Potential Challenges to the Immunity of the Roman Pontiff: A Reflection on the Delicts of Sexual Abuse of Minors Committed by Clerics

Authors

  • L. Marabese

DOI:

https://doi.org/10.19272/201908601006

Keywords:

power of governance, universal jurisdiction, extraterritorial jurisdiction, “respondeat superior”, sexual abuse of minors.

Abstract

This article aims to investigate the crucial points of C. T. Washington’s thesis on the potential challenges of international law to the immunity of the Roman Pontiff. The comparison between canon law, evolved to the point of granting the Bishop of Rome absolute immunity in the exercise of his primatial office, and international law, which acknowledges the Pope’s immunity as a Head of State though interpreting the same doctrine in an ever more restrictive way, calls for the attention of canonical science, especially if we consider the constant trend of the courts to deem the Roman Pontiff responsible for the crimes committed by members of the clergy.

Published

2019-06-15

Issue

Section

Doctrinal Issues