International Law

“Asylum”
YouTube Channel “Theory of Law”

1. Introduction
Asylum is the protection which 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 form the Greek word “Asylia”
which means inviolable place.

3. Definition:
Asylum is shelter and active protection extended to a political refugee
from another state by a state which 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 over 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. Element of Asylum:
There are two main element of Asylum which are following:
(a) Shelter
(b) Active protection on the part of the authorities in control of the
territory of asylum.

6. Reason for Asylum:

Following can be the main reasons for granting asylum:
(a) To save a person from the jurisdiction of the local authority.
(b) May be granted on extra legal ground so on humanitarian ground.
(c) For the sake of national security.

7. Right of Person to claim asylum:

In accordance with the “Universal Declaration of Human Right” under
article 14 every one 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) Extra territorial 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 right to admit or expel any person
 found on its territory. The grant of territorial asylum is
discretionary in its nature.

➢ Resolution of the General Assembly on Asylum 1967

According to the resolution of the general assembly on asylum
1967 the state shall do the following in granting asylum.
(i) Where a person requests for asylum his request should
not be rejected.
(ii) If state feels difficulty in granting asylum, then it must
take appropriate measures.
(iii) 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.

Classification of extra territorial or diplomatic asylum:

(i) Asylum in Legation:
Where asylum is granted by a state within its embassy
premises situated in foreign country it is called Asylum in
Legation. There is no general right to grant asylum in 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:
(i) It can be granted for temporary period.
 (ii) It can be granted where there is well established custom.
(iii) It can be granted where is treaty.

(ii) Asylum in the Premises of International Institutions:

International Law does not recognize rule regarding the
grant of asylum in the premises of the international
institutions. However temporary asylum may be granted in
the extreme case of danger.

9. Extradition and Asylum:

Extradition and Asylum are closely connected and extradition starts
where Asylum ends.

10. CONCLUSION:
To Conclude we can say that, asylum is shelter and active
protection extended to a political refugee from another state by a state
which admits him on his request. It has two main form territorial and
extra territorial asylum. The main difference between two is in
territorial asylum the refugee is within the territory of the state of
refuge and in case of extra territorial the refugee is within the territory
of the state where the offence was committed.
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