Sovereign and Diplomatic
Immunity of the
Roman-Ruthenian Church and
State (URRC)
As
Derived from Canon Law, International Custom, and Legal Precedents
I. Introduction
The
United Roman-Ruthenian Church (URRC) and the Pontifical Imperial
State of Rome-Ruthenia (SPI), collectively otherwise known as the
Roman-Ruthenian Church and State (URRC or SPI), goverened by the Holy
Apostolic See of Rome-Ruthenia, maintains its status as
a sovereign ecclesiastical entity with a non-territorial state
framework; i.e., a nation without borders spanning multiple modern
civil states, with which it is not in competition. This document
outlines the legal basis for the assertion of sovereign and state
immunity for the Prince-Bishop and the Household thereof (known
interchangeably
as the Pontifical and Imperial Household and the Apostolic Household)
and diplomatic immunity for the officials of the Pontifical Court, the
Patriarchal Curia, and certain other sections of the Church, based on
canon law, international legal principles, and historical precedent.
This document is issued under the authority of His Apostolic Highness,
Prince-Bishop and Pope-Catholicos of Rome-Ruthenia, Supreme Pontiff of
the United Roman-Ruthenian Church, in his capacity as
sovereign head of the URRC.
II. The URRC as a Sovereign Entity under
International Law
A state does not require physical territory to assert sovereignty under
international law. There are recognized non-territorial or
limited-territorial sovereign entities, such as but not necessarily
limited to:
- The Holy See of Rome (Vatican City) – Exercises sovereignty
despite limited territorial control. Pope St. John Paul II asserted
that sovereignty did not come at all, however, from that territory, and
neither did its inclusion in the United Nations.
- The Sovereign Military Order of Malta (SMOM) –
Recognized as a sovereign entity with diplomatic relations, despite
holding merely miniscule territory within the City of Rome.
- United Nations Diplomats likewise receive diplomatic
status and immunity despite the United Nations itself being
non-territorial as an entity, territory being held exclusively by
member states.
- Exiled Governments and Recognized Stateless Entities
– Historical precedent includes but is not limited to the Free France
movement during WWII and the Order of Malta’s extraterritorial status
before gaining its current headquarters.
Under customary international law, a state is traditionally defined by
the Montevideo Convention (1933), which requires:
- A permanent population: The URRC maintains a stable
membership, clergy, and adherents worldwide, as well as those who are
tied to it by historical legacy, culture, ethnicity, and tradition.
- A defined territory: While non-territorial and not
seeking territorial control, the URRC has historical land within its
patrimony. The fact that the URRC does not seek land neither means that
it is not inherently and permanently tied to that land nor that it
abdicates its sovereign status. Additionally, historical precedent
allows for sovereignty without contiguous land. This is particularly
true for ecclesiastical entities.
- A government: The Prince-Bishop and the Curia
function as an sovereign ecclesiastical governing body.
- A capacity to enter into relations with other states: The URRC maintains diplomatic, ecclesiastical, and cultural ties with
other entities.
Under established international law, recognition is
declaratory, not constitutive
of sovereignty. As affirmed in the 1949 UN General Assembly Opinion on
Recognition, a state's existence is independent of whether other states
acknowledge it. The URRC’s sovereignty derives from its apostolic
foundation and historical legitimacy, and not from the discretionary
recognition of secular governments.
Given this, the URRC functions as a legitimate ecclesiastical state
without territory, but with inherent sovereign authority. While some
states may choose to extend formal diplomatic recognition at their
discretion, it is well-established in international law that
sovereignty does not depend upon external recognition. The Holy See of
Rome operated with full sovereignty before the Lateran Treaty of 1929,
and the Sovereign Military Order of Malta has maintained international
status without a fixed territory and without complete diplomatic
recognition by all civil nations. The URRC, likewise, exercises its
sovereign functions independently of recognition by any given civil
authority.
III. Sovereign and State Immunity of the
Household of the Prince-Bishop
As the head of the URRC and the Holy Apostolic See, His Apostolic Highness the Prince-Bishop of
Rome-Ruthenia, the Apostolic Household, the Pontifical Court, and the
Patriarchal Curia exercise sovereign functions, making them eligible
for state immunity under customary international law (as per the United
Nations Convention on Jurisdictional Immunities of States and Their
Property, 2004).
The Prince-Bishop, as the Supreme Pontiff of the URRC, holds a status
under canon law that is inherently sovereign, acknowledging no earthly
superior. This is in accordance with the ecclesiastical principle that
the Church, as the divine institution entrusted with spiritual
governance, stands above all civil authority, with the Prince-Bishop
holding universal authority. This universality is not, however, a claim
of spiritual or temporal jurisdiction over other churches or states but
rather a recognition of the church’s independence, its apostolic
succession, and its divine mandate.
The URRC, like all true Apostolic Churches, upholds the doctrinal
principle that the Church is superior to the state in all matters of
faith, morality, and spiritual governance. While the URRC does not seek
to govern or interfere with the governance of civil states in mundane
administrative affairs, it has the divine duty to comment on and guide
society in accordance with sacred doctrine. As affirmed by Saint Thomas
Aquinas, laws that contradict divine and natural law lack true
legitimacy and therefore do not bind the conscience of the faithful. No
civil government, therefore, may interfere in the internal governance,
discipline, or administration of the URRC, nor may it legitimately
impose laws that directly oppose the moral law. This is consistent with
historical canon law traditions and the position taken by other
ecclesiastical states and sovereign religious institutions throughout
history.
Indeed, the principle of non-interference in ecclesiastical governance
has been affirmed in multiple legal frameworks. For example, the
European Court of Human Rights (ECHR) has ruled in cases such as
Sindicatul Păstorul cel Bun v. Romania (2013) that states cannot
interfere in the internal governance of religious institutions. Similar
protections exist under the First Amendment of the U.S. Constitution,
which affirms the doctrine of church autonomy in cases such as Kedroff
v. St. Nicholas Cathedral (1952) and Serbian Orthodox Diocese v.
Milivojevich (1976).
- Sovereign and State
Immunity
– The Prince-Bishop, the Apostolic Princess, the defined members of the
Apostolic Household, and the ecclesiastical state itself are not
subject to legal proceedings in foreign courts without express consent.
- Acta jure imperii
– Official state and religious acts (including governance,
administration, and ecclesiastical rulings) cannot be challenged under
domestic jurisdiction.
- Exemption from civil
suits
– Members of the Apostolic Household carrying out religious and state
duties are protected from civil litigation where URRC sovereignty is
invoked.
URRC sovereign and diplomatic immunity applies exclusively to
internal ecclesiastical governance and diplomatic functions. It does
not interfere with the legal jurisdiction of civil states over matters
unrelated to URRC governance. However, as an apostolic entity, the URRC
asserts full authority over its clergy, officials, and religious
members in accordance with canon law and the principles of sovereign
ecclesiastical independence.
IV. Diplomatic Immunity of URRC Officials
The URRC’s diplomatic representatives, including the entirely of
members of the Pontifical Court, the nobility of the Pontifical
Imperial State, the officials of the Patriarchal Curia, the bishops of
the church, and others so defined by the Prince-Bishop or the
Pontifical Secretariat qualify for diplomatic immunity under the Vienna
Convention on Diplomatic Relations (1961).
This is similar to the status of the Ecumenical Patriarch of
Constantinople, who has no civil territorial sovereignty yet receives
diplomatic recognition and courtesies under the Lausanne Treaty of
1923; the Armenian Apostolic Church, which has a form of diplomatic
status despite not being a sovereign state, and extraterritorial
Catholic orders, such as the Teutonic Order, which historically
exercised sovereign rights while under religious rule. Also, the United
Nations regularly extends diplomatic courtesies to non-state religious
entities, such as the Holy See of Rome’s Permanent Observer Mission and
the recognition of religious NGOs. The URRC engages in international
diplomacy, maintaining official consultative relations within the
United Nations system. While its sovereignty is independent of external
recognition, it operates in the international arena similarly to other
religious sovereign entities, including but not limited to the Holy See
of Rome and SMOM.
The assertion of diplomatic immunity serves not merely as a legal
mechanism but as a canonical safeguard against the persecution of
clergy and officials of the Church by civil authorities. Throughout
history, religious leaders and clergy have been subjected to unjust
prosecution, political retaliation, and coercion by secular governments
seeking to interfere with the mission of the Church. As such,
diplomatic and sovereign immunity ensures that clergy and officials can
fulfill their ecclesiastical and humanitarian duties without fear of
political retribution or civil overreach.
- Functional Immunity (ratione materiae) –
Officials acting within their diplomatic capacity for the URRC are
immune from prosecution related to their official duties.
- Personal Immunity (ratione personae)
– Cardinals, Prelates of the Fiocchetti, members of the Patriarchal
Chapter, Pontifical Nunzios, Pontifical Delegates, Officials of the
First Class, and other designated officials as defined herein, by the
Prince-Bishop, or the Pontifical Secretariat, are entitled to full
diplomatic protection under applicable legal frameworks.
- Canon Law –
Canons 269, 270, 276, 277, and 278 of the Code of Canon Law of the URRC
(2025), or such applicable successor canons, apply universally. Canon
law is recognized historically as a legitimate and binding legal system
within ecclesiastical structures. The URRC's canonical authority
derives from the same tradition that established the legal foundations
of other Catholic and Orthodox Churches. As such, URRC canon law
governs all internal matters and is binding upon its clergy, officials,
and adherents, independent of secular recognition.
- Universality
– All
immunities name herein and otherwise applicable apply
universally, even in cases when an official of any kind of the URRC may
be a citizen of a given civil state.
URRC nunzios and delegates, legates, and accredited diplomatic
personnel should therefore be granted privileges and immunities. And,
while the URRC asserts its inherent sovereign and diplomatic rights,
its clergy and officials are expected to conduct themselves ethically,
with integrity, and in full respect of local customs and laws, insofar
as they do not contradict divine law or the rights of the Church. The
URRC operates in good faith as a responsible and constructive
participant in international religious and diplomatic affairs,
fostering harmony and mutual respect with all states and communities in
which it is present.
V. Select Precedents in Support
- The Holy See of Rome’s
Recognition Despite Non-Territorial Periods – Before
Vatican City was established as a separate entity by the Lateran Treaty
in 1929, the Holy See of Rome exercised
sovereignty without land ownership or territorial sovereignty, but
retained immunity.
- The Sovereign
Military Order of Malta (SMOM) – Recognized
internationally with full diplomatic immunity despite holding no
independent land.
- The Ecumenical
Patriarchate of Constantinople – Exercises religious
sovereignty in Turkey and abroad, with diplomatic protections and
courtesies extended
in certain jurisdictions, such as through, but not limited to, the
Lausanne Treaty of 1923.
- Other
Religious-Political Entities – Various recognized religious
orders and ecclesiastical structures have historically been granted
sovereign and diplomatic status.
- Recognition in General – The
URRC's sovereignty is a matter of fact, not discretion. Just as the
Holy See of Rome remained sovereign before the Lateran Treaty, and the
SMOM operates independently of universal recognition, the URRC’s
apostolic succession, divine mandate, and historical foundations affirm
its sovereign status, regardless of external acknowledgment. However,
the URRC continually seeks positive relations with other Churches,
governments, and institutions, fostering cooperation while maintaining
its independence.
VI. Conclusion & Legal Implications
The URRC’s unique status as a sovereign, non-territorial ecclesiastical
state entitles it to sovereign and state immunity for itself and for
its
Sovereign and Household, and diplomatic immunity for its envoys, as
defined herein, under both canon law
and international legal precedent.
- Legal &
Diplomatic Recognition – The URRC can assert immunity
claims based on historical, religious, and international principles.
- Non-Interference
in Internal Affairs – Foreign courts should not have
jurisdiction over matters concerning URRC governance or ecclesiastical
rulings.
- Protection of
Officials – URRC officials and diplomtic envoys acting in
diplomatic or
ecclesiastical capacities should receive full diplomatic protections
and courtesy.
In
the event that sovereign or diplomatic immunity is challenged by a
civil state, the URRC will always assert its canonical and
international legal rights while pursuing the most prudent course of
action to protect its clergy and officials. While some
states—particularly those hostile to religious sovereignty or to
religion in general—may attempt to disregard these protections, the
URRC shall always uphold its position as a sovereign ecclesiastical
entity. In cases of legal dispute, the URRC shall seek peaceful
resolution through diplomatic engagement, international advocacy, and,
if necessary, canonical adjudication under its own ecclesiastical legal
system. However, any attempts by external authorities to unlawfully
override URRC sovereignty will be treated as an act of ecclesiastical
aggression, to be responded to with appropriate measures within the
bounds of canon law and natural justice.
Given these legal foundations, we affirm the URRC’s inherent sovereign
and diplomatic rights. Recognition by international bodies,
governments, and institutions is a matter of acknowledgment—not
creation—of these rights, which remain inalienable and legally valid.
This is made without prejudice or challenge
to the sovereign status and authority of any civil nation now presently
functioning or so functioning in the future.
19 March A.D. 2025