might go onto to say that its because of the moral claims that the Vatican makes that this is the reason it deserves this level of scrutiny. Ohh the hypocrisy.

Big deal. Countries tend to position themselves on so-called moral footing vis-a-vis their neighbors either by utilizing an encompassing ideology (like Soviet Russia), making claims to superiority of culture (as China currently does), or trying to eke out some sort of Supernational Exceptionalism (thank you America).

And the actions of the leaders and gear-turners of those social constructs always fall short of the ideal.

Because ultimately, we’re fallible human beings.
 
If the Vatican is not a state in itself, then Taiwan, which also lacks representation in the UN, and has formal diplomatic relations with only a handful of countries (curiously, Vatican included), has even less claims to statehood. Any argument about size, population is completely arbitrary.
Take note of this people who are still reading the thread. Bdelykleon actually hit the nail on the head.

Statehood and Sovereignty are status determined by human beings and not like the natural laws that play out daily in my routines at the lab.

Ergo, they can be defined howsoever everyone is willing to agree on them.
It takes a very obtuse understanding to infer that taking time to dismiss a pedophile priest is a crime against humanity.It is a non-sequitur of immense proportions. .
unfortunately you miss that point Bdelyk.

All that matters, all that really matters, is who is doing the interpreting.

Well,that, and what kind of political gain can be had from rescinding recognition of sovereignty/causing a Pope to be “defrocked(?)”.

As there doesn’t seem to be much in either category, your little high priest seems pretty safe and sound to me.
 
Why is it important to make the distinction for the purposes of this conversation? You seem to be straining out gnats and swallowing camels here.
The issue for discussion was whether or not the pope has diplomatic immunity as a head of state. Thing kept cutting and pasting from unknown sources about how the Holy See is recognized by the UN. I was hoping you could sort out the issue of whether the Holy See has anything to so with the pope’s status as head of state so we can focus on the question of the legitimacy of the claim on other grounds.
…so, yeah, it’s a smear campaign, but it’s a valiant effort all the same?
Well, I certainly hope it is not just a smear campaign. At best, it may help achieve justice for the victims of abuse if the Church is convinced to release secret documents and admits, apologizes for, and corrects systemic problems. The Vatican keeps coming out with statements saying that there was no wrong-doing, yet available documentation says there was. The Church apparently put the interests of the Church ahead of the interests of the victims. I’d like to know the truth of the matter. Perhaps you can shed some light.

Best,
Leela
 
The issue for discussion was whether or not the pope has diplomatic immunity as a head of state. Thing kept cutting and pasting from unknown sources about how the Holy See is recognized by the UN. I was hoping you could sort out the issue of whether the Holy See has anything to so with the pope’s status as head of state so we can focus on the question of the legitimacy of the claim on other grounds.

Well, I certainly hope it is not just a smear campaign. At best, it may help achieve justice for the victims of abuse if the Church is convinced to release secret documents and admits, apologizes for, and corrects systemic problems. The Vatican keeps coming out with statements saying that there was no wrong-doing, yet available documentation says there was. The Church apparently put the interests of the Church ahead of the interests of the victims. I’d like to know the truth of the matter. Perhaps you can shed some light.

Best,
Leela
1- How would it help achieve justice for the victims?
2- The Church has apologized for the crimes of individuals, has been working to correct problems (you still have to prove that they are systemic).
3- The Vatican makes statements of no wrong-doing when there is not wrong-doing it also assumes responsibility in declaring wrong what is wrong. I doubt that the Church will publicly accuse anyone of wrong doing unless the evidence is clear. The Church is not the NYT
4- The Church must put the interest of the Church first and that implies making sure that the victims or potential victims are protected and their privacy is respected.
 
FYI the Lateran Treaty was not only a 1929 thing. It is part of the art. 7 of the Italian Constitution (1948), and it was ratified again in 1984 as an international treaty.
Understood, however that is what is going to be up for contention.

Don’t you Catholics realize that this is bigger than simply “defrocking” (Is that the right word?) your Pope?

They’re going after your organization’s status as a sovereign power. Up until this time, it has been treated as a De Facto state and with some minor De Jure concessions.

If enough support is garnered, say buh-bye to the De Jure. They’re about to do to you what they did to the Dalai Lama ~ without the army of course. 😉

Again, this isn’t the end of the world or catholicism or anything. italy is a catholic-enough country that i’m sure the Italian government will just shift everything legally and place the Lateran palace and all its holdings under NGO status. And I highly doubt you’ll lose UN observer status.

Life will go on, your masses will be said, except that the ceremonial position of your institution will be downgraded.
 
Human rights and the pope is the title to this thread.

We make assumptions about words, and their meanings. This, is the first obstacle to overcome.

Human rights?

All humans rights?

Civil rights violations continue under the banner of theism.
 
The issue for discussion was whether or not the pope has diplomatic immunity as a head of state. Thing kept cutting and pasting from unknown sources about how the Holy See is recognized by the UN. I was hoping you could sort out the issue of whether the Holy See has anything to so with the pope’s status as head of state so we can focus on the question of the legitimacy of the claim on other grounds.
Well as I understand it (I’m certainly no expert on the matter), the pope is the head of a sovereign entity, the Holy See, as well as a sovereign state, Vatican City, and the former basically owns the latter, using it as an instrument. So I certainly think the two are related, and it seems irrelevant to me whether we talk about the pope as head of the oldest sovereign entity in the world (the Holy See) or as head of a relatively young sovereign state (the State of the Vatican City - which apparently does have a soccer team!).
Well, I certainly hope it is not just a smear campaign. At best, it may help achieve justice for the victims of abuse if the Church is convinced to release secret documents and admits, apologizes for, and corrects systemic problems. The Vatican keeps coming out with statements saying that there was no wrong-doing, yet available documentation says there was. The Church apparently put the interests of the Church ahead of the interests of the victims. I’d like to know the truth of the matter. Perhaps you can shed some light.
Well I really don’t know what you’re talking about here. The Church has admitted, apologized for, and is working to correct systemic problems. But the Church has systemic problems no more than (and actually less than) the human race has systemic problems, and the man under attack has been key in working to fix those problems, not in creating them. If you have anything specific to criticize, problems specific to the Church or Benedict, please give me some details. If you’ve simply swallowed the BS from the NYT et al., I can suggest some corrective reading for you.
 
Understood, however that is what is going to be up for contention.

Don’t you Catholics realize that this is bigger than simply “defrocking” (Is that the right word?) your Pope?

They’re going after your organization’s status as a sovereign power. Up until this time, it has been treated as a De Facto state and with some minor De Jure concessions.

If enough support is garnered, say buh-bye to the De Jure. They’re about to do to you what they did to the Dalai Lama ~ without the army of course. 😉

Again, this isn’t the end of the world or catholicism or anything. italy is a catholic-enough country that i’m sure the Italian government will just shift everything legally and place the Lateran palace and all its holdings under NGO status. And I highly doubt you’ll lose UN observer status.

Life will go on, your masses will be said, except that the ceremonial position of your institution will be downgraded.
There is a big difference between how the UN considers the Vatican Sate and how Italy does. Independently of the UN approach Italy will still consider it an independent and sovereign state unless it decides to invade it. In order to do that they have to amend parts of the Italian Constitution. Italy cannot put the Vatican under a NGO status, it goes against Italian law, it is independent from international law.

However, as you mentioned the recognition of the Holy See and of the State of the Vatican from other nation or the UN is a different story.

BTW I think that a lot of not Catholics are quite confused by the word “defrocking”.
 
Oh, and while this thread is talking about 2 of the “Anti-theistic Four Horsemen” (Dawkins and Hitchens) my studies on these two men have led me to find they are quite…disagreeable…Hitchens moreso than Dawkins (Which surprised me)

Allow me to sum up the distastefulness of the actions of Christopher Hitchens by this title of an article he did on the Blessed Mother Teresa of Calcutta:

“The Ghoul of Calcutta”

Hitchens was the sole person the Church asked to give reasons why Mother Teresa shouldn’t become a saint (Like the outcome was ever in question), and of course, they found all his hot air to be worthless

The man is just…not pleasant. He seems to hate basically everyone, I give him much credit, he attacked with hate both Ronald Reagan and Michael Moore. That level of hatred takes commitment.

Dawkins is a little more straight-forward, and while he still holds much vitriol against religion, he is a little more refined, and doesn’t seem to hold as much distaste for the people themselves. He has stated that there are indeed “good scientists who are sincerely religious” but he remains “baffled…by their belief in the details of the Christian religion.” so the man is at least able to tolerate people with Christian beliefs, if not the faith itself.
 
Well I really don’t know what you’re talking about here. The Church has admitted, apologized for, and is working to correct systemic problems. But the Church has systemic problems no more than (and actually less than) the human race has systemic problems, and the man under attack has been key in working to fix those problems, not in creating them. If you have anything specific to criticize, problems specific to the Church or Benedict, please give me some details. If you’ve simply swallowed the BS from the NYT et al., I can suggest some corrective reading for you.
The articles I read about the attempt to raise a human rights case against Benedict don’t give any specifics. I assumed that the questions about the pope centered around his activity before he became pope. My understanding is that he was one of those bishops who shuffled offending priests to new parishes to offend again in Germany and also wrote some semi-secret document addressed to the world’s bishops instructing them to put the interests of the Church ahead of those of the victims while working for the Vatican. Do you have some reading to suggest on the issue?

Best,
Leela
 
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