US embassy cable - 05VATICAN450

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 
 
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Summary 
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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 
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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. 
 
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Papal Incapacity 
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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. 
 
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Comment 
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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 
 
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 2005VATICA00450 - Classification: UNCLASSIFIED