Pope

=== International position ===
{{Main|List of diplomatic missions of the Holy See}}
Under international law, a serving [[head of state]] has [[sovereign immunity]] from the jurisdiction of the courts of other countries, though not from that of international tribunals.<ref>{{cite web |url=http://www.crimesofwar.org/commentary/the-icc-bashir-and-the-immunity-of-heads-of-state/ |first1=Anthony |last1=Dworkin |first2=Katherine |last2=Iliopoulos |title=The International Criminal Court, Bashir, and the Immunity of Heads of State |publisher=Crimesofwar.org |access-date=11 August 2010 |url-status=dead |archive-url=https://web.archive.org/web/20110809081228/http://www.crimesofwar.org/commentary/the-icc-bashir-and-the-immunity-of-heads-of-state/ |archive-date=9 August 2011}}</ref><ref>{{cite book |url=https://books.google.com/books?id=fZNZ7r4hYL8C |first=Yitiha |last=Simbeye |title=Immunity and International Criminal Law |year=2004 |page=94 |publisher=Ashgate |isbn=9780754624332 |access-date=14 November 2015 |archive-date=28 July 2020 |archive-url=https://web.archive.org/web/20200728141538/https://books.google.com/books?id=fZNZ7r4hYL8C |url-status=live }}</ref> This immunity is sometimes loosely referred to as "[[diplomatic immunity]]", which is, strictly speaking, the immunity enjoyed by the ''diplomatic representatives'' of a head of state.

International law treats the Holy See, essentially the central government of the Catholic Church, as the juridical equal of a state. It is distinct from the state of Vatican City, existing for many centuries before the foundation of the latter. (It is common for publications and news media to use "the Vatican", "Vatican City", and even "Rome" as [[metonym]]s for the Holy See.) Most countries of the world maintain the same form of diplomatic relations with the Holy See that they entertain with other states. Even countries without those diplomatic relations participate in international organizations of which the Holy See is a full member.

It is as head of the state-equivalent worldwide religious jurisdiction of the Holy See (not of the territory of Vatican City) that the [[U.S. Justice Department]] ruled that the pope enjoys head-of-state immunity.<ref>{{cite web |url=http://www.foxnews.com/story/0,2933,169909,00.html |title=U.S. Says Pope Immune From Molestation Lawsuit |publisher=Fox News |date=20 September 2005 |access-date=11 August 2010 |archive-url=https://web.archive.org/web/20110128045143/http://www.foxnews.com/story/0,2933,169909,00.html |archive-date=28 January 2011 |url-status=dead }}</ref> This head-of-state immunity, recognized by the United States, must be distinguished from that envisaged under the United States' [[Foreign Sovereign Immunities Act]] of 1976, which, while recognizing the basic immunity of foreign governments from being sued in American courts, lays down nine exceptions, including commercial activity and actions in the United States by agents or employees of the foreign governments. It was in relation to the latter that, in November 2008, the [[United States Court of Appeals]] in [[Cincinnati]] decided that a case over [[Catholic sex abuse cases|sexual abuse by Catholic priests]] could proceed, provided the plaintiffs could prove that the bishops accused of negligent supervision were acting as employees or agents of the Holy See and were following official Holy See policy.<ref>{{cite web |last=Allen |first=John L. |url=http://ncronline.org/news/autonomy-bishops-and-suing-vatican |title=The autonomy of bishops, and suing the Vatican |work=National Catholic Review |date=21 May 2010 |access-date=23 May 2010 |archive-date=24 May 2010 |archive-url=https://web.archive.org/web/20100524063006/http://ncronline.org/news/autonomy-bishops-and-suing-vatican |url-status=live }}</ref><ref>{{cite web |url=http://www.sexualabuseclaimsblog.com/2008/11/vatican_can_be_sued_for_priest_sexual_abuse_us_court_of_appeals.html |title=Vatican Can Be Sued For Priest Sexual Abuse: U.S. Court of Appeals |archive-url=https://web.archive.org/web/20160822014429/http://www.sexualabuseclaimsblog.com/2008/11/vatican_can_be_sued_for_priest_sexual_abuse_us_court_of_appeals.html |archive-date=22 August 2016 |date=27 November 2008 |first=John |last=McKiggan |publisher=McKiggan Hebert Lawyers |work=Sexual Abuse Claims Blog}}</ref><ref>{{cite news|last=Winfield|first=Nicole|title=Vatican offers 3 reasons it's not liable in U.S. abuse case|url=http://usatoday30.usatoday.com/news/religion/2010-03-30-catholic-abuse_N.htm|access-date=15 April 2013|newspaper=USA Today|date=30 March 2010|archive-date=13 April 2013|archive-url=https://web.archive.org/web/20130413232009/http://usatoday30.usatoday.com/news/religion/2010-03-30-catholic-abuse_N.htm|url-status=live}}</ref>

In April 2010, there was press coverage in Britain concerning a proposed plan by [[atheist]] campaigners and a prominent [[barrister]]{{who|date=July 2020}} to have Pope Benedict XVI arrested and prosecuted in the UK for alleged offences, dating from several decades before, in failing to take appropriate action regarding Catholic sex abuse cases and concerning their disputing his immunity from prosecution in that country.<ref>{{cite news |last=Horne |first=Mark |title=Richard Dawkins calls for arrest of Pope Benedict XVI |url=http://old.richarddawkins.net/articles/5415 |work=The Times |location=London |access-date=15 April 2013 |date=10 April 2010 |url-status=dead |archive-url=https://web.archive.org/web/20140423111338/http://old.richarddawkins.net/articles/5415 |archive-date=23 April 2014 |via=Richard Dawkins}}</ref> This was generally dismissed as "unrealistic and spurious".<ref>{{cite news |last=Roberts |first=Ivor |title=Is the Holy See above the law? |url=http://www.thetimes.co.uk/tto/news/article2475567.ece |access-date=15 April 2013 |newspaper=The Times |date=13 April 2010 |location=London |url-access=subscription |archive-date=23 February 2015 |archive-url=https://web.archive.org/web/20150223011623/http://www.thetimes.co.uk/tto/news/article2475567.ece |url-status=live }}</ref> Another barrister said that it was a "matter of embarrassment that a senior British lawyer would want to allow himself to be associated with such a silly idea".<ref name=Zenit>{{cite news |agency=[[Zenit News Agency]] |date=15 April 2010 |url=http://zenit.org/article-28914?l=english |title=Arrest the Pope? |archive-url=https://web.archive.org/web/20100420025614/http://www.zenit.org/article-28914?l=english |archive-date=20 April 2010 |first=Edward |last=Pentin}}</ref>

Sovereign immunity does not apply to disputes relating to commercial transactions, and governmental units of the Holy See can face trial in foreign commercial courts. The first such trial to take place in the English courts is likely to occur in 2022 or 2023.<ref name=telegraph-20220806>{{cite news |url=https://www.telegraph.co.uk/world-news/2022/08/06/vaticans-124m-property-case-heard-uk-trial-century/ |title=Vatican's £124m property case to be heard in UK in 'trial of the century' |last=Hymas |first=Charles |newspaper=The Daily Telegraph |url-access=limited |date=6 August 2022 |access-date=8 August 2022 |archive-date=8 August 2022 |archive-url=https://web.archive.org/web/20220808002346/https://www.telegraph.co.uk/world-news/2022/08/06/vaticans-124m-property-case-heard-uk-trial-century/ |url-status=live }}</ref><ref name=littletonchambers-20220726>{{cite web |url=https://littletonchambers.com/court-of-appeal-sets-aside-stay-of-proceedings-in-vatican-london-property-dispute/ |title=Court of Appeal sets aside stay of proceedings in Vatican London property dispute |website=Littleton Chambers |date=26 July 2022 |access-date=8 August 2022 |archive-date=13 August 2022 |archive-url=https://web.archive.org/web/20220813002807/https://littletonchambers.com/court-of-appeal-sets-aside-stay-of-proceedings-in-vatican-london-property-dispute/ |url-status=live }}</ref>