Protecting power

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In diplomatic usage, the term protecting power refers to a relationship that may occur when two countries do not have diplomatic relations. Either country may request a third party (with which each country has diplomatic relations) to act as the protecting power. In the territory of the host country, the protecting power will be recognized by that state as empowered to represent the other country and protect its interests. This may extend to caring for the diplomatic property of its protectee or acting as consular officers on behalf of its citizens. The relationship and the legal status are recognized in international conventions on diplomatic and consular affairs, such as the Vienna Conventions.

The practice is used when two countries have severed or suspended formal diplomatic ties for whatever reason (or never had them), including military or territorial disputes, and yet wish to retain some form of communication or means of conducting necessary business. Effectively, it is a means of maintaining diplomatic relations when those ties have been formally severed. It is not uncommon for the protected power to retain the use of its former diplomatic representation's buildings (although "attached" to or recognized as a section of the embassy of the protecting power), and to post diplomats to the host country (again, as members of the protected power's "Interests Section" of the protecting power's diplomatic mission). The host country may impose much more substantial restrictions on the protected power's ability to post personnel or in other areas, however, than would be customary under normal diplomatic relations.

There is no requirement that the protecting power be of any particular size or that it maintain formal neutrality, but rather that the protecting power have diplomatic relations with both countries. The host country must grant or accept the assumption of protection. The specific responsibilities and arrangements are agreed between the protecting power and the protected power.

In practice, the "protected power" may be able to carry on quite substantial diplomatic and other relations with the host country, despite the lack of formal relations. For example, Cuba and the United States do not have formal diplomatic relations, but both maintain substantial diplomatic presences in each others' countries. Switzerland is the protecting power for the United States in Cuba, and for Cuba in the United States (note that Cuba has separate diplomatic representation in New York at its Permanent Mission to the United Nations). Formally, the U.S. representation in Cuba is known as the United States Interests Section in Havana of the Swiss Embassy to Cuba; in practice, it is staffed primarily by U.S. diplomats and government personnel, and effectively occupies the physical buildings of the (former) U.S. Embassy.

Other cases where a protecting power relationship exists include Israel in certain countries where it is not recognized.

[edit] Protecting Power Relationships

• Switzerland is the protecting power for the United States in Cuba.
• Switzerland is the protecting power for Cuba in the United States.
• Switzerland is the protecting power for the U.S. in Iran.
• Sweden is the protecting power for the United States in North Korea, "with assistance from Germany as needed."
• Canada was for a time the protecting power for Israel in Cuba.
• Pakistan was the protecting power for Iran in the U.K. for a period.
• Sweden was the protecting power for the U.K. in Iran from 1980-1988 and again for a period after 1989.
• Jordan was the protecting power for Iraq in the U.K. after the first Gulf War.

Certain countries may have agreements to provide limited consular services to the citizens of other countries. This does not necessarily constitute a protecting power relationship, as the host country may not have formally agreed, and there may in fact be diplomatic relations between the host country and the third country, but no physical representation. Without the agreement of the host country, consular officials in this role may not be recognized as representing the interests of another, and be limited to a "good offices" role.

• The United States provides consular services to citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
• Certain Commonwealth countries, including Australia, New Zealand, Canada and the U.K., have agreements in certain countries to provide consular services for citizens of the other countries where they do not have physical representation. These may be standardized or ad hoc relations specific to each country.
• Citizens of European Union countries may request consular services at the missions of other EU countries when their home country does not have a mission locally.

[edit] Other Meanings

• Protecting power has a distinct and separate meaning under the Geneva Conventions for protection of civilians in times of war.
• Historically a protecting power held a permanent protectorate over a weaker state

[edit] Links

U.S. State Department: Procedures, U.S. as Protecting Power[1] U.S. State Department: Protection of Foreign Interests and Third Country Protecting Power[2]