Sovereign Military Order of Malta

The Sovereign Military Hospitaller Order of Saint John of Jerusalem of Rhodes and of Malta (Sovrano Militare Ordine Ospedaliero di San Giovanni di Gerusalemme di Rodi e di Malta), also known as the Sovereign Military Order of Malta (SMOM), Order of Malta or Knights of Malta, is a Roman Catholic lay religious order of, traditionally, a military, chivalrous and noble nature. It is the world's oldest surviving order of chivalry. The Sovereign Military Order of Malta is headquartered in Rome, and is widely considered a sovereign subject of international law.

SMOM is the modern continuation of the original medieval order of Saint John of Jerusalem, known as the "Fraternitas Hospitalaria" and later as the Knights Hospitaller, a group founded in Jerusalem about 1050 as an Amalfitan hospital to provide care for poor and sick pilgrims to the Holy Land. After the conquest of Jerusalem in 1099 during the First Crusade, it became a military order under its own charter. Following the loss of Christian held territories of the Holy Land to Muslims, the Order operated from Rhodes (1310–1523), and later from Malta (1530–1798), over which it was sovereign.

Although this state came to an end with the ejection of the Order from Malta by Napoleon Bonaparte, the Order as such survived. It retains its claims of sovereignty under international law and has been granted permanent observer status at the United Nations. The order is notable for issuing its own international passports for travel, postal stamps, along with its formal insignia, often portrayed as a white or gold Maltese cross. The order nominally invokes the Blessed Virgin Mary under the venerated Marian title of "Our Lady of Mount Philermos" as its patroness and spiritual intercessor.

Today the order has about 13,000 members; 80,000 permanent volunteers; and 20,000 medical personnel including doctors, nurses, auxiliaries and paramedics in more than 120 countries. The goal is to assist the elderly, handicapped, refugeed, children, homeless, those with terminal illness and leprosy in all parts of the world, without distinction of race or religion. In several countries—including France, Germany and Ireland—the local associations of the Order are important providers of first aid training, first aid services and emergency medical services. Through its worldwide relief corps—Malteser International—the Order is also engaged to aid victims of natural disasters, epidemics and armed conflicts.

In February 2013 the order celebrated its 900th anniversary recognising the Papal bull of sovereignty "Pie Postulatio Voluntatis" formally issued by Pope Paschal II on 15 February 1113, with a general audience given by Pope Benedict XVI and a Holy Mass celebrated by Vatican Secretary of State Cardinal Tarcisio Bertone at Saint Peter's Basilica.

Name and insignia


The Order has a large number of local priories and associations around the world, but there also exist a number of organizations with similar-sounding names that are unrelated, including numerous fraudulent (self-styled) orders seeking to capitalize on the name.

In the ecclesiastical heraldry of the Roman Catholic Church, the Order of Malta is one of only two orders (along with the Order of the Holy Sepulchre) whose insignia may be displayed in a clerical coat of arms. (Laypersons have no such restriction.) The shield is surrounded with a silver rosary for professed knights, or for others the ribbon of their rank. Members may also display the Maltese Cross behind their shield instead of the ribbon.

History
The birth of the Order dates back to around 1048. Merchants from the ancient Marine Republic of Amalfi obtained from the Caliph of Egypt the authorisation to build a church, convent and hospital in Jerusalem, to care for pilgrims of any religious faith or race. The Order of St. John of Jerusalem – the monastic community that ran the hospital for the pilgrims in the Holy Land – became independent under the guidance of its founder, Blessed Gérard. With the Bull of 15 February 1113, Pope Paschal II approved the foundation of the Hospital and placed it under the aegis of the Holy See, granting it the right to freely elect its superiors without interference from other secular or religious authorities. By virtue of the Papal Bull, the Hospital became an Order exempt from the local Church. All the Knights were religious, bound by the three monastic vows of poverty, chastity and obedience.

The constitution of the Kingdom of Jerusalem regarding the crusades obliged the Order to take on the military defence of the sick, the pilgrims, and the territories that the crusaders had captured from the Muslims. The Order thus added the task of defending the faith to that of its hospitaller mission.

As time went on, the Order adopted the white eight-pointed Cross that is still its symbol today. The eight points represent the eight "beatitudes" that Jesus referred in his Sermon on the Mount.

Rhodes
When the last Christian stronghold in the Holy Land fell in 1291, the Order settled first in Cyprus and then, in 1310, led by Grand Master Fra’ Foulques de Villaret, on the island of Rhodes. From there, defense of the Christian world required the organization of a naval force; so the Order built a powerful fleet and sailed the eastern Mediterranean, fighting many famous battles for the sake of Christendom, including Crusades in Syria and Egypt.

In the early 14th century, the institutions of the Order and the knights who came to Rhodes from every corner of Europe were grouped according to the languages they spoke. The initial seven such groups, or Langues (Tongues) – Provence, Auvergne, France, Italy, Aragon (Navarre), England (with Scotland and Ireland), and Germany – became eight in 1492, when Castille and Portugal were separated from the Langue of Aragon. Each Langue included Priories or Grand Priories, Bailiwicks, and Commanderies.

The Order was governed by its Grand Master (the Prince of Rhodes) and Council. From its beginning, independence from other nations granted by pontifical charter and the universally recognised right to maintain and deploy armed forces constituted grounds for the international sovereignty of the Order, which minted its own coins and maintained diplomatic relations with other States. The senior positions of the Order were given to representatives of different Langues.

Malta
After six months of siege and fierce combat against the fleet and army of Sultan Suleiman the Magnificent, the Knights were forced to surrender in 1523 and left Rhodes with military honours. The Order remained without a territory of its own until 1530, when Grand Master Fra’ Philippe de Villiers de l’Isle Adam took possession of the island of Malta, granted to the Order by Emperor Charles V, Holy Roman Emperor and his mother Queen Joanna of Castile as monarchs of Sicily, with the approval of Pope Clement VII, for which the Order had to honour the conditions of the Tribute of the Maltese Falcon.

The Reformation which split Western Europe into Protestant and Roman Catholic states affected the Knights as well. In several countries, including England and Scotland, the Order was disestablished. In others, including the Netherlands and Germany, entire bailiwicks or commanderies (administrative divisions of the Order) experienced religious conversions. The "Johanniter orders" are the continuations of these converted divisions in Germany, the Netherlands, Sweden, and other countries, including the United States and South Africa. It was established that the Order should remain neutral in any war between Christian nations.


 * Great Siege

In 1565 the Knights, led by Grand Master Fra’ Jean de la Vallette (after whom the capital of Malta, Valletta, was named), defended the island for more than three months during the Great Siege by the Turks. The fleet of the Order, then one of the most powerful in the Mediterranean, contributed significantly to the ultimate destruction of the Ottoman naval power in the Battle of Lepanto in 1571, led by Don Juan of Austria, half brother of King Philip II of Spain.

Exile
Two hundred years later, in 1798, the Order surrendered the Maltese islands to the French First Republic. The Order was dissolved and the knights were expelled from Malta.

The Treaty of Amiens (1802) obliged the United Kingdom to evacuate Malta which was to be restored to a recreated Order of St. John, whose sovereignty was to be guaranteed by all of the major European powers, to be determined at the final peace. However, this was not to be because objections to the treaty quickly grew in the UK.

Bonaparte's rejection of a British offer involving a ten-year lease of Malta prompted the reactivation of the British blockade of the French coast; Britain declared war on France on 18 May.

The 1802 treaty was never implemented. The UK gave its official reasons for resuming hostilities as France's imperialist policies in the West Indies, Italy and Switzerland.

Rome
After having temporarily resided in Messina, Catania, and Ferrara, in 1834 the precursor of the Sovereign Military Order of Malta settled definitively in Rome, where it owns, with extraterritorial status, the Magistral Palace in Via Condotti 68 and the Magistral Villa on the Aventine Hill.

The original hospitaller mission became the main activity of the Order, growing ever stronger during the last century, most especially because of the contribution of the activities carried out by the Grand Priories and National Associations in so many countries around the world. Large-scale hospitaller and charitable activities were carried out during World Wars I and II under Grand Master Fra’ Ludovico Chigi Albani della Rovere (1931–1951). Under the Grand Masters Fra’ Angelo de Mojana di Cologna (1962–1988) and Fra’ Andrew Bertie (1988–2008), the projects expanded.

Return to Malta
Two bilateral treaties have been concluded with the Government of the Maltese State. The first treaty is dated 21 June 1991 and is now no longer in force. The second treaty was signed 05 December 1998 but ratified  01 November 2001.

This agreement grants the Order the use with limited extraterritoriality of Fort St Angelo in the town of Birgu, Malta. Its stated purpose is "to give the Order the opportunity to be better enabled to carry out its humanitarian activities as Knights Hospitallers from Saint Angelo, as well as to better define the legal status of Saint Angelo subject to the sovereignity of Malta over it".

The agreement has a duration of 99 years but the document allows the Maltese Government terminate it at any time after 50 years. In terms of the agreement, the flag of Malta is to be flown together with the flag of the Order in a prominent position over Saint Angelo. No asylum may be granted by the Order and generally the Maltese courts have full jurisdiction and Maltese law shall apply. A number of immunities and privileges are mentioned in the second bilateral treaty.

No immunities were contemplated by the first treaty.

International status
With its unique history and unusual present circumstances, the exact status of the Order in international law has been the subject of debate. It describes itself as a "sovereign subject of international law." Its two headquarters in Rome — the Palazzo Malta in Via di Condotti 68, where the Grand Master resides and Government Bodies meet, and the Villa del Priorato di Malta on the Aventine, which hosts the Grand Priory of Rome — Fort Saint Angelo on the island of Malta, the Embassy of the Order to Holy See and the Embassy of the Order to Italy have all been granted extraterritoriality.

Unlike the Holy See, however, which is sovereign over Vatican City and thus has clear territorial separation of its sovereign area and that of Italy, SMOM has had no territory since the loss of the island of Malta in 1798, other than only those current properties with extraterritoriality listed above. Italy recognizes, in addition to extraterritoriality, the exercise by SMOM of all the prerogatives of sovereignty in its headquarters. Therefore, Italian sovereignty and SMOM sovereignty uniquely coexist without overlapping. The United Nations does not classify it as a "non-member state" or "intergovernmental organization" but as one of the "other entities having received a standing invitation to participate as observers." For instance, while the International Telecommunication Union has granted radio identification prefixes to such quasi-sovereign jurisdictions as the United Nations and the Palestinian Authority, SMOM has never received one. For awards purposes, amateur radio operators consider SMOM to be a separate "entity", but stations transmitting from there use an entirely unofficial callsign, starting with the prefix "1A". Likewise, for internet identification, the SMOM has neither sought nor been granted a top-level domain, while Vatican City uses its own domain (.va).

There are differing opinions as to whether a claim to sovereign status has been recognized. Ian Brownlie, Helmut Steinberger, and Wilhelm Wengler are among experts who say that the claim has not been recognized. Even taking into account the Order's ambassadorial diplomatic status among many nations, a claim to sovereign status is sometimes rejected. The Order maintains diplomatic missions around the world and many of the states reciprocate by accrediting ambassadors to the Order.

Wengler—a German professor of international law—addresses this point in his book Völkerrecht, and rejects the notion that recognition of the Order by some states can make it a subject of international law. Conversely, professor Rebecca Wallace —writing more recently in her book International Law—explains that a sovereign entity does not have to be a country, and that SMOM is an example of this. This position appears to be supported by the number of nations extending diplomatic relations to the Order, which more than doubled from 49 to 100 in the 20-year period to 2008. In 1953, the Holy See proclaimed that the Order of Malta was a "functional sovereignty"— because it did not have all that pertained to sovereignty, such as territory. On 24 June 1961, Pope John XXIII approved the Constitutional Charter, which contains the most solemn reaffirmations of the sovereignty of the Order. Article 1 affirms that "the Order is a legal entity formally approved by the Holy See. It has the quality of a subject of international law." Article 3 states that "the intimate connection existing between the two qualities of a religious order and a sovereign order do not oppose the autonomy of the order in the exercise of its sovereignty and prerogatives inherent to it as a subject of international law in relation to States."

SMOM has formal diplomatic relations with 104 states and has official relations with another six countries and the European Union. Additionally it has relations with the International Committee of the Red Cross and a number of international organizations, including observer status at the UN and some of the specialized agencies. Its international nature is useful in enabling it to pursue its humanitarian activities without being seen as an operative of any particular nation. Its sovereignty is also expressed in the issuance of passports, licence plates, stamps, and coins.

The SMOM coins are appreciated more for their subject matter than for their use as currency; SMOM postage stamps, however, have been gaining acceptance among Universal Postal Union member nations.

The SMOM began issuing euro-denominated postage stamps in 2005, although the scudo remains the official currency of the SMOM. Also in 2005, the Italian post agreed with the SMOM to deliver internationally most classes of mail other than registered, insured, and special-delivery mail; additionally 56 countries recognize SMOM stamps for franking purposes, including those such as Canada and Mongolia that lack diplomatic relations with the Order.

Governance


The proceedings of the Order are governed by its Constitutional Charter and the Order's Code. It is divided internationally into six territorial Grand Priories, six Sub-Priories and 47 national associations.

The supreme head of the Order is the Grand Master, who is elected for life by the Council Complete of State, holds the precedence of a cardinal of the Church since 1630 and received the rank of Reichsfürst (Prince of the Holy Roman Empire) in 1607. Fra' Matthew Festing was elected by the Council as 79th Grand Master on 11 March 2008, succeeding Fra' Andrew Bertie, who was Grand Master until his death on 7 February 2008. Electors in the Council include the members of the Sovereign Council, other office-holders and representatives of the members of the Order. The Grand Master is aided by the Sovereign Council (the government of the Order), which is elected by the Chapter General, the legislative body of the Order. The Chapter General meets every five years; at each meeting, all seats of the Sovereign Council are up for election. The Sovereign Council includes six members and four High Officers: the Grand Commander, the Grand Chancellor, the Grand Hospitaller and the Receiver of the Common Treasure. The Grand Commander is the chief religious officer of the Order and serves as "Interim Lieutenant" during a vacancy in the office of Grand Master. The Grand Chancellor, whose office includes those of the Ministry of the Interior and Ministry of Foreign Affairs, is the head of the executive branch; he is responsible for the Diplomatic Missions of the Order and relations with the national Associations. The Grand Hospitaller's responsibilities include the offices of Minister for Humanitarian Action and Minister for International Cooperation; he coordinates the Order's humanitarian and charitable activities. Finally, the Receiver of the Common Treasure is the Minister of Finance and Budget; he directs the administration of the finances and property of the Order.

Patrons of the Order of Malta since 1961
The patron, who is always a cardinal, has the task of promoting the spiritual interests of the Order and its members, and its relations with the Holy See.
 * Paolo Cardinal Giobbe (8 August 1961 – 3 July 1969)
 * Giacomo Cardinal Violardo (3 July 1969 – 17 March 1978)
 * Paul-Pierre Cardinal Philippe, O.P. (10 November 1978 – 9 April 1984)
 * Sebastiano Cardinal Baggio (26 May 1984 – 21 March 1993)
 * Pio Cardinal Laghi (8 May 1993 – 11 January 2009)
 * Paolo Cardinal Sardi (6 June 2009 – present)

Membership


Membership in the order is divided into three classes and subdivided into several categories, i.e.:


 * First Class, containing only one category: Knights of Justice or Professed Knights, and the Professed Conventual Chaplains, who take religious vows of poverty, chastity, and obedience and form what amounts to a religious order (until the 1990s membership in this class was restricted to members of families with noble lineages).
 * Second Class: Knight and Dames of Obedience, similarly restricted until recently, these knights and dames make a promise, rather than a vow, of obedience. This class is subdivided into three categories, namely that of Knight and Dames of Honour and Devotion in Obedience, Knight and Dames of Grace and Devotion in Obedience, and Knight and Dames of Magistral Grace in Obedience.
 * Third Class, which is subdivided into six categories: Knights and Dames of Honour and Devotion, Conventual Chaplains ad honorem, Knights and Dames of Grace and Devotion, Magistral Chaplains, Knights and Dames of Magistral Grace, and Donats (male and female) of Devotion.

All categories of this class are made up of members who take no vows and who had to show a decreasingly extensive history of nobility (knights of magistral grace need not prove any noble lineage and are the commonest class of knights in the United States). Within each class and category of knights are ranks ranging from bailiff grand cross (the highest) through knight grand cross, and knight — thus one could be a "knight of grace and devotion," or a "bailiff grand cross of justice." The final rank of donat is offered to some who join the order in the class of "justice" but who are not knights. Bishops and priests are generally honorary members, or knights, of the Order of Malta. However, there are some priests who are full members of the Order, and this is usually because they were conferred knighthood prior to ordination. The priests of the Order of Malta are ranked as Honorary Canons, as in the Order of the Holy Sepulchre; and they are entitled to wear the black mozetta with purple piping and purple fascia.

Prior to the 1990s, all officers of the Order had to be of noble birth (i.e., armigerous for at least a hundred years), as they were all knights of justice or of obedience. However, Knights of Magistral Grace (i.e., those without noble proofs) now may make the Promise of Obedience and, at the discretion of the Grand Master and Sovereign Council, may enter the novitiate to become professed Knights of Justice.

Worldwide, there are over 13,000 knights and dames, a small minority of whom are professed religious. Membership of the Order is by invitation only and solicitations are not entertained.

The Order's finances are audited by a Board of Auditors, which includes a President and four Councillors, all elected by the Chapter General. The Order's judicial powers are exercised by a group of Magistral Courts, whose judges are appointed by the Grand Master and Sovereign Council.

Military Corps of the Order
The Order states that it was the hospitaller role that enabled the Order to survive the end of the crusading era; nonetheless, it retains its military title and traditions. On March 26, 1876 the Association of the Italian Knights of the Sovereign Military Order of Malta (ACISMOM) formed a Military Corps to provide medical support to the Italian Army, that on April 9, 1909 did officially become a special auxiliary volunteer corps of the Italian Army under the name Corpo Militare dell'Esercito dell'ACISMOM (Army Military Corps of the ACISMOM), wearing Italian uniforms. Since then the Military Corps have operated with the Italian Army both in wartime and peacetime in medical or paramedical military functions, and in ceremonial functions for the Order, such as standing guard around the coffins of high officers of the Order before and during funeral rites. Fausto Solaro del Borgo, President of the Italian Association of the Sovereign Military Order of Malta, stated in a speech given in London in November 2007: "I believe that it is a unique case in the world that a unit of the army of one country is supervised by a body of another sovereign country. Just think that whenever our staff (medical officers mainly) is engaged in a military mission abroad, there is the flag of the Order flying below the Italian flag."

Hospital trains
The Military Corps has become known in mainland Europe for its operation of hospital trains, a service which was carried out intensively during both World Wars. The Military Corps still operate a modern 28 cars hospital train with 192 hospital beds, serviced by a medical staff of 38 medics and paramedics provided by the Order and a technical staff provided by the Italian Army Railway Engineers Regiment.

Order of Malta aircraft
In 1947, after the post-World War II peace treaty forbade Italy to own or operate bomber aircraft and only operate a limited number of transport aircraft, the Italian Air Force opted to transfer some of its SM.82 aircraft to the Sovereign Military Order of Malta, pending the definition of their exact status (the SM.82 were properly long range transport aircraft that could be adapted for bombing missions). These aircraft were operated by Italian Air Force personnel temporarily flying for the Order, carried the Order's roundels on the fuselage and Italian ones on the wings, and were used mainly for standard Italian Air Force training and transport missions but also for some humanitarian tasks proper of the Order of Malta (like the transport of sick pilgrims to the Lourdes sanctuary). In the early '50s, when the strictures of the peace treaty had been much relaxed by the Allied authorities, the aircraft returned under full control of the Italian Air Force. One of the aircraft transferred to the Order of Malta, still with the Order's fuselage roundels, is preserved in the Italian Air Force Historical Museum.