Humanitarian Intelligence and Diplomacy without Territory

The Holy See, the Sovereign Order of Malta, and the Protection of Religious Migrants in Europe

Abstract

This article proposes a Canon Law and International Humanitarian Law Collaborative Model as a project for future cooperation between the Holy See and the Sovereign Military Order of Malta to protect vulnerable religious migrants in Europe. It examines how their distinct legal personalities, diplomatic positions, ecclesial networks, and humanitarian capacities could complement state-centred migration governance and EU asylum systems. Drawing on international law, canon law, the ius melitense, and EU asylum law, it identifies gaps in protecting religious migrants, particularly in assessing religious identity and conversion. It explores three dimensions of cooperation: humanitarian assistance and access, diplomatic coordination and mediation, and the limited use of pastoral records as corroborative evidence. Epikeia, phronesis, and salus animarum provide the model’s normative orientation. The article offers a first mapping of its legal foundations, institutional possibilities, and safeguards, without purporting either to present an exhaustive account of the issues involved or to offer a complete implementation plan.