Asylum

Asylum
Introduction:
Asylum, in international law, the protection granted by a state to a foreign citizen
against his own state. The person for whom asylum is established has no legal right
to demand it, and the sheltering state has no obligation to grant it.
It is pertinent to first understand the term ‘Asylum’. It has been derived from a Greek
word whose Latin counterpart is ‘Asylon’ and it means ‘freedom from seizure’.
There is no specific definition of Asylum but it can be understood as legal protection
granted to the people who have fled their home countries due to warship, conflict,
persecution, or fear of persecution. It is a possibility to remain in a country either
permanently or for a temporary period. A person who seeks asylum i.e. an asylum
seeker is known as an ‘Asylee’.
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. Thus, the right of territorial
asylum has been conferred to a state on the basis of its sovereignty over the territory.
This right is exclusive in the sense that other states are excluded to exercise the
jurisdiction over the same territory.
The draft Convention on territorial Asylum adopted by the General assembly in 1974
has recognized under Article. 1, that the grant of asylum is a sovereign right of a
state. The territorial jurisdiction right extends, by application to the embassies,
legations, vessels and aircrafts.
Reason’s For Asylum:

A state grant 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.
 Although a State may grant asylum after taking into consideration of any of
the above factors, State adopt a cautious approach before doing so because it
normally affects the friendly relations of two states.
Types of Asylum:
There are two types of asylum which 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. The grant of territorial asylum therefore depends upon the
discretion of a State which is not under a legal obligation to grant asylum to fugitive,
as no precise rules as to grant of territorial asylum. General Assembly call upon
the International Law Commission in 1959 to undertake the codification of the
principles and rules of international law relating to right of asylum. On 14th
December 1967 General Assembly adopted Declaration of Territorial Asylum
through the adoption of resolution. The declaration consists of a Preamble and four
Articles dealing with the principles relating to the grant of refusal of asylum. This
Declaration provides that the right to seek and enjoy asylum may not be invoked by
any person with respect to whom there are serious reasons for considering that he
has committed a crime against peace, a war crimes and crimes against humanity.
Article 4 of the this Declaration provides that the State granting asylum shall not
permit persons who have received asylum to engage in the activities contrary to the
purpose and principles of United Nations. From the above provisions of the
declaration it is clear that State does not have absolute right to grant asylum. The
grant of asylum is a part of which cannot be exercised in respect of International
crimes including genocides.
Examples:
The few example of territorial asylum are as follows
 Idi Amin has been given by Saudi Arabia.
 Baby Dok have been given asylum by France.
 Dawood Ibrahim mafia Don is given asylum by Dubai Government.
 Salman Rushdie for his controversial novel Satanic Verses given Asylum by
Great Britain.
 Talisman Noreen a Bangladeshi writer for her novel Raja granted asylum by
Sweden.
 Tiger Menno, wanted in Bombay Bomb blast case, granted asylum by
Pakistan.
 Dalai Lama and his followers was granted asylum by government of India.
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’. It usually describes to those cases in which a State
refuses to surrender a person demanding who is not upon its own physical territory
but is upon one of its public ships lying in foreign territorial borders or upon its
diplomatic premises within foreign territories. Thus Asylum is given at legation,
consular premises and warships are the instances of extra-territorial asylum.
Diplomatic Asylum:
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 diplomacy. But asylum may be granted in
the diplomatic 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.
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 in the International Premises:
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.
Whether a person taking refuge in the premises of an international institution or
organization would be granted asylum is a question which cannot be given with
certainty in the absence of any rule in this regard and also because of lack of practice.
However, a right to grant temporary refuge in an extreme case of danger from mob
cannot be ruled out.
Asylum in Warship:
There are conflicting views to grant of asylum in warship, but it is argued that
Asylum may be granted to political offenders.
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.
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.

Asylum

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Asylum

Uploaded by

Copyright:

Available Formats

Asylum

Reason’s For Asylum:

Extra territorial Asylum:

You might also like