Pope Benedict's decision to live in the Vatican after he resigns will provide him with security and privacy. It will also offer legal protection from any attempt to prosecute him in connection with sexual abuse cases around the world, Church sources and legal experts say.
"His continued presence in the Vatican is necessary, otherwise he might be defenseless. He wouldn't have his immunity, his prerogatives, his security, if he is anywhere else," said one Vatican official, speaking on condition of anonymity. "It is absolutely necessary" that he stays in the Vatican, said the source, adding that Benedict should have a "dignified existence" in his remaining years.
The 1929 Lateran Pacts between Italy and the Holy See, which established Vatican City as a sovereign state, said Vatican City would be "invariably and in every event considered as neutral and inviolable territory".
There have been repeated calls for Benedict's arrest over sexual abuse in the Catholic Church. When Benedict went to Britain in 2010, British author and atheist campaigner Richard Dawkins asked authorities to arrest the pope to face questions over the Church's child abuse scandal. Dawkins and the late British-American journalist Christopher Hitchens commissioned lawyers to explore ways of taking legal action against the pope. Their efforts came to nothing because the pope was a head of state and so enjoyed diplomatic immunity.
In 2011, victims of sexual abuse by the clergy asked the International Criminal Court to investigate the pope and three Vatican officials over sexual abuse. The New York-based rights group Center for Constitutional Rights (CCR) and another group, Survivors Network of those Abused by Priests (SNAP), filed a complaint with the ICC alleging that Vatican officials committed crimes against humanity because they tolerated and enabled sex crimes. The ICC has not taken up the case but has never said why. It generally does not comment on why it does not take up cases.