Pope might be sued in the UK

• Quint

  

  I think this is incredibly fascinating. Lawyers in the UK are examining whether they can sue the pope using a concept of international law known as universal jurisdiction.
  
  It will be interesting to see how this alleged pedophile cover up will play itself out.
  
  http://news.yahoo.com/s/ap/20100404/ap_on_re_eu/eu_britain_pope
• CenterBHSFan

  

  Classic example of putting the horse before the cart.
  
  I suspect that it will/would be pretty hard to prove this without any sort of documentation. Unless it can be convicted on heresay and innuendo.
  
  I just don't know. But it seems to me that planning for a lawsuit before all evidence and/or documentation is gathered displays an eagerness that goes beyond law.
• Quint

  

  That is how pretty much every derivative corporate lawsuit is handled in the US. You can't just ask a CEO suspected of wrong doing for the memo's that prove it, they would never cooperate. You have to initiate the lawsuit then use the laws of discovery to get the documents. With that said, I think it will be very difficult for them to get anything. About the only evidence they will find will be that the churches just move the abusers to other churches instead of addressing the problem. I don't know UK law, but it seems you could still possibly convict the pope on some form of third party agent liability.
• CenterBHSFan

  

  I think it's interesting because... what can England do? The Catholic Church isn't based there, it's in Italy. So... ban the religion from that country? Make various churches pay fines?
  What's the ripple effect then? Cases coming up in other religions? Will all churches pay fines then? Will all churches possibly be banned? Do they just want some sort of acknowledgement - if the cases is proven to have really happened?
• ptown_trojans_1

  

  With my limited knowledge in universal jurisdiction (had two lectures on it in an international law course), I know it is incredibly difficult to prove. Cases trying to tie war crimes to people in Yugoslavia and Africa are insanely difficult.
• jmog

  CenterBHSFan wrote: I think it's interesting because... what can England do? The Catholic Church isn't based there, it's in Italy. So... ban the religion from that country? Make various churches pay fines?
  What's the ripple effect then? Cases coming up in other religions? Will all churches pay fines then? Will all churches possibly be banned? Do they just want some sort of acknowledgement - if the cases is proven to have really happened?

  Actually the Catholic Church isn't based in Italy either.
  
  The Vatican is not under Italian rule, its not even under Rome city rule even though it is completely contained inside of the city of Rome.
  
  The Vatican is its own sovereign city-state, as in its own "country".
  
  It would be like these lawyers suing the United States and/or the President.
• CenterBHSFan

  

  Correct, Jmog.