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THE HOLY SEE AS A SOFT POWER ACTOR

Iva Krákorová, M.A.1

Prof. Jan Österreicher, MD., PhD2.
1 Masaryk University, Czech Republic
2 Ministry of Defence, Czech Republic

ABSTRACT
Vatican diplomacy will play important role in international relations, where is a significant
source as a soft power. As follows from casuistics herein, the Pope might be a great mediator
in some stages of conflicts. However, we have to take into consideration some limitations.
The Pope’s power is not equally all over the world due to particular religion strength. If we
are talking about Vatican diplomacy, it is necessary to define, what it is. Unfortunately,
differences between Vatican City State and the Holy See are very often mistaken. Due to
these circumstances, we have to clarify it.

Keywords: Vatican City State, Holy See, papal diplomacy

INTRODUCTION
The term “Vatican diplomacy” might be very problematic. In spite of the fact, that it is
commonly used, it might be confusing. Because it is not diplomacy of Vatican City State, but
the diplomacy of the Holy See. Both terms are often mutually interchangeable. Due to this
circumstance, clear definition is crucial. On the other hand, both entities are closely
interconnected and anchored in international law. It is necessary to take into consideration the
fact, that both entities have the same leader, the Pope. Even though, Christianity in many
European countries is in retreat, the Pope is still a very important actor.
Vatican City State is mostly defined as a sovereign state, but the Holy See accredits foreign
diplomatic missions. The Holy See maintains diplomatic relations with more than 180
countries. The Holy See also participates in many international organizations. The most
important mission is established in United Nations. The Holy See diplomacy is quite different
from diplomacy of other states. It caused not only by historical experience, but also by
ecclesiastic dimension.

Vatican as a subject of international relations

Vatican City State and the Holy See are specific entities of international relations. They
cannot exist without the other one and sometimes they complement each other. They also
share their leader, the Pope. We might quote Frantisek X. Halas, who said: “The Pope does
not need to be a head of state to govern a state, but to be not controlled.” [1] It explains some
nuances in relations between the Vatican City State and the Holy See. As I mentioned in the
introduction, the Holy See maintains diplomatic relations and not the City State. It expresses
the importance and primacy of the Church.
The Vatican City State (Status Civitatis Vatican) is the smallest sovereign state in the world.
Only 450 people have official Vatican citizenship. About 350 people have a permanent or
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temporary permission of residence. Vatican citizenship is automatically granted to all

cardinals and Vatican diplomats. The City State was created by signing of agreements
between the Holy See and Kingdom of Italy on February 11, 1929. These agreements called
the Lateran Pacts, and they were ratified on June 7, 1929. The Kingdom of Italy was
presented by the Prime Minister Benito Mussolini and the City State by the Cardinal
Secretary of City State Pietro Gasparri. Lateran Pacts are composed of three main agreements.
First one is the Treaty of Conciliation (also known as the Lateran Treaty), which officially
created Vatican City State. The Holy See accepted Kingdom of Italy and Kingdom of Italy
confessed absolute sovereignty of the Holy See. Another treaty was the Concordat, which
adjusted conditions of the Catholic Church, relations within Kingdom of Italy. The last treaty
(Convenzione) determined repayment between the Kingdom of Italy and the Holy See
according to historical events in 1870 [1].
The Vatican City State is unique in many aspects and even in the political system. But still,
the City State has own territory, citizens, the legislation, the executive and the judiciary.
Officially it is at theocracy or monarchical-sacerdotal state. The head of state is the pope
(Supreme Pontiff), officially titled Sovereign of the State of the Vatican City. He is voted by
the Sacred College of Cardinals. Vatican City State has his own government machinery
numbered less than 300 people. On the other, the Holy See has Roman Curia with almost
3000 people. Vatican constitution consists of six fundamental laws. The Pope delegated the
legislation to the Pontifical Commission of the Vatican City State. The Commission consists
of seven cardinal appointed for five-years by the Pope, and it is led by the President of the
Pontifical Commission of the Vatican City State. The president is also a member of the
Roman Curia. For better decision making process, they can use a group of experts, called
“Consulta."All acts done by the Commission must be approved by the Pope. Executive power
belonged to the Governorate of the Vatican City led by the president of the Pontifical
Commission. A Secretary General and a Deputy Secretary General are of assistance to him.
The judiciary consists of a sole judge spearhead the court with limited jurisdiction. Other
members are the Tribunal with three judges, the Court of Appeals with four members and the
Supreme Court of Appeals [2].
History of the Holy See is much longer than history of the Vatican City State. It could be
dated back to the fourth century. Nevertheless the history is not very relevant for this essay. I
will focus on the structure of the Holy See. The most important authority in the Holy See is
the Roman Curia, which consists of 12 categories of offices. The Secretariat of State is at the
cutting edge of all curial offices. The Secretariat is led by the Cardinal Secretary of State, who
is the pope’s right-hand man. Sometimes the Cardinal is comparing to the prime minister of
the state. It is true, that they have some similar authorities. But of course, this comparison is
limited, especially due to a different structure of the Holy See. It is only substitute power
practised in name of the Pope, who is the real power. Due to his power, we can compare his
position to the position of an absolute monarch; however, the Pope is voted. This fact is only
one democratic element of the political system. It was a theoretical framework, but in
practice, the Cardinal Secretary of State is very powerful position. He can also influence the
policy of the Holy See more than the Pope. In the last resort, he might weaken the Pope’s
influence. At the same time, it was necessary to set up a safeguard against misuse. The
position of the Cardinal Secretary of State perishes when the Pope dies. The function was a
few times revised. Last revision took place in 1988 [1].
The Secretariat is divided into two main sections: Section for General Affairs and Section for
Relations with States. Both leaders of sections are titled as titular archbishops, but although
they have same titles, their competences and power are different. Official title of the leader of
General Affairs is the Substitute for General Affairs to the Secretary of State. He is also
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deputy to the Cardinal Secretary of State. In the hierarchy, he is the number three man in the
Holy See, sometimes he is nicknamed as a grey eminence. He decides what is important and
what is necessary to report to the Pope and what not. The Section for General Affairs consists
from eight departments. The second section is smaller, and the competences are strictly
defined. Their tasks include diplomatic relations and agreements. They also represent the
Holy See on international events [1].
Another organ is Congregation. It is one of the oldest and the most prestige institutions in the
Holy See. They have nine Congregations in total. But this number has changed in the history.
They are composed of cardinals and archbishops. Leaders of congregations are always
cardinals, and they are titled as prefects. Prefects present the executive power. In some points,
congregations are something like “ministries." The ministries govern not the state, but
Catholic Church all around the world [1]. Next organ is the Synod of Bishops. Pope Paul IV
established it in 1965 for better communication between the centre and the periphery. It could
serve as a feedback for the Pope. Ordinary General Assembly are held every three years.
Except this, Special Assemblies could be convoked, when it is necessary. Main purpose of
creation the Synod is discussing common questions of internal church issues and their
mission. They make binding decisions very rarely.
Pontifical Councils took a final shape in 1988. In the hierarchy, they are on the same level as
congregations, and they are led by a cardinal. Councils are a little bit smaller than
Congregations. The biggest difference between both institutions lies in obligatory effect of
documents issued by them. In the case of Congregations, the document is binding for all their
subordinates. On the other hand, Council’s documents are mainly recommending. We can
define 12 Councils. The judiciary is based on the fact, that the Pope is the supreme judge.
However, right is mainly exercised by three main tribunals. The most important is the tribunal
of Segnatura Apostolica. It is the Supreme Court. The second one is the tribunal of Apostolic
Penitentiary and the third one is the Roman Rota. The Apostolic Penitentiary is not a typical
court in our understanding. This court does not give judgements, but it grants a pardon. The
Roman Rota is the most similar to our courts. Last office, what I would like to mention is
Officia. Cardinals from Officia administer economical aspect and “earthly possessions” of the
Holy See [1]. State budgets of all entities were separated as late as in 1982. State budget of
the Vatican City state is more or less balanced or surplus. On the contrary, the Holy See
budget is deficit. It is not caused due to mismanagement, but the Holy See administers Church
all around the world [1].

Vatican in International Law

“Public international law might be defined as a system of legal norms provide for relations
between states and other international subjects.” [3] Sovereign states are main actors.
According to Montevideo Conference in 1933, conditions of sovereign states were
determined: a permanent population, defined territory, government and capacity to enter into
relations with the other states. Other subjects are also known as non-state actors [4].
The Holy See is very specific entity. In the international law, it is presented as sui generis
(atypical organism). Historically, subjectivity of the Holy See was bounded to a concrete
territory. In 1870, the Holy See lost the territory, and it was integrated to the Kingdom of
Italy. In spite of the fact that the Holy See lapsed as the church state, the Holy See remained a
subject of international law. They maintained diplomatic relations with other states. This
situation called “Roman Question” was solved by the Lateran Pacts in 1929. [3] “It is
generally understood that the Holy See’s international personality materializes from its
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religious and spiritual authority and mission in the world as opposed to a claim over purely
temporal matters.” [5]
As mentioned above, only the Holy See maintains diplomatic relations. Except diplomatic
relation, they also lang in many international organizations (for example International Atomic
Energy Agency, World Intellectual Property Organization, Organization for Security and
Cooperation in Europe and many others). It is very interesting, that the Vatican City State also
participates in the international organization. “The Vatican City State is the official member
of those organizations in which the Holy See cannot maintain membership for reasons of its
existence solely as a legal personality and not a temporal body.” [2] For example, the City
State participates in International Telecommunications Satellite Organization, International
Telecommunication Union or Universal Postal Union, because all of them require a physical
territory.

Vatican diplomacy
Vatican diplomacy is not just diplomacy of a micro-state. But the Holy See unifies Christians
from all around the world. It counts about 2,1 billion people. The Holy See established
diplomatic relations with 184 states and international organizations. In some cases, the Holy
See uses multiple accreditations (mostly for small states). This number is not reciprocal,
because 28 states from 184 did not accredit their own diplomats or established a mission
there. In total, the Holy See established 106 resident mission and only 82 resident mission are
established there. Another very interesting fact is the number of accredited diplomats. In the
case of ambassadors and charge d’affaires, it is 153, if we add also chiefs of missions from
international organizations, it is 156. But the Holy See has only 105 apostolic nuncios.
Establishing of resident mission is not reciprocal now. The Holy See welcomes new residents
mission on their territory, but they do not strive for their own new residents missions abroad.
The dual or multiple accreditation is more useful [1].
If the Holy See makes an agreement with another state, a question about religion will
probably appear. Especially in Christian states. Agreements made by the Holy See are mostly
related to this topic: definition of legal status of the Church, cultural, educational and
charitable scope of activities related to the Catholic Church, Catholic Church activities within
armies, economical securing of the Church and economic issues related to this topic,
interconnections of agreements with the legal status of the state [1].
In the Holy See, there are only four accredited mission from international organizations. On
the other hand, the Holy See sends out 17 missions to governmental organizations and eight
missions to non-governmental organizations. Missions to governmental organizations are
quite similar to state missions. The diplomats have the same title (apostolic nuncios or
monsignor), what they gained during their previous mission. However, it is only a rank and
not an office. Non-governmental missions consist of permanent observer or delegate. The
Holy See realizes the importance of international organizations and Pope Paul VI highlighted
it in the Sollicitudo omnium Ecclesiarum [1].
The most discussed participation in the international organization is the UN’s mission. The
status of the Holy See permanent observers was outlined in Resolution 58/314 of July 1, 2004.
“We cannot vote on resolutions or decisions, but we can still help shape them along with
member states.“ [6] Their rights are divided into nine sections: participate, inscription,
interventions, the right to reply, communicate, co-sponsor, raise points of order, seating [7].
The UN mission is very beneficial due to the Holy See objectivity. They do not have a
strategic aims as other states. They also give the priority to humanitarian and peaceful
solutions to power. They suit the purpose of neutral observer.
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Contemporary relations
New era of the Vatican diplomacy came with Pope John Paul II. His predecessor Paul VI was
the last pope, who admitted realism in the international relations. John Paul II condemned
military strength. Soft power was the solution. The end of the bipolar world brought new
chances for the Vatican diplomacy. During the first Gulf War, he actively fought for a
peaceful solution. He appealed to all participant for a dialog and negotiation. When he
realized, that the war is unavoidable, he supported allies.
Another very interesting case was a relation with Israel and Palestine. During the papacy of
Paul VI, relations with Holy Land and Palestine crystallised into the vicious circle. The Holy
See strived for an equilibrium between Israel and Palestine. Israel blamed the Holy See, that
the pope favoured Arabs. Arab countries in the region were not satisfied with the Holy See
policy, due to weak support of Palestine. And add insult to injury, US tried to force the Holy
See to establish diplomatic relations. In 1993, certain easing of tension came, when the Holy
See started to negotiate with Israel. Quite soon, diplomatic relations were established. More
important than the establishing the relations, it was a basic agreement signed on December 30,
1993. The basic agreement adjusted status of the Church in Israel. Next step was establishing
relations with the Palestine Liberation Organization. From this point, the Holy See has been
carefully watching the situation, and the pope has been trying to improve the relations and
solve all problems [1].
In 1992, the pope focused also on the Somali conflict. In his Message for Peace (1991 –
1995), he recommended humanitarian interventions and peaceful process. Five main topics
were mentioned: “to act, but intervention must be contextualized; interveners must work for
reconciliation, but parties to reconciliation must be legitimate; preparation for reconstruction
must be part of planning; intervention is not a quick fix; the goal of partnership must shape
it.” [8] Sometimes it is necessary to use more than only negotiation. But it has to be carefully
prepared and not to act rashly. Otherwise, it can cause more harm. The pope’s attention was
also fastened by death of 22 Catholics in 1989.
Last example, what I would like to present is capturing of 15 British military personnel in Iran
in 2007. The pope, as a neutral mediator, and other diplomats helped to solve this situation.
Pope Benedict XVI send a letter to Ayatollah Khamenei, as a spiritual leader to another
spiritual leader. He demanded the release all of them. “Iranian Ambassador to the Holy See,
Mohammed Javad Faridzadeh, recalled in an interview that his embassy received the Pope’s
letter ‘with great happiness’ and immediately sent it to Iran in acknowledgment of the
‘spiritual importance the Vatican has throughout the world.’‘[9] British military personnel
were soon freed.

CONCLUSION
To conclude, the Holy See still plays a significant role in the contemporary international
relations. The Vatican City State is important as a territory. The territory allows the pope to
perform his church duties, and he cannot be manipulated. On the contrary, the Holy See
structure is crucial for diplomatic relations. The Holy See apparatus is much bigger, because
they take care not only about earthly issue, but also about ecclesiastic.
The Holy See used his role of a neutral mediator and also a religious leader. Their authority
and respect are well known. Under the terms of some topic, they are still very conservative or
rigid. In spite of it, they assume very clear position to solution of conflicts and problems.
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Peaceful solution, if it is possible, is their priority. The Holy See diplomats are very active,
and they want to participate in all topics. Even though, their size is very small, they are
significant actors of the contemporary international relations. They might be used in many
cases due to their professionalism and relative neutrality. A lot of countries have become
mostly atheist. But the faith still plays very important role.

REFERENCES

[1] Halas, F. X. Fenomén Vatikán: idea, dějiny a současnost papežství : diplomacie Svatého
stolce: České země a Vatikán. 2., rozš. vyd. ed. Brno: Centrum pro stadium demokracie a
kultury, 783 pp, 2013.

[2] Young, S. & Shea, A. Separating State from Church: A Research Guide to the Law of the
Vatican City State. CUA Columbus School of Law Legal Studies Research Paper No. 2007;
Law Library Journal, Vol. 99, No. 3, 589 pp, 2007.

[3] Scheu, H. Ch. Úvod do mezinárodního práva veřejného. Praha: Auditorium, 144 pp 2010.

[4] Boas, G. Public International Law Contemporary Principles and Perspectives.

Cheltenham: Edward Elgar Pub., 400 pp 2012.

[5] Rothwell, D., Kaye S., Akhtarkhavari A., Davis R. International Law: Cases and Materials
with Australian Perspectives. Cambridge: Cambridge University Press, 800 pp, 2014.

[6] Cushley, L. A Light to the Nations: Vatican Diplomacy and Global Politics, Harbigen
Lecture, 2007.

[7] Martens, K., Position of the Holy See and Vatican City State in International Relations,
The.U. Det. Mercy L.Rev., 83, 729 pp, 2005.

[8] O'Connor, B. J. Beyond Black Hawk Down: Papal diplomacy and the lessons of Somalia,
The Brandywine Review of Faith & International Affairs, 2:1, 27-35, 2004.

[9] Vatican Diplomacy. Diplomat magazine. N.p., n.d. Web. 18 Apr. 2014.
http://www.diplomatmagazine.com/index.php?option=com_content&view=article&id=253