Folia Theologica et Canonica 6. 28/20 (2017)

IUS CANONICUM - Szabolcs Anzelm Szuromi, O.Praem., An overview on the international relations of the Holy See since the ‘Roman question' until 1967, correlated with the first codification (1917)

AN OVERVIEW ON THE INTERNATIONAL RELATIONS OF THE HOLY SEE... 107

I. Political and International Legal Milieu 1. ‘Roman Question’

The international political status of the Holy See must be mentioned here in order to understand that extreme difficult diplomatic situation which almost hamstringed the active and effective international interventions of the Roman pope (here particularly Benedict XV [1914-1922] and Pius XI11922-1939]) in the time of the so called Great War ( 1914-1918), and also under the regulation of the C1C (1917), until 1929."' As it is common knowledge, for 1861 only the classical territory of the 'Patrimonium S. Petri' remained under the papal supreme authority as a sovereign territory." Camillo Benso di Cavour, leading figure of the Italian unification (f 1861 ) had prepared a proposal to solve the ‘Roman Question’ which contained the preservation of the sovereign legislative, administrative and juridical authority of the Roman Pontiff within the Vatican, which particular territory could remain as property of the pope, moreover, within the new, unified Italy the Holy Father could receive honorary privileges, besides the yearly financial support, provided by Italy. This offer was radically rejected by Pope Pius IX (1846-1878). The ‘Patrimonium S. Petri- in that time enjoyed the military protection by Napoleon Ill's (4* 1873) Army against the troops of Giuseppe Garibaldi (+1882). None the less a treaty which ratified between Italy and France guaranteed the inviolability of the territorial integrity of the 'Patrimonium S. Petri’ since September 15"' 1864, however the same document obligated France to pull off gradually its army, which had been ended for 1870. The papal troops were dismissed and only the Swiss Guard remained for protection of the Vatican, which after a high number of casualties laid down amis on September 20"’ 1870. Right after the annexation and popular vote the 'Patrimonium S. Petri- was declared as part of Italy by the Royal Decree 5903, on October 9"' 1870.10 11 12 On February 4"' 1871 Rome has become the capital city (moved from Florence) of the united Italy. Based on the principles of international law, the Papal State de facto had no existence any more. Based on the contemporary international law the situation was delicate, because the military occupation could claim to be lawful only, if it established on common official agreement, tacit consent, or on legal prescription.13 Therefore, the pope de jure

10 Cf. Szuromi, Sz. A.. A Pápai Állam alkokotmányfejlődése a kezdetektől az olasz egységig, in Jog történeti szemle 4 (2006) 20-23, especially 21.

11 Cf. Dalla Torre, P., L'opera riformatrice ed administratìva di Pio IX fra il 1X50 e il 1870, Roma 1945.

12 In detailed, cf. Jedin, H. (Hrsg). Handbuch der Kirchengeschichte, VI: Die Kirche in der Gegenwart, Freiburg-Basel-Wien 1971.696-705.

15 Bánk, J., Egyházi jog. Az. egyházi alkotmányjog alapjai, Budapest 1958. 61.