Asylum

Question 1:
Introduction:
The word asylum is a Latin word and derived from the Greek word ‘Asylia’ which means inviolable place.
The term is referred to those cases where the territorial State declines to surrender a person to the
requesting state and provides shelter and protection in its own territory.
Definition:
According to Starke, the conception of asylum in International law involves two elements:
 Shelter, which is more than merely temporary refugee ; and

 A degree of active protection on the part of the authorities in control of the territory of asylum

According to Article 14 of the Universal declaration of Human Rights:

1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from non-political
crimes or from acts contrary to the purposes and principles of the United Nations.
Basis of Asylum:
A State has a right to grant asylum to a person on the principle that it has a sovereign right to
control over the individuals found on its territory.This right is exclusive in the sense that other states are
excluded to exercise the jurisdiction over the same territory.But the state’s right to grant asylum is not
absolute, it cannot be exercised in respect of international crimes including genocides.
Reasons for Asylum:

A state grants asylum to a person because of many reasons:
 It is granted to save a person from jurisdiction of local authorities on the ground that he will not
get fair trial.
 A person may be granted asylum on humanitarian grounds, in order to protect political
offenders against the violent and disorderly action of irresponsible section of the population.
 National security also plays an important role in granting asylum. The offender who may be a
rebel today may become a ruler in future date.
Kinds/ Types of Asylum
There are two types of Asylum are as follows:
 Territorial Asylum
 Extra-territorial Asylum
Territorial Asylum:
Territorial Asylum is granted by a State on its Territory, it is called Territorial Asylum.
The right to grant asylum by a State to a person on its own territory flows from the fact that every State
exercises territorial sovereignty over all persons, on its territory to anyone.
Some examples of territorial Asylum -
 Baby Dok have been given asylum by France.

 Dawood Ibrahim mafia Don is given asylum by Dubai Government.
Extra-territorial Asylum:
Active protection is given outside the territory not belonging to the state granting
it. Thus when Asylum is granted by a State at places outside its own territory. It is called extra-territorial
Asylum’.Such type of Asylum is given at legation, consular premises and warships.
Question 2:
Extra-territorial asylum includes the following:
1. Diplomatic Asylum / Asylum in Legation:
Since granting extra-territorial Asylum or diplomatic Asylum involves derogation from the
sovereignty of the State, International law ordinarily does not recognize a right to grant asylum in the
premises of legation. But asylum may be granted in the legation premises in the following exceptional
cases.
 Individual who are physically in danger from violence.

 Where there is well established and binding local custom.
 When there is a special treaty between territorial State and the state of Legation concern.
2. Asylum in consular premises -
The above principle also applies in the case of Grant of asylum in consular premises.
3. Asylum in the premises of international institution

Though International Law does not recognize any rule regarding the grant of asylum in the premises
of International institution, however, temporary Asylum may be granted in case of danger of imminent
violation.
4. Asylum in Warship –
As far as an asylum Warship is concerned, it may be granted on the ground of humanity, in cases if
extreme danger to the individual seeking it. Thus, right to grant asylum on Warship may be granted in
the same way in the case of Legation and also subject to the operation of the same conditions.
5. Asylum in Merchant Vessels -

Since merchant vessels do not enjoy immunity from local jurisdiction, they are not
competent to Grant asylum to local offenders. Thus, if a person after committing a crime on shore seeks
asylum on board a foreign merchant ship he may be asserted by the local police, either before the ship
leaves the port or when it comes into another port of the same State. There is, therefore a rule that
asylum is not granted on merchant vessels. However, State may grant asylum if they conclude a treaty
to this effect.
Thus, in Extra-territorial or diplomatic Asylum, Asylum can be granted in exceptional cases
and it is necessary to establish legal basis in each particular case.

Asylum

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Asylum

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Question 1:

 Shelter, which is more than merely temporary refugee ; and

According to Article 14 of the Universal declaration of Human Rights:

Reasons for Asylum:

Some examples of territorial Asylum -

 Baby Dok have been given asylum by France.

 Individual who are physically in danger from violence.

3. Asylum in the premises of international institution

5. Asylum in Merchant Vessels -

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