Asylum

ASYLUM
Asylum is derived from the Latin word ‘a’ (not) and ‘sylon’ (right of seizure). The
dictionary meaning of the word asylum is to provide refuge or security.
JG Starke says that the term ‘Asylum’ involves two important elements (i) a shelter
which is more than a temporary refuge and (ii) degree of active participation on the part of the
authorities which have control over the territory of asylum.”
Article 14 of the UDHR, 1948 says ‘Every one has a right to seek and enjoy in other
countries asylum from persecution.”
Although every one has a right to seek asylum, there is no corresponding duty on the state to
grant asylum. The granting of asylum to a refugee is at the discretion of the state. The word
‘asylum’ means giving shelter and active protection to a person who has committed crime in a
foreign country and escaped to country in which he ia at present.
TYPES OF ASYLUM
1. TERRITORIAL ASYLUM
Territorial asylum is granted by a State in its own territory. Territorial asylum is

considered as attribute of territorial sovereignty of the State. Every state has a right to admit into
its territory any person even though he has committed a crime in a foreign country. The grant of
asylum to Dalailama and his followers is an example of the exercise of territorial sovereignty by
India.
2. EXTRA TERRITORIAL ASYLUM OR DIPLOMATIC ASYLUM
A state may grant asylum in its embassy in foreign countries or in its public vessels.
Extra territorial asylum can be classified into the following categories :
(i) ASYLUM IN FOREIGN LEGATION
As a general rule, Asylum in foreign legation is not permitted. However, under exceptional
circumstances a state can grant asylum in its embassy premises in foreign country. In the view of
Starke, asylum may be granted in the legation premises under the following circumstances :
1. Asylum may be granted for a temporary period, to individuals who are physically in
danger from mob violence or because of political corruption in the local state.
2. Asylum may be granted when there is a well established binding local custom.
3. Asylum may be granted if there is special treaty.
Important Case : COLUMBIA v. PERU {(1950) 1 CJ Reports P226)},
Haya Dela Torra, a Peruvian citizen was charged with rebellion. Columbia granted him
asylum in her embassy at Peru. After granting asylum, ambassador of Columbia requested
Peruvian Government to provide facility to enable Columbia to take Haya Dela Torra outside
Peru. Peru did not agree with the request and rejected it. Columbia contended that asylum was
granted because Hala Dela Torra was accused of a political crime. The matter was referred to
ICJ. The ICJ held that Hala was a political offender and Colombia was not bound to surrender
Haya Dela Torra. There was irregularity in granting asylum. Because there was no urgency as
prescribed by the Havana Convention, 1928.
(ii) ASYLUM IN CONSULAR PREMISES
As in the case of Diplomatic Asylum, there is no general right of asylum in consular

premises as some jurists believe that asylum in consular premises should be provided only in
very exceptional cases.
(iii) ASYLUM IN THE PREMISES OF INTERNATIONAL PREMISES
The Headquarters agreement of the United Nations and the Specialized agency
reveal no right of international institutions to grant asylum or even refuge status in their
premises to offenders as against the state and not even a right of protection on the basis of
humanitarian grounds. .
(iv) ASYLUM IN WARSHIPS
There is controversy in regard to the granting of asylum in warships. Some writers

are of the view that asylum can be granted in warships which is lying in the territorial
waters of another state. Some writers have expressed the view that such fugitive should
be immediately handed over to the local police. It is generally accepted that asylum may
be granted to political offenders whose life is at threat.
(v) ASYLUM IN MERCHANT VESSEL
The rule of International Customary L:aw is that a person who commits a crime
on shore and seeks asylum on board a foreign merchant ship may be arrested by the
police of coastal state so long as it is found within the territorial waters of the coastal
state. Although by special treaties, political offenders are allowed asylum even on
merchant ship, as a general rule asylum on a foreign merchant ship cannot be granted.
ILLUSTRATIVE CASES ON ASYLUM
1. IMRE NAGY ASYLUM CASE

During the political crisis in Hungary in 1956, the Hungarian Prime Minister Nagy had
fled to the Yugoslavian Embassy premises in Budapest and he was granted
asylum there. The new government headed by Kadar soon came to power. It
declared safe conduct to Nagy with a promise not to prosecute him. On this
understanding Nagy was allowed to leave the embassy premises. As soon as he
left the embassy Nagy was arrested and manhandled. A protest was made by the
Government of Yugoslavia, and although it was turned down by the Hungarian
government as being only a domestic matter, it was against the rule of
International morality and law.
2. ADOLF EICHMANN CASE
Adolf Eichmann committed a crime in Israel and went to Argentina as a refugee in

1960. He was secretly abducted by some private Israeli nationals from Argentina and was
sent to Israel by an Israeli aircraft for trial as a war criminal. The Government of Argentina
protested against illegal abduction before the security council by way of a complaint against
Israel. The Security Council found it in violation of International Law. Israel had to tender
apology but afterwards the Government of Argentina waived its rights. The result was that
Adolf was tried and prosecuted by the Israeli Government.
DIFFERENCE BETWEEN EXTRADITION AND ASYLUM
1. Extradition is the surrender by one nation to another, for trial and punishment of a person
accused or convicted of an offence within the jurisdiction of the latter, while asylum is a
place of refuge and protection where security is provided.
2. In extradition, it is essential that the person demanded is alleged to have committed a
crime but in asylum there is no such condition.
3. For extradition the person must be in the territory of another country but asylum may be
granted in that country itself (which is known as extra territorial asylum).
4. Extradition requires a treaty but no treaty is required in case of asylum.
5. While extradition is an act of cooperation of one state with other state, the asylum may
create differences in the relations of the State.
“Asylum stops, as it were, where extradition begins” – Starke.

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What are the different types of asylum?

What is the difference between territorial asylum and extra-territorial asylum?

ASYLUM

Territorial asylum is granted by a State in its own territory. Territorial asylum is

2. EXTRA TERRITORIAL ASYLUM OR DIPLOMATIC ASYLUM

(i) ASYLUM IN FOREIGN LEGATION

(ii) ASYLUM IN CONSULAR PREMISES

As in the case of Diplomatic Asylum, there is no general right of asylum in consular

(iii) ASYLUM IN THE PREMISES OF INTERNATIONAL PREMISES

(iv) ASYLUM IN WARSHIPS

There is controversy in regard to the granting of asylum in warships. Some writers

(v) ASYLUM IN MERCHANT VESSEL

ILLUSTRATIVE CASES ON ASYLUM

1. IMRE NAGY ASYLUM CASE

Adolf Eichmann committed a crime in Israel and went to Argentina as a refugee in

DIFFERENCE BETWEEN EXTRADITION AND ASYLUM

“Asylum stops, as it were, where extradition begins” – Starke.

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