Protecting power

A protecting power is a state which somehow protects another state, and/or represents the interests of the protected state's citizens in a third state.

In diplomatic usage, "protecting power" refers to a relationship that may occur when two sovereign states do not have diplomatic relations. Either country may request a third party, with whom both countries have diplomatic relations, to use its "good offices" and act on its behalf as the protecting power.^[1]

In the host country, the protecting power is empowered to represent the property and interests of the protected country. This may extend to caring for the diplomatic property of its protectee or acting as consular officers on behalf of its citizens. If the two countries are at war, the protecting power will also inquire into the welfare of prisoners of war.

The role of "protecting power" originally developed in time of war and is formalized in the Geneva Conventions. The Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations also provide for a similar status in time of peace, but do not use the "protecting power" terminology.^[2]

Diplomacy

The Swiss Embassy in Washington, D.C. also represents Cuba's interests in the United States

The protecting power is appointed by the protected state and must also be acceptable to the host state. It must therefore maintain diplomatic relations with both states. In time of war, the Geneva Conventions also require that the protecting power be a neutral country. The specific responsibilities and arrangements are agreed between the protecting power, the protected power, and the host country.

In a comprehensive mandate, the protecting power carries out most functions on behalf of the protected state. This is necessary when relations are so tense or hostile that the sparring nations have no diplomatic or consular staff posted on each other's territory. For example, Sweden carries out limited consular functions for the United States, Canada, and Australia in North Korea.

In other cases, the two nations have broken diplomatic relations, but are willing to exchange personnel on an informal basis. The protecting power serves as the mechanism for facilitating this exchange. The original embassy remains staffed by nationals of the protected state but is formally termed an "interests section" of the protecting power. For example, the Cuban Interests Section is staffed by Cubans and occupies the old Cuban embassy in Washington, D.C., but it is formally a section of the Swiss Embassy to the United States.

History

The protecting power relationship originated in the Franco-Prussian War, when the belligerents expelled each other's diplomats and placed restrictions on enemy aliens. This made it necessary for belligerents to appoint protecting powers to represent their citizens' interests in enemy countries.^[3]

The practice became customary in international law but was not formalized until the Geneva Convention of 1929. The lack of formalization forced arrangements to be worked out on a case-by-case basis. During the Second Boer War, the British Empire selected the United States to be its protecting power in the Boer Republics, but the Boers refused to accept this status or to appoint a protecting power of their own. However, the Boers did allow the United States to look after the interests of British and Boer prisoners of war.^[3]

There is no requirement that the same protecting power be selected by both countries, although this is convenient for the purposes of communication. Each may select its own protecting power, provided that the choice is acceptable to the other state. There is also no requirement that a country select only one protecting power in the receiving country. During World War II, Japan appointed Spain, Sweden, and Switzerland to be its protecting powers in the United States.^[3]

During World War II, Axis-leaning Spain and the Nazi-occupied Netherlands were unable to serve the role of protecting power that they had served in World War I. As a result, Switzerland and Sweden became the most popular choices for protecting power. Switzerland formally undertook 219 mandates for 35 states, and represented another eight states unofficially, while Sweden accepted 114 mandates for 28 states.^[4] Switzerland and Sweden both chose to remain non-aligned in the Cold War and refused to join any military alliances, leading to their continued popularity as protecting powers.

Current protecting power relationships

Historical protecting power relationships

• Belgium was the protecting power for the United States in Libya until 2006 when diplomatic relations were restored.
• Brazil was the protecting power for Argentina in the United Kingdom from the Falklands War in 1982 until 1989, while Switzerland was the protecting power for the United Kingdom in Argentina.^[14]
• Cyprus was the protecting power for Yugoslavia during the war in the 1990s.
• France was the protecting power for the United Kingdom in Uganda between 1976 and 1977.^[15]
• Italy became the protecting power for the United Kingdom in Libya following the shooting of Yvonne Fletcher in 1984.^[16] It also became the protecting power for Canada in Iran following the 2012 suspension of diplomatic relations between Canada and Iran.^[17] However, this was not yet verified by the Iranian Government as of September, 2012.^[18]
• Jordan was the protecting power for Saddam Hussein's Iraq in the United Kingdom after the first Gulf War.
• The Netherlands was the protecting power for Portugal in Indonesia while Thailand was the protecting power for Indonesia in Portugal, until relations were restored in 1999.^[19] Following the Indonesian invasion and occupation of East Timor in 1975, Portugal had severed diplomatic relations with Indonesia. The Netherlands was also the protecting power for Canada in Iran from 1980 to 1988, after relations between the latter two countries were suspended in the wake of the Canadian caper affair.
• Poland was the protecting power for the United States in Iraq after the first Gulf War. Poland also became the protecting power for the United States in Syria in 2012, following the closure of the U.S. embassy on February 6.^[20] The Polish embassy then closed on July 27 and the Czech Republic assumed protecting power responsibility for the United States.^[21]
• Saudi Arabia represented Libya in the UK.^[22]
• Sweden is the protecting power for Australia, Canada, and the United States in North Korea for consular matters, although since 2001 Sweden is no longer the only Western country with diplomatic representation there.^[23] Sweden has been the protecting power for the UK in Iran when diplomatic relations have been broken off: following the Islamic Revolution, briefly after the Salman Rushdie affair, and from June 2012 as a result of the storming of the UK embassy in Tehran.^[24] In World War II Sweden was entrusted with representing 114 mandates for 28 countries.
• Turkey was the protecting power for the United States in Libya during the 2011 military intervention in Libya.^[25]
• The United States was the protecting power for Canada in Nigeria from 1995 to 1999, when Canada (along with the rest of the Commonwealth of Nations) suspended diplomatic relations with Nigeria over the execution of Ken Saro-Wiwa.

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, which formerly were part of a US Trust Territory.
• Certain Commonwealth countries, including Australia, New Zealand, Canada and the United Kingdom, have agreements in certain countries to provide consular services for citizens of the other countries where they do not have physical representation. The United Kingdom provides consular assistance to Canadians abroad where there is no Canadian mission, as stated in each Canadian passport. Canada provides consular assistance to Australian citizens to several states in Latin America and Africa; while Australian diplomatic missions reciprocate in several Asia-Pacific states.^[26][27]
• Under Article 20 section 2c of the Treaty on the functioning of the European Union (TFEU) 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.^[28]
• In 2006, the governments of Montenegro and Serbia adopted the Memorandum of Agreement between the Republic of Montenegro and the Republic of Serbia on Consular Protection and Services to the Citizens of Montenegro. By this agreement, Serbia, through its network of diplomatic and consular missions, provides consular services to the Montenegrin citizens on the territory of states in which Montenegro has no missions of its own.^[29]

Other meanings

• Historically a protecting power held a permanent protectorate over a weaker state, which in practice could constitute a form of colonial domination, in the logic of indirect rule.
• The term "friendly protection" also applied to "guarantor" state(s) vowing to prevent the protected state (or a specific part) being overrun by a third party.
• Protecting power has a distinct and separate meaning under the Geneva Conventions for protection of civilians in times of war.^[30]

Notes and references

External links

• Procedures, U.S. as Protecting Power (PDF) U.S. State Department