Identifier
Created
Classification
Origin
05VATICAN450
2005-02-25 16:30:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Vatican
Cable title:  

VATICAN GRAPPLES WITH UNCERTAINTIES OF AN INCAPACITATED

Tags:  PREL PGOV PINR SOCI VT 
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UNCLAS VATICAN 000450 

SIPDIS


SENSITIVE

DEPT. FOR EUR/WE (LEVIN)

E.O. 12958: N/A
TAGS: PREL PGOV PINR SOCI VT
SUBJECT: VATICAN GRAPPLES WITH UNCERTAINTIES OF AN INCAPACITATED
POPE

REF: VATICAN 0380

-------
Summary
-------

UNCLAS VATICAN 000450

SIPDIS


SENSITIVE

DEPT. FOR EUR/WE (LEVIN)

E.O. 12958: N/A
TAGS: PREL PGOV PINR SOCI VT
SUBJECT: VATICAN GRAPPLES WITH UNCERTAINTIES OF AN INCAPACITATED
POPE

REF: VATICAN 0380

--------------
Summary
--------------


1. (SBU) Pope John Paul II's February 24 tracheotomy will leave
the already frail Pope further debilitated and unable to speak
for some period of time. His deteriorating condition has
already generated extensive media speculation about the
possibility of a Papal resignation and the impact of severely
restricted Papal activity on the Catholic Church. Although
provisions exist in Church law for the Pope to resign, there is
little chance of Pope John Paul II doing so. Less clear is what
happens if a pope loses the ability to communicate or loses his
mental faculties. Some provisions exist in Church law to deal
with a pope's total incapacity to fulfill his duties, but the
provisions are either ambiguous or secret. There is also
speculation that Pope John Paul may have written a letter of
resignation to take effect in the event of total incapacity. If
Church law does not resolve the issue, and there is no Papal
letter of resignation, Church government would continue to
function, guided by top-ranking Curial officials and perhaps by
the Pope's closest advisors. End summary.

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Retirement Possible but Unlikely
--------------


2. (SBU) In the aftermath of the Pope's second hospitalization
in three weeks, the 84-year old pontiff's infirmities are a
growing cause for concern among senior Vatican officials and the
Church's 1.2 billion faithful. The Catholic Church's canon law
makes provision for papal retirement: he must do so freely and
the decision must "be duly manifest," made either in writing or
orally before two witnesses. There is no need for any person or
office to accept the resignation, though it would be "tendered"
to the College of Cardinals. Throughout the Catholic Church's
history, resignation by a pope is rare, but not unknown, having
occurred five times in the Church's early history. Celestine V
in 1294 resigned after a few months as bishop of Rome -- for
this "great refusal" Dante placed Celestine in the vestibule of
his Inferno.


3. (SBU) Despite this theoretical possibility, there is little
chance of Pope John Paul II making use of these provisions. He

has made it clear that he does not intend to resign, most
recently during his prayer encounter with pilgrims and visitors
to Vatican City after his first hospitalization on February 13.
"I need your help to continue to carry out the mission that
Jesus has entrusted to me," he insisted. Previously the Pope
has said that there is no place in the Church for an emeritus
pope and that he will soldier on "for as long as God wishes."
While it is conceivable that a man of intense spirituality like
Pope John Paul II might consider an inability to exercise his
ministry because of illness or infirmity a sign that God no
longer wished him to continue as pope, those who know him best
insist that he regards the papacy not as a job, but a mission
assigned by God that only God can conclude.

--------------
Papal Incapacity
--------------


4. (SBU) Beyond the issue of resignation, experts in
ecclesiastical law have begun to examine more urgently the
question of a pope's inability to exercise his office. This
situation is also dealt with specifically in canon law and is
comparable to any lower-level episcopal "see" or diocese in
which the bishop is unable to carry out his duties. It is
essential to recall that the pope is first and foremost the
bishop of Rome -- his primary title in the Vatican's official
directory. It is because he is bishop of Rome that he is pope,
and not the other way around. If a bishop is unable to exercise
his episcopal authority, then canon law describes his see as
"impeded." A diocese is impeded if the bishop is captured,
exiled or incapable, and he is therefore prevented from
fulfilling his duties and communicating with the people of his
diocese. Anticipating such a situation during World War II,
Pope Pius XII, who thought he might be the subject of a German
plan to kidnap him, prepared a letter of resignation to become
effective in the event of his capture. The Pope is said to have
reasoned that in German hands he would no longer be Pius XII,
but merely his pre-papal self, Cardinal Eugenio Pacelli.


5. (SBU) Canon law prescribes a series of provisions to resolve
an impeded see, including deputies or other officials
temporarily taking office until the bishop is able to reassume
his duties, or until a new bishop is appointed. A similar law
applies to the Roman see or diocese -- the diocese of the pope.
During the time of the impeded Roman see (most often the


inter-regnum after the death of a pontiff) "nothing is to be
innovated in the governance of the universal Church; however,
special laws enacted for these circumstances are to be
observed." The "special laws" currently in place relate to the
election of a new pope on the death of the incumbent (reftel).
They do not, however, address what is sure to be a complex issue
of an impeded Roman see when a pope might fall into a coma or
other total disability, lose mental capacity, or be otherwise
physically or mentally incapacitated from either exercising his
office or resigning. Furthermore, there is no provision that
lays out who is to judge if a pope or bishop is truly
incapacitated. As many reformers have noted, these represent
serious vacuums in canon law.


6. (SBU) One possible explanation of the "special laws" referred
to above is that they have been drawn up secretly and address
the issue of an impeded Roman see more specifically. Since
ecclesiastical protocol precludes any serious public discussion
about papal succession when the incumbent is still
"gloriosamente regnante" (gloriously reigning),there would be
no opportunity to review these rules publicly in any case.
Another possibility frequently mentioned is that the Pontiff has
anticipated the eventuality of his total incapacity to govern
the Church by preparing a letter of resignation. This would
likely be held either by the Secretary of State, Cardinal Angelo
Sodano, or the Pope's personal secretary of some 40 years,
Archbishop Stanislaw Dziwisz, and would be made public should
the eventuality occur. Pope John Paul II's sense of
responsibility and his practical nature make such a provision
entirely plausible despite his determination to soldier on to
the end.

--------------
Comment
--------------


7. (SBU) Despite the Pope's increasing frailty and difficulties
in personally communicating his message to the faithful, no one
has suggested that the Pope is unable to communicate his
direction for the Church. As long as the Pope is able to
communicate, by writing, body language, or voice, the Vatican
will continue functioning effectively, albeit with a more
complicated public profile. When the Pope was hospitalized
earlier this month, the Holy See continued to function with
little discernable drop in activity. Even if the Pope were to
become incapacitated and the issue of what to do in case of
incapacitation were not resolved by Church law or a Papal letter
of resignation, Church government would continue to function,
guided by top-ranking Curial officials and perhaps by the Pope's
closest advisors. In such a circumstance, however, the Vatican
would effectively be on an autopilot that would severely limit
any new policy or theological directions within the Holy See.
It is this case that has many in the Vatican worried, and is
likely to be examined more critically in the future.

HARDT

NNNN

2005VATICA00450 - Classification: UNCLASSIFIED