For dishonest people, the strategy is always to control the narrative and to create “illations”, or malicious inquiries and sophisms. That strategy has the precise scope of avoiding the frontal debate and the confrontation of facts and empirical evidence.
Recently, the Equestrian Order of Saint Sergius was falsely accused of “theft” and impersonating the “Noble Order of Saint Sergius”, headquartered in the Kingdom of Spain and protected by the Habsburg family of Austria-Hungary. (the false accusation was made by a fake profile on social media, NOT by the Noble Order)
By this allegation alone we can conclude that the intent of the attack was purely to harm the Royal House of Ghassan. And the capital proofs are here. The order’s insignia is completely different and most importantly, it’s not even the same Saint!
The “Noble Order of Saint Sergius” is named after Pope Saint Sergius I(650-701 CE)
Yes, for that attack alone we all can see the “intellectual caliber” of the perpetrators, not even checking the basic information.
IMPORTANT:
The Orders of Chivalry/Merit from the Royal House of Ghassan don’t claim to be the “legatary continuation” of any historical order. However, the Royal House has the historical mandate of being one of the oldest (if not the oldest) Christian chivalric tradition in history. Although not organized in orders “per se” the Ghassanids had a chivalric tradition almost five centuries before the Crusades and the creation of the first known orders of Chivalry: “Thus Ghassanid chivalry developed in the sixth century [AD] and was spiritualized by Christianity, a process that brought it close to the Christian version of chivalry in medieval Europe. (…) The Ghassanids’ commitment to Christian chivalry as one of the ideals that they developed and tried to live up to, especially in their wars, has hitherto been an unknown chapter in the history of this concept.”Prof. Dr. Irfan Shahid, PhD (Princeton University) Professor Emeritus of Georgetown University, Book “Byzantium and the Arabs in the Sixth Century”, pages 304-305 Dumbarton Oaks Research Library (Harvard University)
Even if it was the same saint, no Sovereign House has exclusivity over Saints. They cannot be patented,
On the other hand, stealing the name, the insignia, and the history of a particular order, claiming to be the legatary continuation of a historical order without having the right, that’s pure theft!
First and foremost, we have to establish that today, by observing the laws of each country, pretty much anyone can start any religion or church and name it anything that their wild mind can create.
That would make that religion/church valid as a “religious institution” duly registered with the State.
However, the fact that a church is registered as “Catholic” or “Orthodox” does not mean that the particular church is “part of” or “is recognized by” the historical Catholic or Orthodox churches unless they receive what is known as canonical recognition. In the case of the Roman Catholic Church, it has to come from the Supreme Pontiff, the Pope.
Many dishonest people, automaticallychasing megalomaniac titles like “patriarch” or “prince” (without the proper valid accepted steps), name their church “Orthodox” trying to deceive the public by justifying the authenticity of “their” church by the fact that Orthodox churches are “autocephalous” and therefore they don’t need to have any recognition from anyone but the mere registration with the State. That’s pure deception and misrepresentation!
“Autocephaly (/ɔːtəˈsɛfəli/; from Greek: αὐτοκεφαλία, meaning “property of being self-headed”) is the status of a hierarchical Christian church whose head bishop does not report to any higher-ranking bishop. The term is primarily used in Eastern Orthodox and Oriental Orthodox churches.” https://en.wikipedia.org/wiki/Autocephaly#cite_note-FOOTNOTEErickson1991-4
Unfortunately, “autocephaly” is not “a license to open an Orthodox church”! The “autocephalous” status has to be officially and formally granted, usually, by the Ecumenical Patriarchate of Constantinople, considered to be “primus inter pares” or “first amongst equals”. Regularly, the grant has to be agreed upon by the other Patriarchs of the historical Orthodox churches.
Excerpt of the1970 Letter from Ecumenical Patriarch Athenagoras on Autocephaly:
“These include the Churches to which the Holy Apostolic and Patriarchal Ecumenical Throne [the Patriarchate of Constantinople] gave the stamp of autocephaly with the approval of the other Orthodox Churches.
The Ecumenical Patriarchate could do this because of its attribute as the Mother Church and its status as the “First Among Equals” in reference to the other autocephalous Orthodox Churches, and because it is at the center of the internal unity of the entire Orthodox Church, helping the other Churches in their needs — a duty that derives from its presiding and excelling position within the family of the Orthodox Churches.
According to the above, therefore, the final and definitive decision concerning autocephaly belong to a Synod representing more generally the entirety of the local Autocephalous Orthodox Churches, and especially to an Ecumenical Synod. Such decisions cannot be made by each local Autocephalous Church or by a local Synod of a Church from which a Diocese is requesting autocephaly. Such a local Synod has the right only to receive the first petitions for autocephaly and to form an opinion as to whether or not the reasons proffered for autocephaly are justified in accordance with the spirit of the 34th Apostolic Canon.” https://orthodoxhistory.org/2018/09/21/1970-letter-from-ecumenical-patriarch-athenagoras-on-autocephaly/
Each granting of “autocephalous status” is an event of considerable importance and great seriousness. Therefore, it’s considerably easy to find out if a particular church denomination has official status or not. Corroborating the above, recently there was the case of the church of Ukraine.
The Sovereign Prince of Ghassan was officially invited to the WORLD CULTURE FESTIVAL – US edition, from Sept. 29th – Oct. 1st, 2023 at the National Mall in Washington DC. In its last three editions, the event reached over six million people in-person and drove hundreds of millions of views online, making it the most successful recurring global artistic event in human history.
The event has many world leaders, diplomats, corporate executives, scholars, etc. as VIP guests.
SOME MEMBERS OF THE RECEPTION COMMITTEE (full list)
H.E. BAN KI-MOON
8th Secretary-General of the United Nations, South Korea Chair, Reception Committee
H.E. PRAVIND JUGNAUTH
Prime Minister, Mauritius
H.E. RATU WILIAME KATONIVERE
President, Fiji
H.E. CHAN SANTOKHI
President, Suriname
H.E. JACQUES SANTER
Former President, European Commission Former Prime Minister, Luxembourg
H.E. ERIK SOLHEIM
Former UN Under-Secretary-General and Executive Director of the UN Environmental Programme (UNEP) Former Minister of International Development & Environment, Norway
H.E. VENKAIAH NAIDU
Former Vice-President, India
H. E. KJELL MAGNE BONDEVIK
Former Prime Minister, Norway Founder and Executive Chair, The Oslo Center
H.E. HELEN CLARK
Former Prime Minister, New Zealand
H.E. NAMBARYN ENKHBAYAR
Former President, Mongolia
H.E. DR. MARK EYSKENS
Former Prime Minister, Belgium
H.E. VICENTE FOX
Former President, Mexico
H.E. FEDERICO FRANCO
Former President, Paraguay
H.E. OLUSEGUN OBASANJO
Former President, Nigeria
H.E. ROSALÍA ARTEAGA SERRANO
Former President, Ecuador Executive Director, Fidal Foundation
H.E. JIGMI YOSER THINLEY
Former Prime Minister, Bhutan
SENATOR CHARLES SCHUMER
Majority Leader of United States Senate (D-NY), United States of America
SENATOR CHRIS VAN HOLLEN
Member of United States Senate (D-MD), United States of America
THE HONORABLE KATHERINE CLARK
Minority Whip of the United States House of Representatives (D-MA), United States of America
THE HONORABLE ARMIN LASCHET
Member of German Parliament Vice President, Parliamentary Assembly of the Council of Europe Former Minister-President, North Rhine-Westphalia, Germany
THE HONORABLE NANCY PELOSI
Former Speaker of the House of Representatives, United States of America
RIGHT HONORABLE SIR ROBERT JAMES BUCKLAND KBE KC MP
Former Lord Chancellor and Wales Secretary, United Kingdom
THE HONORABLE RYSZARD CZARNECKI
Former Vice President of European Parliament, Poland
THE HONORABLE HAKUBUN SHIMOMURA
Member of the House of Representatives, Former Minister of Education, Culture, Sports, Science and Technology, Japan
THE HONORABLE HILDEBRANDO TAPIA
Former Vice President, Andean Parliament, Peru
THE HONORABLE GEOFFREY VAN ORDEN CBE
Former Leader of British Conservatives in the European Parliament, United Kingdom
THE HONORABLE DANNY DAVIS
Member of House of Representatives (D-IL), United States of America
THE HONORABLE JOHN SARBANES
Member of House of Representatives (D-MD), United States of America
THE HONORABLE GERRY CONNOLLY
Member of House of Representatives (D-VA), United States of America
THE HONORABLE BILL FOSTER
Member of House of Representatives (D-IL), United States of America
THE HONORABLE MIKE QUIGLEY
Member of House of Representatives (D-IL), United States of America
THE HONORABLE ANDY BARR
Member of House of Representatives (R-KY), United States of America
THE HONORABLE RICHARD HUDSON
Member of House of Representatives (R-NC), United States of America
THE HONORABLE MARC VEASEY
Member of House of Representatives (D-TX), United States of America
THE HONORABLE DON BEYER
Member of House of Representatives (D-VA), United States of America
THE HONORABLE DARIN LAHOOD
Member of House of Representatives (R-IL), United States of America
THE HONORABLE PRAMILA JAYAPAL
Member of House of Representatives (D-WA), United States of America
THE HONORABLE RO KHANNA
Member of House of Representatives (D-CA), United States of America
THE HONORABLE RAJA KRISHNAMOORTHI
Member of House of Representatives (D-IL), United States of America
THE HONORABLE MICHAEL GUEST
Member of House of Representatives (R-MS), United States of America
THE HONORABLE ANDY KIM
Member of House of Representatives (D-NJ), United States of America
THE HONORABLE DAVID TRONE
Member of House of Representatives (D-WA), United States of America
THE HONORABLE JAKE AUCHINCLOSS
Member of House of Representatives (D-MA), United States of America
THE HONORABLE JERRY CARL
Member of House of Representatives (R-AL), United States of America
THE HONORABLE YOUNG KIM
Member of House of Representatives, (R-CA), United States of America
THE HONORABLE DEBORAH ROSS
Member of House of Representatives (D-NC), United States of America
THE HONORABLE MICHELLE STEEL
Member of House of Representatives (R-CA), United States of America
THE HONORABLE JEN KIGGANS
Member of House of Representatives
(R-VA), United States of America
THE HONORABLE GLENN IVEY
Member of House of Representatives (D-MD), United States of America
THE HONORABLE KEVIN KILEY
Member of House of Representatives (R-CA), United States of America
THE HONORABLE LAUREL LEE
Member of House of Representatives (R-FL), United States of America
THE HONORABLE RICH MCCORMICK
Member of House of Representatives (R-GA), United States of America
THE HONORABLE SHRI THANEDAR
Member of House of Representatives (D-MI), United States of America
THE HONORABLE BINOD CHAUDHARY
Member of Parliament, Nepal Chairman and President, The Chaudhary Group (CG)
THE HONORABLE YVONNE FERI
Member of Parliament, Switzerland
THE HONORABLE DR. NIK GUGGER
Member of the Parliament, Switzerland Member of the European Parliament
HIS HIGHNESS AZZAN BIN QAIS AL SAID
Vice Chairman, Oman National Olympic Committee, Oman
SOME MEMBERS OF THE ORGANIZIANG COMITEE (full list)
ROB TROMBOLD
President, Art of Living Convener, World Culture Festival
DAVID M. RUBENSTEIN
Co-Founder and Co-Chairman, The Carlyle Group Chairman, John F. Kennedy Center for the Performing Arts
RABBI ABRAHAM COOPER
Chair, United States Commission on International Religious Freedom Associate Dean and Director of Global Social Action Agenda, Simon Wiesenthal Center
DR. ALFRED BALITZER
Chairman, Pacific Research & Strategies, Senior Fellow and Board of Trustees, Claremont Graduate University, Board of Trustees, Sri Sri University
NIRVANA CHAUDHARY
Managing Director, Chaudhary Group
CHIRAG PATEL
President and CEO, Amneal Pharmaceuticals
COURTENEY MONROE
President, National Geographic Global Television Networks
LOUIS GAGNON
Founder and CEO, Regenerative Group
THE HONORABLE LUIS MORENO OCAMPO
Founding Prosecutor, International Court of Justice
DR. MANOJ K. JAIN
Founder and President, Mid-South Infectious Disease Associates
MIKE PERLIS
Vice Chairman, Forbes Media
M.R. RANGASWAMI
Founder, Indiaspora Forum and CorporateEco Forum Managing Director, Sand Hill Group
H.E. NIRJ DEVA, DL, FRSA
Presidential Envoy to Western Europe & Commonwealth of Nations, Commonwealth Union; Former Vice President for International Development, European Parliament
PREM JAIN
Co-Founder Pensando Systems, now the Networking Solutions Group AMDPensando
RANDI WEINGARTEN
President, American Federation of Teachers
RANVIR TREHAN
Trustee, John F. Kennedy Center for the Performing Arts
HRH AMBASSADOR REEMA BINT BANDAR AL SAUD
Ambassador of the Kingdom of Saudi Arabia to the United States
REGINALD (REGGIE) VAN LEE
Partner and Chief Transformation Officer, Carlyle Group
RODNEY MIMS COOK, JR.
President, National Monuments Foundation
SANJAY PRADHAN
Chief Executive Officer, Open Government Partnership
SHEKAR NARASIMHAN
Managing Partner, Beekman Advisors President, Dharma Into Action Foundation (DhIA)
DR. SREENIVAS REDDY, MD
Vascular Interventional Radiologist
TIM DRAPER
Founder Draper Associates, DFJ Draper Venture Network Draper University
TIM RYAN
Former Congressman, Ohio’s 13th District
TONYA KINLOW
Vice President of Community Engagement, Advocacy, and Government Affairs, Children’s National Hospital Chair, Board of Directors, DC Chamber of Commerce
VIDA ALI
Co-owner, Ben’s Chili Bowl Board of Directors, DC Chamber of Commerce
AMBASSADOR VIJAY NAMBIAR
Former Chef-de-Cabinet, Special Ambassador to Myanmar, United Nations
VIVEK PAUL
Adjunct Professor, Stanford University Former CEO, Wipro Limited
What does the traditional international jurisprudence on Dyanstic and Nobility law dictate?
None “becomes a prince” unless in two situations: an “ex-nuovo” bestowal by a sovereign or head-of-state, or by marriage with someone already bearing this title. Nobility laws vary from country to country. For example, both husbands of HRH Princess Anne, Princess Royal and the only sister of HM King Charles III, didn’t get any titlebecause the woman cannot pass a title to a husband in the British system,
As a rule, only in a ruling monarchy, a prince is legally recognized as such by birth. In the case of a deposed dynasty, it all depends on the country he is born. Some countries are friendly to the subject of foreign titles and others, usually republics, are not,
According to international jurisprudence, if the particular laws of succession of that dynasty are respected and followed, all princes are legally born princes “de jure, in esse, in pectore et in potentia” (by law/right, in essence, not publicly but in potential)even if the domestic laws of the country of birth are indifferent or absolutely don’t recognize that title. (see legal citations below) If the prince is going to publicly exercise his legal right, it is up to him. It is not an obligation, and many princes choose to never use the titles. But it is their birthright to claim it at any point in their lives. That does not mean they “became princes”, they’re just exercising their rights from that moment on! It is the exact same legal principle of “Jus Sanguinis” (right of blood)applied to citizenship in some countries. For example, Italian citizenship by descent is based on this principle. However, although the children of Italian citizens born abroad are legally considered Italian unless they register their birth certificate with the Italian authorities and apply for an Italian passport, that right was not exercised. It’s not an obligation in any way, the child can keep only the citizenship from the place he or she was born, but action is needed in order for that legal right to be publicly recognized, in this case, the registration of the birth certificate with the Italian authorities. Many examples of princes not recognized by birth can be cited but maybe the most notorious is the current head of the House of Habsburg (Austria-Hungary), HIRH Archduke Karl. His legal name is Karl Habsburg-Lothringen, No title! By Austrian law, he cannot even use the “Von” (of) Habsburg in his name and on his website!But regardless of the lack of domestic recognition, none disputes his title.
HIRH Archduke Karl, head of the Habsburg Dynasty of Austria-Hungary was punished because of the prohibition of titles of nobility in Austria since 1919
To be a prince, one doesn’t have to be a king’s son?
No, that only applies to some European ruling monarchies. And even in Europe, that’s not a rule. For example, the Prince of Monaco is the son of another prince, not a king. Even for European deposed monarchies, that doesn’t apply. The heads of the Houses of Austria, Germany, France, Portugal, Yugoslavia, Albania, etc., are all sons of princes, not kings! Even when the country’s tradition is to have a king, while in exile, the custom is not to use the title “king”.
All the above Royals (including the King Emeritus of Spain) are sons of other princes, NOT kings!Well-known royals from Bahrain, Kuwait, Qatar and UAE that are princes (amir, emir)and sons of other princes and sheikhs. Even the current King of Bahrain was the son of a prince
The Royal Ghassanid titles
Being respected the traditional laws of succession, according to international jurisprudence, the members of the El Chemor/Gharios family were born Royal Sheikhs and Princes regardless of the domestic recognition of any country. The family members that were born in modern-day Lebanon were able to register their titles because the laws of the Lebanese Republic are friendly to the use of historical titles. However, the family members born in countries like Brazil, where anything related to monarchy was forbidden due to the constitution (1891) that followed the coup-de-etat that overthrew the Brazilian Emperor in 1889, making it impossible to Gharios/El Chemor family members in Brazil to even register their titles legally.
“CONSTITUTION OF THE REPUBLIC OF THE UNITED STATES OF BRAZIL (February 24, 1891)
Capital evidence of that factis the sons of the late HRH Prince Sheikh Magid El Chemor born in Lebanon, HIRH Prince Gharios’ cousin. Sheikh Magid had three sons, the late Sheikh Nassif and Sheikh Antoine born in Lebanon, and the late Sheikh Youssef, born in Brazil.Sheikh Magid’s title was on his documents. Same with the two sons born in Lebanon (see passport photo). Nevertheless, Sheikh Youssef’s title could not be registered since he was born before 1988. The same with his sons.
Lebanese Passport of the late Sheikh Nassif (1945-2017) with his titles. Family members born in Brazil didn’t have the same privilege due to the 1891’s constitution only abrogated in 1988
Prince Gharios was born in 1973. His father in 1947. As previously mentioned, article 72 § 2 of the 1891 constitutionwas only abrogated with the advent of the 1988’s constitution. Since the international succession of titles by “jus sanguinis” operates separately and independently of the domestic constitution of the countries of birth. Therefore, the late Sheikh Youssef, his sons and Prince Gharios were born princes by the international jurisprudence regardless of when they decided to publicly use the titles. See the legal corroboration below
Professor Emilio Furno, an advocate in the Italian Supreme Court of Appeal, writes as follows “The Legitimacy of Non-National Orders”, Rivista Penale, No.1, January 1961, pp. 46-70:
“The qualities which render a deposed sovereign subject of international law are undeniable and in fact constitute an absolute personal right of which the subject may never divest himself and which needs no ratification or recognition on the part of any other authority whatsoever. A reigning sovereign or head of State may use the term recognition in order to demonstrate the existence of such a right, but the term would be a mere declaration and not a constitutive act.” (Furno, op.cit.)“A notable example of this principle is that of the People’s Republic of China which for a considerable time was not recognized and therefore not admitted to the United Nations, but which nonetheless continued to exercise its functions as a sovereign state through both its internal and external organs.” (Furno, op.cit.)
“. . . Sovereignty is neither created by Recognition nor destroyed by non Recognition.” (The New Encyclopedia Britannica, edition 15, part 3, vol 17, 1981, p. 312)
“These rights are all absolute, and quite independent of any recognition of the external sovereignty by other states….” (Charles St. Julian, The International Status of Fiji, 1872, p. 3)
“. . .Courts agree that sovereignty can exist in the absence of Recognition by any state….” (Werner Levi, Contemporary International Law: a Concise Introduction, 1979, p. 120)
“. . .Sovereignty is not something that is decided by other countries. They can only recognize it or not.” (Frank Muyard, Director, Taipei Office, French Centre for Research on Contemporary China (CEFC), April 1-2, 2005)
“Studies on Nobility Law” (Estudos sobre Direito Nobiliário), by Dr. Mario Silvestre de Meroe
Here is an extract from the book “Studies on Nobility Law” (Estudos sobre Direito Nobiliário), by Dr. Mario Silvestre de Meroe, pg. 65:
“It is worth mentioning also that the princely families, with the sovereign attributes, require no recognition by the government of their country of origin, or submit any record in countries where its members settle in residence. The dynastic and political independence is based on Sovereignty itself, which guides their social existence and regardless of any legal recognition, with respect to dynastic and private affairs. “
Just a small sample of the numerous legal recognitions to HIRH Prince Gharios’ titles
The legal rights of the El Chemor/Gharios family, as well as the claims of HIRH Prince Gharios, were fully recognized on four continents, including the Lebanese Republic. Learn more
Abraham [a] (originally Abram) is the common Hebrew patriarch of the Abrahamic religions, including Judaism, Christianity, and Islam. In Judaism, he is the founding father of the special relationship between the Jews and God; in Christianity, he is the spiritual progenitor of all believers, whether Jewish or non-Jewish; and in Islam, he is a link in the chain of Islamic prophets that begins with Adam and culminates in Muhammad.
“The sons of Abraham/Ibrahim initiative” has the scope of uniting Jews, Christians and Muslims for peaceful coexistence.
The song was composed by HIRH Prince Gharios El Chemor
One of His Holiness’s major achievements was to end the 52 years of Colombian civil war convincing the guerrilla group known as FARC to pursue the non-violent path. He also hosted a colossal event in India congregating over 3 million participants and leaders of 155 nations.
The scope of this article is to shed light on the subject of the legal rights of deposed sovereigns and their heirs’ vis-a-vis to the current international jurisprudence.
First and foremost, we have to understand sovereignty. Sovereignty can generally be defined as the supreme authority. (see Philpott, Daniel (1995). “Sovereignty: An Introduction and Brief History”. Journal of International Affairs. 48 (2): 353–368. ISSN0022-197X. JSTOR
“… the concept of sovereignty formally implies a power that is absolute, perpetual, indivisible, imprescriptible and inalienable.” (Andrew Vincent, Nationalism and Particularity, 2002, p. 17)
Sovereignty is absolute, and absolutes don’t exist in degrees. You can’t be partially pregnant, sort of dead, kind of human, or almost sovereign.
The full power of sovereignty includes:
(1) the “ius imperii” — the right to rule over a people and a territory,
(2) the “ius gladii” — the right to the lawful monopoly of the use of force(army, police, death penalty, etc.)
(3) the “ius majestatis” — the right to be recognized and honored by titles, respected, and protected
(4) the “ius honorum” — the right to honor and reward merit
The kings/reigning princes have all four of the above sovereign powers in full either in a dormant/inactive state or in an active state where they can exercise some part of their full sovereignty.
The “ius imperii” and “ius gladii” usually are delegated by the sovereign either constitutionally or by appointment. Even if the use of these sovereign qualities is not readily available, the “ius honorum” (right to be honored and honor others), is usually in full active force.
The kings or sovereign princes are still rightful and royal in every way, even if they are limited to be only a ceremonial figurehead, an icon, or a full head of state.
“. . . the King is the fountain of all honor and possesses exclusively all the attributes of sovereignty.” (E. C. Wilkinson, Trial, 1839, p. 128)
The reason for that can be explained by the fact that the sovereign power is based on the “Divine right” present in the great majority of monarchies all over the world, regardless of religion. Meaning, the sovereign powers are assigned directly by God (or a deity) to that person (and that family, usually in perpetuity) making them “above all men”, in other words, they cannot be judged or limited by anyone.
“The Divine Right of Kings is a political and religious doctrine of royal absolutism. It asserts that a monarch is subject to no earthly authority, deriving his right to rule directly from the will of God. The king is thus not subject to the will of his people, the aristocracy, or any other estate of the realm, including the church. According to this doctrine, since only God can judge an unjust king, the king can do no wrong. The doctrine implies that any attempt to depose the king or to restrict his powers runs contrary to the will of God and may constitute heresy.” http://en.wikipedia.org/wiki/Divine_right_of_kings
“. . . claim was made by a number of powerful European dynasties, including the Merovingians, the Carolingians, the Stuarts, the Plantagenets, the Habsburgs, and even Emperor Constantine, who have all traced their ancestry back to the House of David. It was this claim upon which they based the legitimacy of their rule . . .” (Tracy Twyman “In Defense of Kingship and Divine Right:” )
That’s definitely outdated in practice. Our world is more and more secular every day and religions are more and more distant from the matters of State. However, as archaic as that might sound, it’s still a very current practice worldwide and no longer limit itself to monarchies. Just as an example, in courts all over the world people still have to put their hand on the bible when testifying under oath. But it goes further.
The modern principles of international law are called: sovereign immunity and State immunity.
“Sovereign immunity, or crown immunity, isa legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. A similar, stronger rule as regards foreign courts is named state immunity.”
The only difference is that in a monarchy the sovereignty resides in the person of the ruler and his/her lawful heirs, whereas in republics. it belongs to the people being managed by the elected officials.
That can also be seen in treaties between nations.
“. . . International law is dependent upon the voluntary paticipation of States in its formulation, observance, and enforcement.” (Nelson Dordelly-Rosales, “State Sovereignty and the Protection of Human Rights,” Paper presented at the Annual Meeting of the Law and Society Association, Montreal, Quebec, Canada, May 27, 2008: http://www.allacademic.com/meta/p235808_index.html)
A sovereign State can sign a treaty in one day and withdraw the next day.
It’s pacific jurisprudence that deposed sovereigns and their heirs remain “sovereign” as long as they don’t surrender their claim.
According to Johann Wolfgang Textor, famous international lawyer, and German publicist in his book “Synopsis Juris Gentium“, Chapter 10, Nos. 9-11:
“A King who has been driven from his kingdom by force of arms, and has lost the possession of his sovereignty, has not thereby lost his right [or his descendants’], or at any rate not irrevocably, unless he has in the meanwhile given his assent thereto, but he loses it conclusively at the moment when he consents to a transfer of it to the Estates / i.e. Parliament / or his rebel subjects, and then it must be recognized that the Kingdom has been made to a State which has been founded in accordance with the Law of Nations.”
Dr. Stephen P. Kerr y Baca, JD, FAS, “King and Constitution in International law“, p. 125
“Thus, de jure [by right] sovereigns and governments-in-exile retain their status as long as they do not surrender their sovereignty to the de facto [by fact, the usurper] government.”
Under public international law a Government-in-Exile, monarchical or republican, is deemed to have the implied constitutional power to perform all normal acts of State, such as those acts which by its own constitution would require the consent of an organ of government, like a parliament, which are at present suspended due to the conditions arising from usurpation of sovereignty. See F. E. Oppenheim, “Governments and Authorities in Exile,” 36 American Journal of International Law (1942), pp. 568 at 581-582.
During the World War II the Governments-in-Exile of Belgium, Czechoslovakia, Greece, Luxembourg, The Netherlands, Norway, Poland, and Yugoslavia resident in London performed the normal day-to-day activities of Governments such as legislation, taxation, making treaties, declaring war, appropriating money, and raising armies – all of which required the concurrence of their respective Parliaments. See Oppenheim, F.E., “Governments and Authorities in Exile”, 36 American journal of International Law (1942) pp. 568-595
In the advent of a “Government-in-exile” there are several limitations that make it impossible to convene a parliament, as well as many governmental constitutional institutions that are part of the regular bureaucratic apparatus.
“Perhaps the best explanation of how a Government-in-exile becomes vested with the implied constitutional power to perform the normal acts of state which constitutionally required the consent of an organ of government which has become unavoidably suspended due to the conditions of exile can be found in a series of decisions by the Belgian Supreme Court, the Cour de Cassation, which upheld the power of King Albert to legislate by Royal Decree during World War I when it was impossible to convene the Belgian Parliament even though the Belgian constitution does not give the King the power to so legislate in such an emergency. The court stated that as a matter of jurisprudence the decrees issued by the King on his sole authority as King without the consent of Parliament as required by the constitution were valid on account of the German invasion, as the legislative bodies could not function. The Cour de Cassation based their decisions on the broad principles of general Public and International Jurisprudence that:
(1) Belligerent occupation and invasion do not suspend or destroy the sovereignty of the occupied state. (2) No nation can live without a sovereign government, and (3) The legislative power is indispensable for the existence of a government. Therefore, the Cour de Cassation concluded that since the Chamber of Deputies and the Senate were paralyzed due to the conditions of occupation and exile, the legislative power was vested in the King alone. It is to be noted that these highly important decisions were based on general principles of International and Public Jurisprudence. Hence, the reasoning of the Cour de Cassation is applicable to any exile situation and is, indeed, the principle cited by most governments-in-Exile as the justification for their exercise of the powers belonging to their parliaments.” (Ibid.p.128) “It can, therefore, be stated as a doctrine of international law that a Sovereign-in-Exile possesses the implied constitutional power to perform the normal acts of state which constitutionally require the consent of an organ of government which has become unavoidably suspended due to the condition of exile. Thus, the Chief of a Royal House in his capacity as de jure King (Head of the Government-in-Exile) has the authority to act in the place of Parliament and to perform those acts of state which under the various Constitutions requires the consent of a Parliament.” (Ibid. p.129)
It is also understood in international law, that in a constitutional monarchy, the sovereign might have limited powers because he or she chooses to. Even if in practice that condition might be imposed by political circumstances and/or popular pressure. The ruler being sovereign, he (or she) can withdraw that promise at any time, just like a sovereign nation can withdraw from a treaty. Obviously, that’s not necessarily feasible politically, having several examples in history of rulers even losing their thrones (and lives) when trying to change the “status quo“.
“That Sovereignty is not less Sovereignty, though the Sovereign at his Inauguration solemnly promises some Things to God, or to his Subjects, even such things as respect the government of the State [like following a constitution]. (Hugo Grotius, The Rights of War and Peace, Jean Barbeyrac, Trans., Book I, chapter 3, no. 16)
He then made a comparison between a king and the head of a household:
If the head of the household promises that he will do for it something which affects the government of it, he will not on that account cease to have full authority over his household. . . . A husband, furthermore, is not deprived of the power conferred on him by marriage because he has promised something to his wife. (Ibid.)
Professor Kerr added:
“The fact that a monarch has agreed to restrict the exercise of his Sovereign Power by swearing to a constitution in no way derogates from the unalienable Sovereignty residing in his person. Although a monarch may restrict the powers he personally exercises by granting a constitution, he, nevertheless, remains the source of power for all other branches and instrumentalities of his government. (The Augustan, vol. 18, no. 4, p. 130)
In other words,
“The constitution derives its force from his assent to it. He is the grantor of whatever rights the constitution bestows . . .” (Ibid) “As a monarch is the source of the Sovereign Power of the state and the grantor of any constitution, he is not deprived of the power conferred upon him by his kingship merely because he has promised to exercise it in a certain way . . .” (Ibid.)
Some suggest if a king or reigning prince is limited, he is not sovereign, however:
“. . . a holder of sovereignty need not be supreme in all matters.” (Daniel Philpott, Revolutions in Sovereignty, 2001, p. 19)
“. . . it [the constitution] ascribes to him sovereignty, imperial dignity, and perfection . . .” (Edward Wynne and William Meechan Bythewood, Eunomus; or, Dialogues concerning the Law and Constitution of England, 1822, p. 418)
HM King Charles III. Even in a constitutional monarchy, all sovereignty legally belongs to the King that decides to assign its use through a constitution
Dr. Marek Stanislaw Korowicz, acclaimed scholar of international law, explains that there is no such thing as a “limitation of Sovereignty.
” Sovereignty cannot be limited, only a “limitation of the exercise of Sovereignty . . . Sovereignty may be limited in a quantitative sense [through checks and balances], but not [in] a qualitative one.” (Some Present Aspects of Sovereignty in International Law, 1961, p. 108)
“… in constitutional monarchies . . . sovereignty rests formally with the crown . . . politically by ‘the people,’ . . . except in times of crisis [if the government must go into exile].” (www.uslaw.com/us_law_dictionary/m/Monarchy)
“The bedrock of the British constitution is the supremacy of the Crown in Parliament.” (Lord Bingham in R (Jackson) v AG 2005 Lords: www.law201.co.uk/12.pdf)
By the aforementioned, we can easily conclude that, even according to contemporary international jurisprudence, if a sovereign ruler is unjustly dispossessed of his/her throne, he (or she) keeps the legal sovereignty during the interregnum in exile. Even having the “ius imperii” and “ius gladii” dormant until the monarchy is restored, both the “ius majestatis” (the right to be recognized and honored by titles, respected, and protected) and the “ius honorum” (the right to honor and reward merit) remain active and intact. In hereditary monarchies, that sovereignty is passed to the lawful heirs in perpetuity.
Both “ius majestatis” and “ius honorum” exist according to international law, however, the exercise of those can be limited or even not recognized according to the domestic law of a country. It’s the prerogative of each State to recognize the exercise of those rights or not. Or even to limit their exercise. But that doesn’t mean they don’t exist. Many Arab countries still don’t recognize the State of Israel, but Israel exists fully as a sovereign State. (See also Prof. Furno’s citation below about China)
Another example is Austria. None disputes the Imperial rights of the Habsburg family according to international law. However, Austria doesn’t allow the family to use any titles, to bestow any honors. or even to use the “Von” (“of/from” in German, indicative of a royal or noble title).
There’s absolutely no reason in international jurisprudence to limit the “ius honorum“. One may either accept that the heirs of deposed sovereigns inherit the “Fons Honorum”, or not. Some scholars, without a single empirical base, state that a lawful heir from a deposed monarch doesn’t have the power to create new orders of chivalry or merit. According to them, the prince pretender has only the right to keep the orders created by the ancestor while ruling. That creates a legal antinomy/paradox since this process is not created “by magic”, the sovereign rights of “Jus Majestatis” and “Jus Conferendi” (“Fons Honorum”) are passed to the lawful heir by blood (“Jus Sanguinis”), as aforementioned, these rights are not dependent on a State (as “Jus Imperii” and “Jus Gladii” are) and that’s why they can continue with the lawful heirs. If “magically” only the valid orders were the ones created while in power, the sovereignty and the “Fons Honorum” would reside on the juridical person of the organization (order), not on the sovereign blood! It’s the same thing as your grandfather leaving you a house as aninheritance and someone with no legal authority tells you that you can only live there from Monday to Thursday.
Deposed sovereigns and their heirs have an “encroached sovereignty” but this so-called “encroachment” exists due to the “dormancy” of “ius imperii” and “ius gladii“. There’s absolutely no literature or jurisprudence in international law stating any limitation on “ius majestatis” and “ius honorum“.
Either the “Fons Honorum” passes by blood or not! The lawful heir or prince pretender of a deposed dynasty exercises his “Fons Honorum” every time a knight is invested. That has nothing to do legally with the date that the order was created and whether it was created during the reign or not!
Some scholars defend that exiled monarchs or heirs cannot create titles that are not historically coherent with the time when the family was ruling. One thing is modesty and coherence. Obviously, it’s of good tone that heads of dynasties apply parsimony, criteria, and good sense when creating a title. But again, there’s absolutely no legal impediment to the creation of any title or honor. Again, we either accept the validity of those legal powers or we don’t since, as demonstrated here, even constitutional limitations are debatable restricting deposed rulers and their heirs. The “government-in-exile emergency situation (interregnum)” accumulates all the sovereign powers in the person of the deposed ruler and/or heirs.
His Majesty the late King Kigeli V of Rwanda was deposed in 1961 and was heavily criticized for creating titles that didn’t exist during the history of the kingdom before the deposition. Another attempt to limit something that cannot be limited. Many dynasties in history have made changes in their presentations, uniforms, titles, etc based on the European nobility. That happened due to the European colonialist pattern. Also, European nobility is more well-known and recognizableinternationallywhen in exile. That same emulation happened in reverse after the first Crusades when European kings imitated the pomp of the Muslim courts.
Some examples of monarchs that adopted “European-inspired” uniforms and honors exercising their sovereign prerogatives
Professor Emilio Furno, an advocate in the Italian Supreme Court of Appeal, writes as follows “The Legitimacy of Non-National Orders”, Rivista Penale, No.1, January 1961, pp. 46-70:
“The qualities which render a deposed sovereign subject of international law are undeniable and in fact constitute an absolute personal right of which the subject may never divest himself and which needs no ratification or recognition on the part of any other authority whatsoever. A reigning sovereign or head of State may use the term recognition in order to demonstrate the existence of such a right, but the term would be a mere declaration and not a constitutive act.” (Furno, op.cit.)
“A notable example of this principle is that of the People’s Republic of China which for a considerable time was not recognized and therefore not admitted to the United Nations, but which nonetheless continued to exercise its functions as a sovereign state through both its internal and external organs.” (Furno, op.cit.)
We see in practice that the principle of sovereign immunity is exercised by deposed sovereigns and their heirs.
Even clear written and recognized renunciations and abdications were revoked and contested in history.
As a clear example, in a declaration dated 31 May 1961, HIRH Archduke Otto von Habsburg (1912-2011), the Head of one of the greatest Imperial and Royal Houses of Europe, the Habsburg-Lorraine, renounced all claims to the Austrian throne and proclaimed himself “a loyal citizen of the republic“a move that he made only after much hesitation and certainly “for purely practical reasons“. In a 2007 interview on the occasion of his approaching 95th birthday, the Archduke stated:
“This was such an infamy, I’d rather never have signed it. They demanded that I abstain from politics. I would not have dreamed of complying [with that demand]. Once you have tasted the opium of politics, you never get rid of it.”
Even with that clear juridical instrument of renunciation, the House of Habsburg-Lorraine is considered very much alive and recognized worldwide. In 2007, after more than 45 years of his abdication, Otto passed the rights to his son Karl.
However, the House of Savoyremains very active with all princes using their titles and bestowing the orders of merit and chivalry, a great example that, if we accept that deposed sovereigns and their heirs inherit the “ius honorum“, there’s absolutely no legal reason to limit this power in any way, shape or form.
The second augmented edition of the book “Middle East – the secret history” awarded in Italy in 2014 – COMING SOON! #princegharios #elchemor #ghassanids #royal #royalty #ghassan #sheikh #ahnumeguerios