All heads of state are immune to foreign civil suits (and probably criminal actions too).
But they resk being declared
persona no grata. As I see it, a foreign governmental body that purposely avails itself of conducting business in the host jurisdiction (accepts donations) submits itself to the laws and their administration by the courts of the jurisdiction. While the Pope may be immune, a sanction of forefiture may be within the asenal of a court with jurisdiction.
As one who hasn’t followed all the hoopla about these abuse cases, I have no “horse” in the race, nor I have invested much time or energy in reading about real or alleged abuses.
To clarify my understanding. The pope’s brother was involved with a choir where sexual/other abuses occured or were alleged to occur. The leadership didn’t take appropriate actions because they either didn’t know about the abuses or didn’t “care” about correcting the abuses (for whatever reasons, including, but not limited to, embarrassment to the church and/or priesthood).
To whatever extent the pope may have been involved in the “abuse,” or had any knowledge of, connection to, or leadership involvement with the abusers/alleged abusers, he should testify if the case comes to trial(s).
I find it hard to believe that those in leadership, particularly for any protracted period of time, are completely unaware of the shortcomings of their subordinates. If they are, it is either because they wilfully choose to be so, or are incompetent (or are involved themselves). In any case, there should be consequences for their failed leadership, including assisting those with the authority/responsibility to protect those who have been injured.
The pope shouldn’t try to hide behind his “cross,” but deny himself and take it up.