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The Case of the Pope: Vatican Accountability for Human Rights Abuse Paperback – 8 Sept. 2010

by Geoffrey Robertson QC (Author)

83

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In The Case of the Pope Geoffrey Robertson QC delivers a devastating indictment of the way the Vatican has run a secret legal system that shields paedophile priests from criminal trial around the world.

Is the Pope morally or legally responsible for the negligence that has allowed so many terrible crimes to go unpunished? Should he and his seat of power, the Holy See, continue to enjoy an immunity that places them above the law?

Geoffrey Robertson QC, a distinguished human rights lawyer and judge, evinces a deep respect for the good works of Catholics and their church. But, he argues, unless Pope Benedict XVI can divest himself of the beguilements of statehood and devotion to obsolescent canon law, the Vatican will remain a serious enemy to the advance of human rights.

'Robertson is an adept QC and this is a devastating case'
Daily Telegraph

'Combines moral passion with steely forensic precision ... It is one of the most formidable demolition jobs one could imagine on a man who has done more to discredit the cause of religion than Rasputin and Pat Robertson put together'
Terry Eagleton, Guardian

'Forceful, wide-ranging'
The Tablet

'Robertson has not become a successful lawyer by muddling his arguments and distorting his facts ... He writes clearly, at times passionately, as counsel for the prosecution'
John Lloyd, Financial Times

Geoffrey Robertson QC is founder and head of Doughty Street Chambers, the largest human rights practice in the UK. In 2008, he was appointed as a distinguished jurist member of the UN Justice Council. His books include Crimes Against Humanity: The Struggle for Global Justice, a memoir, The Justice Game and The Tyrannicide Brief, an award winning study of the trial of Charles I.

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Print length

228 pages
Language

English
Publisher

Penguin
Publication date

8 Sept. 2010
Dimensions

1.91 x 13.34 x 20.32 cm
ISBN-10

0241953847
ISBN-13

978-0241953846
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Review

A challenge no thoughtful Catholic can ignore -- Helena Kennedy

An utterly brilliant, brave, and oh-so-timely book ... It puts Ratzinger squarely in the frame -- Lisa Appignanesi

Geoffrey Robertson is a brilliant lawyer and it shows. The clear light of his style - painstaking, thorough, dispassionate - throws into cruel relief the truth from which the Pope cannot hide -- Richard Dawkins

He writes clearly, at times passionately, as counsel for the prosecution. It works ... touches believers and non-believers alike -- John Lloyd ― Financial Times

Devastating ... a book that combines moral passion with steely forensic precision, enlivened with the odd flash of dry wit. With admirable judiciousness, it even finds it in its heart to praise the charitable work of the Catholic church, as well as reminding us that paedophiles (whom Robertson has defended in court) can be kindly men. It is one of the most formidable demolition jobs one could imagine on a man who has done more to discredit the cause of religion than Rasputin and Pat Robertson put together -- Terry Eagleton ― Guardian

About the Author

Geoffrey Robertson QC is founder and head of Doughty Street Chambers, the largest human rights practice in the UK. He has appeared in the courts of many countries as counsel in leading cases in constitutional, criminal and international law and served as the first President of the UN War Crimes Court in Sierra Leone, where he authored a landmark decision on the illegality of recruiting child soldiers. He defended in the last two cases brought for blasphemy in Britain (against Salman Rushdie and Gay News), represented Catholic lawyers and youth workers detained without trial by Lee Kwan Yew and was counsel in Bowman v United Kingdom, which established the right of Catholics to campaign effectively against abortion laws during elections. He sits as a recorder and as a master of Middle Temple and a visiting professor of human rights law at Queen Mary College. In 2008, he was appointed as a distinguished jurist member of the UN Justice Council. His books include Crimes Against Humanity: The Struggle for Global Justice, a memoir, The Justice Game and The Tyrannicide Brief, an award winning study of the trial of Charles I.

Product details

Publisher ‏ : ‎ Penguin (8 Sept. 2010)
Language ‏ : ‎ English
Paperback ‏ : ‎ 228 pages
ISBN-10 ‏ : ‎ 0241953847
ISBN-13 ‏ : ‎ 978-0241953846
Dimensions ‏ : ‎ 1.91 x 13.34 x 20.32 cm

Best Sellers Rank: 299,156 in Books (See Top 100 in Books)
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- 4,381 in Religious Studies (Books)

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Richard Vernon

Should the Pope be put on trial?

Reviewed in the United Kingdom on 12 September 2010

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This book investigates the legal, political, social and religious issues surrounding the possibility of putting the Pope on trial for crimes against humanity, for his involvement in the child sex abuse scandal that has hit the Catholic church in recent years. The author is one of the world's top Human Rights lawyers with a vast experience of International Law.

To help you understand this review more fully, I will here publicly 'out' myself as having been a victim of child sex abuse, though in my case it was fairly mild, committed by a female relative, and had nothing to do with religion.

The main issue is this: that Cardinal Ratzinger, now Pope Benedict, knew all about the extent and nature of the abuses being committed by Catholic priests, and not only did nothing to stop it, but actively covered it up, moving offenders from parish to parish where they would be free to offend again, and actively prevented the involvement of law enforcement officers throughout the world. This, it is said, amounts to crimes against humanity.

Before reading this book I didn't think that putting him on trial was a good idea, and highly unlikely to even be possible, but there is a large amount of evidence presented here (though thankfully no prurient details of victim's statements), and I for one am now convinced that it is not only just, but absolutely vital that the Pope should be put on trial.Indeed, judging from the evidence of his collusion in these crimes, I can't help thinking that a trial and imprisonment should be the least of his worries, for if there really IS a Heaven and Hell, he'll surely fry forever in the latter. But read this book carefully, especially the appendices at the back, which contain a number of documents written or approved by Mr. Ratzinger, including one as recent as July 2010, and make your own mind up.

There is one area where I disagree with the author: there are a number of claims such as "There can be no doubt that Benedict is sincere in his abomination of priests who abuse children' and 'He is genuine, too, in his apologies to victims, however stage-managed these events have become'.. I have to disagree. I now regard him as a truly evil man, with no regard whatever for the well-being of children. He isn't stupid, he knew what he was doing, and I can see no excuse whatever for him. And this is someone who wants the rest of the world to regard him as being the ultimate judge of morality???

If you wish to dismiss this as an anti-Catholic rant you are of course free to do so, but before you do I would ask you to consider these points:
1. You are most probably not the victim of child sex abuse. I am.
2. You are most probably a parent, a privilege that has been denied to me.
3. If ever any of your sons are raped by a priest, please don't complain to me.
Richard Vernon

54 people found this helpful

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W. Scott

Should not this church be dissolved since it offends the laws of the country?

Reviewed in the United Kingdom on 25 July 2014

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A very comprehensive and convincing revelation of the RC Church's defence of its 'good name' by the routine telling of lies and refusal to submit their errant priesthood to the justice of the state. That a succession of popes and cardinals have allowed paedophile priests to continue their practices by moving them from trouble spots to fresh pastures without warning parents there so that some of them commit hundreds of sex crimes resulting in the destruction of innocent lives is an indictment of a church devoid of moral authority.
The priest should exist to care for his flock and enhance their lives. The Church has never wanted to do anything to help its victims, only to protect its abusive priests. Only the gullibility of the public, the secrecy and deceit at the heart of the Vatican and the threat of excommunication has made possible many years of behaviour which is disgraceful.
Clearly, this is a case for the abolition of the Catholic Church. Its phenomenal assets should be sold off and distributed among the poor. It is what Jesus would have wanted. The Church is rich in everything except decency to its flock.
We see now, I suggest, why Cardinal Ratzinger (Pope Benedict) should have resigned recently, an unprecedented event: what damage to the Vatican would have occurred had he been indicted (as Geoffrey Robertson QC has demonstrated) as a suitable case for the International Law Courts, as if he were a common criminal which is what the evidence tells us he has been for many years.
All the respect we have ever had for the Pontiffs has been reduced to ashes. It was all an act. Wojtyla was just an actor. The only Pope worth anything was Albino Luciani, John Paul I. And he was murdered because of it.
The above is a case for banning this church in the UK. Any church which habitually and routinely breaks the laws of the country has no right to exist within it. Worse, it has ruined millions of lives down the ages by paedophilia and abuse in other forms. ie it has done the exact opposite of what its ideology proclaims. But how can its systems be changed overnight? It is supposed to exist to aid the poor. All it has ever done is aid the priests, many of them actively criminal and many others willing to overlook their wrongdoing.
Having said which, there are doubtless in and within that church many people who are decent, moral and upright. They have a duty to see that it is different. They must assert their moral outrage and they must succeed. If there are not major changes to the Vatican we will know everything is the same as before.

5 people found this helpful

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Des Howell

When looked at against its responsibilities under some of the conventions it has signed up to and its poor record as well as its

Reviewed in the United Kingdom on 23 May 2016

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An interesting and thorough review of the status and possible accountability of the Vatican with particular reference to the world-wide allegations and instances of child abuse by priests and the cover ups by the Vatican and its servants. As always with Geoffrey Robertson he doesn't rest with one clear cut piece of evidence but tends to cover every instance which can make the text a little heavy at times. The breakdown of the book into numbered paragraphs is a little odd but doesn't get noticed after a while.

His analysis of the status of the Vatican and its perceived statehood is particularly interesting. When looked at against its responsibilities under some of the conventions it has signed up to and its poor record as well as its influence in international fora it sheds new light on the organisation that is well worth studying. The book is clearly dated before the present Pope's accession and his predecessor's resignation. It would be nice to see Mr. Robertson's views on the current Pope.

One person found this helpful

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John Sheldon

An important and compelling messages but poorly written

Reviewed in the United Kingdom on 21 September 2018

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This is an important book. Its key messages are compelling and credible. but it would have benefitted from a really tough editor. It's highly repetitive, full of minor contradictions/inaccuracies and his arguments get muddled when he tries to cram in too many strands or themes that he has already covered. The numbering of the paragraphs is mildly irritating and doesn't help the flow or the author to focus. A manifestly rushed polemic, albeit one that contains a damming and wholly convincing indictment.

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margaret best

the jury is in

Reviewed in Italy on 10 February 2015

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Ive read both sides of the story. This is a well put case and although it helps to have a little legal nouse to come to grips with the arguments one would have to be a one eyed fanatic not to see that things in the vatican and holy see must change before they self destruct. I recommend this book to anyone willing to take the elimination of child sex abuse within the church as a necessity, and anyone who believes in the justness of the human rights of every individual.

Memento

Suffer the little children to come unto me

Reviewed in the United States on 25 October 2010

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Do not read his book if you suffer from moral nausea or ethical indignation. You will be sick for weeks, and probably for much longer.

Australian-born Geoffrey Robertson is a notable human rights lawyer and judge based in London. In his book he asks a simple question: to what extent is the Roman Catholic Church, and its head, the Pope, legally accountable for child abuse committed by its priests? He answers the question in a sustained forensic analysis that is devastating in its clarity, facts, even-handedness and focus. In the style of a legal brief, he writes in numbered paragraphs. There are 245 of them. They grip one by the throat as one reads.

Based on extant data and reasonable inference, it can be calculated that over 100,000 young people, from children to teenagers, overwhelmingly but not exclusively boys, have been molested in the Catholic Church over the past thirty years (to go back no further). It was during this period that Joseph Ratzinger, first as a Cardinal and Prefect of the Congregation for the Doctrine of the Faith-he was appointed in 1983-and then, from 2005, as Pope Benedict, had as much influence over the rules monitoring priestly conduct as anyone else in the Catholic hierarchy. Why have so few priests been prosecuted? Why does the Catholic Church, with its enormous resources of power and influence, continue in these matters to resist any accountability to national and international law?

The answer is that it does not feel it is accountable to any laws but its own, that is Canon Law. It asserts this right by reference to its role as an independent state, established in the 1929 Lateran Treaty it made with Mussolini. Robertson demolishes this claim to statehood by measuring the identity of the Vatican against the legal norm of what constitutes a state as laid out in the 1933 Montevideo Convention on Rights and Duties of States. The claims of the Vatican to statehood, with their specious legalisms, confusions, and contradictions, would simply be comic if they were not so consequential, and if so many nations throughout the world, for their own self-interested motives, did not accept the Vatican at its own estimate.

Robertson stresses two elements in Catholic Canon Law by which, and solely by which, the Catholic Church is guided in its handling of pedophile priests. First, complete secrecy, or, to give it its full ring, "Pontifical secrecy." Absolutely nothing that is said or written in the course of an investigation into one of its own can ever be released outside the church. Secrecy is as binding in the Church as omerta is in the mafia. Both kill those who break this rule, the mafia physically by murder, the Church spiritually through excommunication.

Second, within their own institution, erring priests pay no civil, punitive or retributive penalty for their wrong-doing. There is little provision for such within Canon Law. There might be penance and prayer, but there will always be-and this is stressed strongly-forgiveness for them. Laicization (defrocking) is a possibility, but that is so rare as to be almost non-existent. Typically, pedophile priests are moved to other locations within the church, where, such is the secrecy surrounding their offenses and the willful laxness of oversight, they will almost certainly molest once more . This, Robertson shows, has happened again and again and again. One of the more egregious maneuvers has been for the Church to ship these priest off to Africa, where there will be far less chance of their recidivism being reported. Meanwhile, the Church does nothing for the young victims or their families.

Of course, in recent years the lid as been blown off this vile, obsessively guarded secret in the Church. Scarcely a month passes without one more case of a priest being arraigned in civil court for child molestation. Whole nations-notably the USA, Ireland, Belgium and Germany-have been staggered by the extent of the abuse. Inevitably more nations stand to be rocked by similar revelations. The Catholic Church has paid out millions in damages. It is learning the lesson that cover-up is often more damaging than the crime. Or is it learning? Robertson would say no. Nothing Ratzinger has done or said shows any yielding on the principle of Pontifical secrecy or the primacy of Canon Law. This means that effectively officers of the Church are under no obligation to obey civil law and report cases of criminal child abuse to the civil authorities. Indeed, they are encouraged to conceal any evidence they have. It was on the suspicion that Belgian Church authorities were concealing such evidence that Belgian police raided and recovered documents from Roman Catholic Church premises earlier this year. Pope Benedict called the police action "deplorable." Cardinal Bertone opined, "there are no precedents for this, even under communist regimes." These are not the reactions of those who are willing to surrender child-destroying privileges.

"Be ye ever so high, the law is higher." Is the Catholic Church above secular law? In cases of child abuse, it acts as if it is. Let it be stressed that the Church attracts the fervent devotion of millions of believers. It responds to the desires and fears of human mortality. It offers glorious ritual, consoling counsel, and the inheritance of millennia. Through its charities and aid networks, it offers help to the poor, the sick and the destitute. For these actions it deserves thanks and gratitude. But it has fallen prey to its own deluded notions of infallibility, to the egoism of its deeply-rooted power, and to the dangerous warping of celibacy and secrecy. It deploys all its religious, intellectual, and diplomatic force to defend these interests by whatever means necessary, including, for example, an insistence that it receive only state to state communications and then only in its "national" language-Latin. The price of this grim and fierce intractability is being paid for by young, innocent and trusting children. To quote the final sentence of Robertson's shocking book: "On the question of whether Benedict XVI is capable of the wisdom and humanity to protect the children of his church, the jury is out."

62 people found this helpful

Kipper

A difficult but powerful book

Reviewed in Japan on 17 May 2012

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This book addresses a very important and difficult subject - child abuse within the church. The evidence it presents is plentiful and presented logically with references to back up each and every claim. I personally think that a book like this that explains what happened without rhetoric or excuses is incredibly valuable for humanity to move forward and away from such horrible things.

I had trouble reading this book though. Frequently I had to put the book down and come back to it later. I wouldn't criticize the author for that though. His writing, while sometimes esoteric or erudite - and perhaps a bit heavy for those with English as a second language - is unambiguous and clear. For me that turned out to be the problem. When the issues and the sheer scope of the abuse that happened was presented to me I couldn't help but feel shocked each time.

By all means I would recommend this book to anybody who has any association with the church at all, but keep in mind it is not a happy book at all.

Steven

Protection of child molesters on an industrial scale.

Reviewed in the United States on 9 May 2011

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Describes the protection of child molesters on an industrial scale (100,000 victims in recent decades) by the Catholic Church, especially by the current pope in a former role in that officially on behalf of the Catholic Church he handled many hundreds of cases of child molesting by Catholic Church personnel reporting none of them to the police. This book explains how the church prevents church personnel from reporting crimes by using the churches cannon law such that they can be excommunicated for doing so, tries to keep victims quiet, and removes offenders from the jurisdictions in which they have offended to prevent prosecution.

While not being a solicitor this book makes me wonder if the Catholic Churches cannon law by obstructing secular law would make the Catholic Church able to be disbanded as a criminal organization under some Australian state laws. I especially think this relevant after reading a book called The Vatican Exposed which describes the out of money Catholic Church bringing fascism to power in Italy prior to WW II, with full knowledge that this was a vote to end democracy in favour of fascism when fascists were promising to restore the Roman Empire, in return for an enormous cash bribe; influence in education; control of various businesses including a munitions company that supplied weapons during Italy's invasion on Ethiopia; statehood for the Vatican; and exemption of any accountability of the Vatican Bank, and the bringing to power of Hitler in Germany by a catholic controlled religious party giving up its elected places in government to the Nazis in return for a 9% tax on all German Catholics for the Vatican, as well as the Catholic Church's siding with the fascists in Croatia and its help in carrying out an attempted genocide in that conflict and the looting by the Catholic Church of the victims. The book details the Catholic Church's efforts of helping 30,000 Nazis fleeing justice after the war in return for bribes.

The book also details the church's involvement with the Italian and American Mafia beginning after the war including the use of Vatican Bank by the Mafia in return for a slice of the illegal profits, and the Vatican placing a Mafia man in control of Vatican Bank.

The apparent murder of a pope who removed criminal Catholic personnel from influence and their subsequent replacement back into power by the next pope, John Paul II, is also detailed. I mentioned The Vatican Exposed partly because people interested in The Case Of The Pope might also like it.

The Case Of The Pope is a must for all parents and children.

5 people found this helpful

Luc

A book with so mutch references. So much relevant ...

Reviewed in the United States on 15 November 2015

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A book with so mutch references.So much relevant material about the sexual abuses in this curch.Very important to read this book.
Luc

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