Consular protecting power

In diplomatic usage, protecting power refers to a relationship that is initiated when a sovereign state does not have diplomatic representation in another country. A country may, in lieu of sending its own diplomatic representative to the receiving state, appoint a third state to be its protecting power. The third state is responsible for looking after the sending state's diplomatic property and the interests of its citizens in the hosting state.

It is common for protecting powers to be appointed when two countries break off diplomatic relations with each other. If the diplomatic breach was caused by the outbreak of war, the protecting power will also inquire into the welfare of prisoners of war and look after the interests of civilians in enemy-occupied territory.

The institution of protecting power dates back to the Franco-Prussian War of 1870 and was formalized in the Geneva Convention of 1929. Protecting powers are authorized in all four of the Geneva Conventions of 1949. In addition, the International Red Cross may itself be appointed a protecting power under (1977). The practice of selecting a protecting power in time of peace was formalized in the Vienna Convention on Diplomatic Relations (1961).

The protecting power is appointed by the sending 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 sending state, and the host country.

In a comprehensive mandate, the protecting power carries out most diplomatic functions on behalf of the protected state. This is necessary when relations are so 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 was staffed by Cubans and occupied the old Cuban embassy in Washington, D.C., but it was formally a section of the Swiss Embassy to the United States.

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Wikipedia