aw
n proceeding
Lecture-X
he prisn ASY L U M
made for h
e delivery
covers
This Lecture
-
nal Law.Bu Meaning and Definition.
ner.
2. Kinds of Asylum
held that
on the Stat
1. Meaning and Definition
ned. Whem Meaning: The term"ASylum is derived from the
lar way, theWhen nd
a 'svlun', which mean "not and
Latin words
"right of seizure" respectively
This. the term 'Asylum means "a sanctuary or place of refuoe
return him Tt iterally means "Providing shelter and protection on request and
n the sound
subject to control by a state, to a political;refuge of another state".
In other words, if a person commits crime and fled for another state
7). In this to take shelter in another country. Such shelter and protection
re (then a extended by the foreign state is called 'Asylum'.
ber of the
Definition: According to Starke, the conception of asylum in
uly, 1952
nment of international law involves two elements: (a) shelter, which is more
inst them than mere temporary refuge; and (b) a degree of active protection
for their on the part of the authorities in control of the territory,of asylum.
s for the The Instituté of International Law, at its Bath Session in
ne; India
be made September 1950, defined the term "asylum" as under:
ountries Asylum is the protection which a State grants on its territory
n g with Or in some o t h e r p l a c e u n d e r t h e c o n t r o l o f c e r t a i n of its organs to a
line to
person who comes to seek."
fenders notions:
itution, The term sylum' is used to describe a number of legal
the
the grant States territory to refugees,
ugitive by of admission into their
wnicn
bound country in respect of
o f refugees against return to a
o may they persecution and non-extradition of political offenders.
The extradition is the
-s, it is The above elements of asylum will show that it where
s Act antithesis of territorial asylum.Asylum
nithesis stops, as
were,
nto extradition begins.
79
S i m i l a r l % A r t .
Rights &International Law
International U
nit
n
on Human
80 Lectures the
1 9
Universal Declaration
14 of the of
Humanon December
adopted
b y
1 4 ,
According to Article of the United NHn
the General
Assembly United Nations A s y l u mg r a n
rights, adopted by topersonsentitled
December 10, 1948: o f
and to enicoy
to seek and in
has the right othe
H u m a nR i g h t si n c l
1. Every one
from persecution. al
countries asylum respected by
not be
invoked
in the case of prose
secutic "Ther i g h t t o
2. This right may from non-political crimes or from act be
genuinely arising and ples
principl of the Unit a n yp e r s o n w i t h
the purposes
contrary to consieringthat he
Nations Asylunm
againsi
2. Kinds of crime
a
under two heads, namel or "Tt s h a l l r e
be categorised
Asylum may the g
and tor
)Territorial or Intermal Asylum; grounds
Under Art.
Extra-territoriat or Diplomatic Asylum. continuing to gra
i)Territorial or Internal Asylum: If the Asylum is granted the United Natio
"Territorial Asylum". It is an
its territory, it is called appropriate m e a
by the State on
of the State-granting asylum
indication of the territorial sovereignty Grant of
and asks for asylum from the State,
Ifan individual leaves his country Dalai Lama anc
he to settle in, it is tertitorial asylum.
wishes IS an example o
staie
to traditional International law, the sovereign
According
its discretion. ks Further, Ir
has a right to grant asylum within the territory of
in u from East Paki.
basis is the territorial supremacy of the state over all persons
General Yahya=
territory, whether subjects or aliens.
The General Assembly recognized as early as
in 1948 in Arti ii) Extre
of the Universal Declaration of Human Rights the right
of everyon asylum outsid
or legations a
persecution.
to seek and to enjoy in other countries asylum from
Asylum or diplomatic
According to Article 1 of the Convention on Territorial s
adopted at Caracas on March 28, 1954:
sovereignty,
o heads. Extra te
"Every State has the right in the exercise ofits wit
admit into its
territory such persons as it deems
advisable
ny othe
other a) Asy
through the exercise ofthis right, giving rise to complain' oy
b) Asy
State."
c) As
WR-L-6s
Law
n of Huma Asylum
NatNat ionnss imilarly, Art.1 ofthe
adopted by the United Nations
Declaration on
Territorial Asylum as
General Assembly
81
oy in othe in its
December 14,
1967, states:
resolution
of
sylum granted by a State, in the exercise of its
"ASytled
personsentitled to invoke Art.14 of the
s
overeignty,
rtheosecutUniteio
r from acda pershts
to
Human Righ including persons ruggling
other
by all
against
States."
Universal
Declaration of
colonialism, shall
be respected
right to seek and to
enjoy asylum may not be
any person with respect to whom there are serious invoked by
an w,
reasons for
that
considering that he has committed a crime against
peace, a war crime
ely: or a
crime against humanity."
tshall rest with the State granting asylum to evaluate the
grounds for the grant of asylum."
Under Art.2, "Where a State finds difficulty in granting or
is granted continuing to grant asylum, States individually or jointly or through
". It ism the United Nations shall consider, in a spirit of international solidarity,
g asylum appropriate measures to lighten the burden on that State."
the Stat Grant of territorial asylum by India: The grant of asylum to
Dalai Lama and his Tibettan followers within the territory of India
is an example of territorial asylum.
eign state
tion. Ifs Further, India granted territorial asylum to millions of refugees
onsin the from East Pakistan (New Bangladesh) during the military regime of
General Yahya Khan.
inArt4 1) Extra Territorial/Diplomatic Asylum: If a state grants
veryane ayum outside its territory i.e. in its Embassy in a foreign country
tion. aons abroad or in a public vessel, it is called extra terrilorta
or diplomatic asylum.
Asylun
heads.AUra territorial asylum may be classified under the following
wthout a)
y oth
Asylum in Foreign Legations.
D)
Asylum in Consular Premises.
c)
Asylumiin the Premises of International Institutions.
HR-L-6
International
on Human Rights &
z
82 Lectures Law d )A s y l u m i n
War Ships. questio.
d) Asylum in
Merchant Vessels. territorial w a t e r s .
this
e) Asylum in as
i m
to
m e d i a t e l y h a n d l
Legations: International I PoliticalOttenders,.
a) Asylum in Foreign in the premises does nay
recognise the grant of asylum is such of the legationoy
on unles e) Asylum in
The reason decision to grant
there is legal basis.
asylum involves derogation
from sovereignty of that liplomatie
state, andththis to
loca
be
subject
cannot offe
derogation from
territorial sovereignty
each particular case
recognised unles are
to
local
basis is established in
asylum
its legal Distinction
Columbian Peruvian Asylum
Case The leadino
-
Extra-territorial/
case on
asylum in foreign legation is: Colombia v. Peru (1950 ICJ Rer was exp
two
la Tore was a Peruvian subject and a political these
266): aHaya De
Z00) leader.
On 3-1-1949, Columbia granted follows:
He charged with rebellion.
was
him case c
asylum in her embassy in Peru and requested the Peruvia In the
the state
Government to provide facility to take him outside Peru. Thisrequey territory of
territo
was made by Columbia on the basis of Bolivian Agreement, 1911 is within the
and Pan American Havana Convention on Asylum 1928. Colombia According to
justified its act contending that it was a political crime. But Per
principles app ying
did not agree to this contention. This matter was referredto that the power to g
International Court of Justice, which held that Columbia was na
competent to decide the crime as political or ordinary. Howeve, sovereigntyitself,
rather a derogation
Peru
failed to prove it as ordinary crime. The Court held that asylum far as that State
granted in the instant case was irregular on the ground that 3 months
had passed after the suppression of the military rebellion. (I
authorities enjoyir
Starke further say=
condition precedent as per the convention ceased to exist). unless it has
HOWe
the court held that Columbia was not
bound surrender u
to the accep
right to grant
La lorre, though asylum was granted d tha e
he was a political offender.
irregularly on the groun established in each
are
b) Asylum in Consular Premises: The general pri inciples Statesimilar and tha:
sovereignty,
relating to legation premises are also applicable to the grant o
in Consular premises.
)Asylum in the Premises of International Institutie
Generally International Law does not permitasylum inthe premis
of International Institutions.
Ho wever temporary asylum
may
may
granted in case of danger
of imminent violence.
Asylum 83
onal Law
the legatkn
d Asylum in War ships:
There had been great
controversy
as to this question. o m e argued that it can be granted, but in the
as
1o grant dirpe territoria waters. The other view was that the fuqutive should be
immediately handled over to local police. It may be granted to
hat state, a Political Offenders.
Tecognised m
e.
e leading c
e) Asylum in Merchant Vessels: Since Merchant vessels
are subject to local jurisdiction, they are not competent to grant
to local offenders.
asylum
Distinction between Territorial/Internal Asylum and
950 1CI Rep Extra-territorial/Diplomatic Asylum: The distinction between
a political le
mhis these two was explained by the International Court of Justice as
mbia granted follows:
ed the Perum In the case of territorial asylum, the refugee is within the
eru. This requ teritory of the state ofrefuge, while in diplomatic asylum, the refugee
Agreement, 1 is within the territory of the state where the offence was committed.
1928. Colom According to Professor Starke: "The differences between the
rime. But principles applying to the two kinds of asylum flow from the fact
was refeed that the power to grant territorial asylum is an incident of territorial
lumbia was sovereignty itself, whereas the granting of extra-territorial asylumis
7ary. Howe rather a derogation from the sovereignty of the territorial State in so
eld thatasy far as that State is required to acquiesce in fugitives from its
that3 mam authorities enjoying protection from apprehension. Every State,
drebellion.
( Starke further says; *"has a
plenary right to grant territorial asylum
unless it has accepted some particular restriction in this regard, while
XIst). H o w e
e n d e r
H a y a
tne right to grant extra-territorial asylum is exceptional and must be
The
ground
established in each case." But in one respect the two types of asylum
are similar and that is the adjustment between the legal claims of
State
ral
principle
sovereignty, and the demands of humanity.
7antofasyin
nstitutio
7 the
prems
V u mmay
