Subject: Re: German Exclave in the Vatican
Date: Feb 25, 2002 @ 14:27
Author: shocktm ("shocktm" <andrew@...>)
Prev    Post in Topic    Next [All Posts]
Prev    Post in Time    Next


--- In BoundaryPoint@y..., "lnadybal" <lnadybal@h...> wrote:
> I just posted a photo from a 1972 article I've saved for years that
> pictures the Camp Santo Teutonico which is surrounded by the
> building that houses the Teutonic College, just to the west of St.
> Peters. I've tried for years to learn how this came to be and to
> learn what German official administers it.
>
> Does anyone have any insight?
>
> Is the whole building that surrounds the cemetary extraterritorial,
> or just the cemetary within the walls?
>
> The existence of this piece of land with this status begs the
> question as to whether the barracks of the Swiss guards have any
> extraterritorial status we never hear about? Are there any other
> extraterritorial or diplomatic enclaves in the Vatican proper, or
> are all countries that have relations with the Holy See represented
> by ambassadors who are housed outside the Vatican at ther missions
> to Italy?

Calling it an exclave is a bit of overstating. It is not a sovereign
piece of Germany but most likely an administratively part of a German
archdiocese. There are no enclaves/exclaves within the Vatican or
Vatican exclaves/enclaves outside of the Vatican. The Vatican has
extraterritorial on several buildings in Rome, but extraterritorial
is just an administrative/juristically matter not a sovereignty one.
The only clave one sees in the Vatican is a conclave*. (Hopefully not
soon)

The Vatican opens a large can of worms as it relates to
administrative statuses. The Vatican is ruled by the Pope, a person
with several titles and offices. First among these is that the Pope
is the Bishop of Rome. This indicates that the Pope has ecclesiastic
powers of all of Rome. This makes it difficult for other Catholic
institutions to exist in the Vatican as they have no power over
themselves. In order to solve this problem many ecclesiastic enclaves
exist. One being the Teutonic College but it would include the
Ethiopian College, the headquarters of the Jesuits, an office of
Mother Teresa Order, etc. Ultimately having these ecclesiastic
enclaves really does not matter much as the Pope is the Supreme
leader of the Catholic Church and has power over the occupants of
these ecclesiastic enclaves.

The second issue you bring up (diplomatic status) bring up another
can of worms. Most people think the Vatican and The Holy See are one
in the same thing. Unfortunately they are not. The Holy See is the
corporate headquarters of the Catholic Church. Currently it is
located in the country called Vatican City State. This has not always
been the case. For example the Holy See was located in Vaucluse,
France for about a hundred years. Also before 1929, the Holy See was
in Italy (even though it was in the Vatican). In 1929, the Holy See
and Italy signed the Laternal Treaties which guaranteed the Catholic
church independence from Italy (and Italy from the Holy See) by
creating the Vatican City State.

Vatican City State is a strange country as it has no citizens (All
residences are citizens of other countries - the Pope being Polish)
and no diplomatic representation (all representation is to the Holy
See not Vatican City State). This gives us a situation like the
United Nations in NYC (A international recognized organization who
has ambassadors to it but who are located in a third country). I
assume that in the case of the Holy See, Italy allows the missions to
exist with specific rules.


> I know that during WWII there were diplomats who were "trapped" in
> the Vatican, in some cases for years, but I don't think their
> presence there made the ground they stood on or the rooms in which
> they performed their official magic at any given time, into little
> mobile extraterritorial pieces of wherever it was that they had
> come from. But even though I don't think that, it could have been.
> No?

If the Holy See officially assigned an ambassador an office to
operate within the Vatican, it would have extraterritorial status
(just as Embassy does or the Ambassador residence does). The place
where the Ambassador is for a moment does not have extraterritorial
status.



-Andrew
Fairfax, VA, USA

* A Conclave is held to elect a new Pope on the death of the current
occupent.