Sovereign Military Order of Malta

[Tracy Riddle]

An interesting blog I just found:

http://moversandshakersofthesmom.blogspo...ulles.html

[Magda Hassan]

Hey, nice find Tracy! All the usual suspects are there and our own David Guyatt is referenced and a source too.

[Lauren Johnson]

Here are some links from the Way Back Machine to SMOM.

https://deeppoliticsforum.com/forums/sho...#post51136

https://deeppoliticsforum.com/forums/sho...8NM_7GorfM

https://deeppoliticsforum.com/forums/sho...8NRubGorfM

https://deeppoliticsforum.com/forums/sho...and-crowds

https://deeppoliticsforum.com/forums/sho...#post14783

https://deeppoliticsforum.com/forums/sho...a#post7175

[Peter Lemkin]

Somewhere on this Forum is another thread on the Knights of Malta...we should locate it and either link to or combine them.

[Magda Hassan]

Might be in the General Vernon Walter's thread. Nathaniel Heidenheimer started it.

[Peter Lemkin]

The Knights of Malta are a very strange entity. They are regarded as a sovereign 'entity' in many international organizations - though they have no territory of their own [they once did, but lost it many hundreds of years ago]. They have embassies and such [the one here where I live is HUGE - as large as those of Russia, the USA]. During WWII there were decidedly pro-Nazi, and aided in the movement of Nazis after the War too. While they do do some charity work around the World, they seem to also do other things not so beneficent. While often listed with secret societies, they are in a category by themselves, IMO, as the others do not have this sovereignty status nor embassies.

[Peter Lemkin]

The Sovereign Order of Malta is a sovereign subject of international law. The Order which is based in Rome, in via Condotti has its own Government, an independent magistracy, bilateral diplomatic relations with 104 countries and is granted the status of Permanent Observer in many international organisations, such as the United Nations. Its operational activities are managed by the six Grand Priories, six Subpriories and 47 National Associations of Knights in the five continents. The Order issues its own passports and stamps and creates public institutions, endowed with independent juridical personality. Order's life is governed by the Constitution and the Code, reformed in 1997.
The Grand Master governs the Order both as sovereign and religious head. He is elected for life, within the professed knights in perpetual vows. He is assisted by and presides over the Sovereign Council, which is composed of four high offices Grand Commander, Grand Chancellor, Grand Hospitaller, and Receiver of the Common Treasure as well as six other members, all elected by the Order's Chapter General for a five-year term. The Council of Government and the Board of Auditors, whose compositions reflect the international character of the Order, assist the Grand Master and the Sovereign Council. The Chapter General also elects these two bodies for a five-year term.
The legal system of the Order is expressed by the usual division into three powers:
Legislative power

Rests with the Grand Master and Sovereign Council for non-constitutional matters; with the Chapter General, representing the Supreme Assembly of Knights, as far as constitutional rules are concerned.
Executive power

Rests with the Sovereign Council, chaired by the Grand Master and composed of ten Knights elected by the Chapter General.
Judicial power

It is exercised by the Magistral Courts of First Instance and of Appeal, composed of judges appointed by the Grand Master and the Sovereign Council from Order members of legal expertise. Rests with the Grand Master and Sovereign Council for non-constitutional matters; with the Chapter General, representing the Supreme Assembly of Knights, as far as constitutional rules are concerned.


Mission of the Order

The Order of St John of Jerusalem is one of the oldest institutions of Western and Christian civilization. Present in Palestine in around 1050, it is a lay religious Order, traditionally of military, chivalrous, noble nature. Its 13,500 members include Professed Friars and others who have made the promise of obedience. The other Knights and Dames are lay members, devoted to the exercise of Christian virtue and charity. What distinguishes the Knights of Malta is their commitment to reaching their spiritual perfection within the Church and to expending their energies serving the poor and the sick.
The Order of Malta remains true to its inspiring principles, summarised in the motto "Tuitio Fidei et Obsequium Pauperum", nurturing, witnessing and protecting the faith and serving the poor and the sick representing the Lord, which become reality through the voluntary work carried out by Dames and Knights in humanitarian assistance and medical and social activities. Today the Order carries out these activities in over 120 countries.
Characteristics of the Order

The Sovereign Order of Malta is a sovereign subject of international law, with its own constitution, passports, stamps, and public institutions. The 79th Grand Master, Fra' Matthew Festing, was elected Head of the Order for life on March 11th 2008. The Order has diplomatic relations with 104 countries many of which non-Catholic and missions to major European countries, as well as to European and international organisations. The Order of Malta is neutral, impartial and non-political, which is why it can successfully act as a mediator between States.
The Order and the Republic of Malta

The Order has recently returned to Malta, after signing an agreement with the Maltese Government which granted the Order the exclusive use of Fort St. Angelo for a term of 99 years. Located in the town of Birgu, the Fort belonged to the Knights from 1530 until the island was occupied by Napoleon in 1798. Today, after restoration, the Fort hosts historical and cultural activities related to the Order of Malta.

Number of full citizens: 3

International status[edit]

See also: Foreign relations of the Sovereign Military Order of Malta, List of Permanent Observers of the Sovereign Military Order of Malta to the United Nations, List of diplomatic missions of the Sovereign Military Order of Malta and List of diplomatic missions to the Sovereign Military Order of Malta
With its unique history and unusual present circumstances, the exact status of the Order in international law has been the subject of debate. It describes itself as a "sovereign subject of international law." Its two headquarters in Rome the Palazzo Malta in Via di Condotti 68, where the Grand Master resides and Government Bodies meet, and the Villa del Priorato di Malta on the Aventine, which hosts the Grand Priory of Rome Fort Saint Angelo on the island of Malta, the Embassy of the Order to Holy See and the Embassy of the Order to Italy have all been granted extraterritoriality.[SUP][21][/SUP]

Coat of arms of the Knights of Malta,
from the façade of the church of San Giovannino dei Cavalieri,Florence.

Unlike the Holy See, however, which is sovereign over Vatican City and thus has clear territorial separation of its sovereign area and that of Italy, SMOM has had no territory since the loss of the island of Malta in 1798, other than only those current properties with extraterritoriality listed above. Italy recognizes, in addition to extraterritoriality, the exercise by SMOM of all the prerogatives of sovereignty in its headquarters. Therefore, Italian sovereignty and SMOM sovereignty uniquely coexist without overlapping.[SUP][22][/SUP] The United Nations does not classify it as a "non-member state" or "intergovernmental organization" but as one of the "other entities having received a standing invitation to participate as observers."[SUP][23][/SUP] For instance, while the International Telecommunication Union has granted radio identification prefixes to such quasi-sovereign jurisdictions as the United Nations and the Palestinian Authority, SMOM has never received one. For awards purposes, amateur radio operators consider SMOM to be a separate "entity", but stations transmitting from there use an entirely unofficial callsign, starting with the prefix "1A".[SUP][24][/SUP] Likewise, for internet identification, the SMOM has neither sought nor been granted a top-level domain, while Vatican City uses its own domain (.va).[SUP][25][/SUP]
There are differing opinions as to whether a claim to sovereign status has been recognized. Ian Brownlie, Helmut Steinberger, and Wilhelm Wengler are among experts who say that the claim has not been recognized. Even taking into account the Order's ambassadorial diplomatic status among many nations, a claim to sovereign status is sometimes rejected.[SUP][26][/SUP] The Order maintains diplomatic missions around the world and many of the states reciprocate by accrediting ambassadors to the Order.

Vehicle registration plate of the Order, as seen in Rome.

Wenglera German professor of international lawaddresses this point in his book Völkerrecht, and rejects the notion that recognition of the Order by some states can make it a subject of international law. Conversely, professor Rebecca Wallace writing more recently in her book International Lawexplains that a sovereign entity does not have to be a country, and that SMOM is an example of this.[SUP][27][/SUP] This position appears to be supported by the number of nations extending diplomatic relations to the Order, which more than doubled from 49 to 100 in the 20-year period to 2008.[SUP][28][/SUP] In 1953, the Holy See proclaimed that the Order of Malta was a "functional sovereignty"[SUP][citation needed][/SUP] because it did not have all that pertained to sovereignty, such as territory.[SUP][citation needed][/SUP] On 24 June 1961, Pope John XXIII approved the Constitutional Charter, which contains the most solemn reaffirmations of the sovereignty of the Order. Article 1 affirms that "the Order is a legal entity formally approved by the Holy See. It has the quality of a subject of international law." Article 3 states that "the intimate connection existing between the two qualities of a religious order and a sovereign order do not oppose the autonomy of the order in the exercise of its sovereignty and prerogatives inherent to it as a subject of international law in relation to States."[SUP][29][/SUP]
SMOM has formal diplomatic relations with 104 states[SUP][30][/SUP] and has official relations with another six countries and the European Union. Additionally it has relations with the International Committee of the Red Cross and a number of international organizations, including observer status at the UN and some of the specialized agencies.[SUP][31][/SUP] Its international nature is useful in enabling it to pursue its humanitarian activities without being seen as an operative of any particular nation. Its sovereignty is also expressed in the issuance of passports, licence plates,[SUP][32][/SUP] stamps,[SUP][33][/SUP] and coins.[SUP][34][/SUP]

SMOM foreign relations

diplomatic relations

other relations

The SMOM coins are appreciated more for their subject matter than for their use as currency; SMOM postage stamps, however, have been gaining acceptance among Universal Postal Union member nations.
The SMOM began issuing euro-denominated postage stamps in 2005, although the scudo remains the official currency of the SMOM. Also in 2005, the Italian post agreed with the SMOM to deliver internationally most classes of mail other than registered, insured, and special-delivery mail; additionally 56 countries recognize SMOM stamps for franking purposes, including those such as Canada and Mongolia that lack diplomatic relations with the Order.[SUP][35][/SUP]

Governance[edit]

Flags of Knights Hospitaller in St. Peter's Castle, Bodrum, Turkey.
Left to right:Fabrizio Carretto (15131514);
Amaury d'Amboise (15031512);
Pierre d'Aubusson (14761503);
Jacques de Milly (14541451).

The proceedings of the Order are governed by its Constitutional Charter and the Order's Code. It is divided internationally into six territorial Grand Priories, six Sub-Priories and 47 national associations.
The supreme head of the Order is the Grand Master, who is elected for life by the Council Complete of State, holds the precedence of a cardinal of the Church since 1630 and received the rank of Reichsfürst (Prince of the Holy Roman Empire) in 1607.[SUP][36][/SUP][SUP][37][/SUP] Fra' Matthew Festing was elected by the Council as 79th Grand Master on 11 March 2008, succeeding Fra' Andrew Bertie, who was Grand Master until his death on 7 February 2008. Electors in the Council include the members of the Sovereign Council, other office-holders and representatives of the members of the Order. The Grand Master is aided by the Sovereign Council (the government of the Order), which is elected by the Chapter General, the legislative body of the Order. The Chapter General meets every five years; at each meeting, all seats of the Sovereign Council are up for election. The Sovereign Council includes six members and four High Officers: the Grand Commander, the Grand Chancellor, the Grand Hospitaller[SUP][38][/SUP] and the Receiver of the Common Treasure.[SUP][39][/SUP] The Grand Commander is the chief religious officer of the Order and serves as "Interim Lieutenant" during a vacancy in the office of Grand Master. The Grand Chancellor, whose office includes those of the Ministry of the Interior and Ministry of Foreign Affairs, is the head of the executive branch; he is responsible for the Diplomatic Missions of the Order and relations with the national Associations. The Grand Hospitaller's responsibilities include the offices of Minister for Humanitarian Action and Minister for International Cooperation; he coordinates the Order's humanitarian and charitable activities. Finally, the Receiver of the Common Treasure is the Minister of Finance and Budget; he directs the administration of the finances and property of the Order.