Asylum
1. Introduction:
Asylum is the protection that a state gives on its territory or in some other place under the control of certain of its organs to a person who comes to seek it. it is the right of every state to refuse to extradite any refugee in certain circumstances.
2. Meaning:
The word Asylum is Latin and derived from the Greek word "Asylia" which means unavoidable place.
3. Definition:
Asylum is shelter and active protection extended to a political refugee from another state by a state that admits him on his request.
4. 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 the individual found on its territory. the right of territorial asylum has been conferred to a state on the basis of its sovereignty over territory.
5. Elements of Asylum:
There are two main elements of Asylum which are the following.
(a) Shelter.
(b) Active protection on the part of the authorities in control of the territory of asylum.
6. Reasons for Asylum:
The following can be the main reasons for granting asylum.
To save a person from the jurisdiction of the local authority.
May be granted on extra-legal grounds so on humanitarian grounds.
For the sake of national security.
7. Right of a person to claim asylum:
In accordance with the "universal declaration of human rights under Article 15, "everyone has a right to seek and enjoy in other countries asylum from prosecution.
8. Types of Asylum:
Asylum has two types.
- (i) Territorial asylum.
- (ii) Extraterritorial or diplomatic asylum.
I. Territorial asylum:
When asylum is granted by a state in its own territory it is called territorial asylum. a state has the right to admit or expel any person found on its territory. the grant of territorial asylum is discretionary in its nature.
(i) Reason for grating territorial asylum:
The right to grant asylum by a state to a person on its territory flows from the fact that every state exercises territorial sovereignty over all persons, on its territory.
(ii) Resolution of the general assembly on asylum 1969:
According to the resolution of the General Assembly on asylum 1967, the states shall do the following in granting asylum.
Where a person requests for asylum his request should be accepted.
If the state feels difficulty in granting asylum, then it must take appropriate measures.
If asylum is granted, it should be respected by other states.
II. Extra territorial or diplomatic asylum:
When asylum is granted by a state at places outside its own territory it is called extra-territorial or diplomatic asylum.
M'cnair views:
The term extra-territorial or diplomatic asylum is usually, described in those cases in which a state declines to surrender a person demanded who is not upon its own physical territory but upon one of its public ships lying in foreign territorial waters or upon its diplomatic premises within foreign territory.
Classification of extraterritorial or diplomatic asylum:
Extraterritorial or diplomatic asylum can be classified into the following.
(i) Asylum in legation or foreign embassies:
Where asylum is granted by a state within its embassy premises situated in a foreign country it is called asylum in legation. There is no general right to grant asylum on the premises of the legation. The International Court of Justice held that there is no general right of diplomatic asylum.
Exceptional cases:
Diplomatic asylum can be granted in the following cases.
- It can be granted for a temporary period.
- It can be granted where there is a well-established custom.
- It can be granted where there is a treaty.
(ii) Asylum in consulates:
The rules regarding asylum in consulates are similar to that of asylum in diplomatic or legation.
(iii) Asylum in warships:
Men of war and public vessels of foreign states, while in the post or internal waters of another state are exempted from the jurisdiction of latter for the certain objects. asylum in warships may be granted on grounds of humanity and fugitive once or board is perhaps immune from seizure by the territorial state.
(iv) Asylum in Merchant Vessels:
Merchant vessels are not exempted from the local jurisdiction and therefore asylum can be granted to an offender however asylum can be granted if they conclude a treaty to this effect.
(v) Asylum on the premises of international institutions:
International law does not recognize rules regarding the grant of asylum in the premises of international institutions. however temporary asylum may be granted in an extreme case of danger.
9. Conclusion:
To conclude it can be said that, asylum is shelter and active protection extended to a political refugee from another state by a state that admits him of his request. it has two main from territorial and extra-territorial asylum. the main difference between the two is in the territorial asylum the refugee is within the territory of the state or refuge and in the case of extraterritorial the refugee is within the territory of the state where the offense was committed.