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Concept
Protecting power
Summary
A protecting power is a country that represents another sovereign state in a country where it lacks its own diplomatic representation. It is common for protecting powers to be appointed when two countries break off diplomatic relations with each other. The protecting power is responsible for looking after the protected power's diplomatic property and citizens in the hosting state. If diplomatic relations were broken 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 Protocol I (1977). The practice of selecting a protecting power in time of peace was formalized in the Vienna Convention on Diplomatic Relations (1961).
De facto embassy
The protecting power is appointed by the protected power 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 the protecting power to be a neutral country. The specific responsibilities and arrangements are agreed between the protecting power, the protected power, and the host country.
In a comprehensive mandate, the protecting power carries out most diplomatic functions on behalf of the protected power. 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 nevertheless willing to exchange personnel on an informal basis. The protecting power serves as the mechanism for facilitating this exchange.
Official source
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