Quaid-e-Azam Law College Lahore

Prof. Salman Kazmi

LL.M (London)
International Law

Asylum
1. Introduction
A state `s liability to grant asylum is of ancient origins. Every state has
preliminary right to grant asylum unless it has accepted some particular
restriction in this regard e.g., a treaty of Extradition would be reasonable
check on the right of asylum to the extant of the treaty.

2. Meaning of Asylum
 According to Oxford Dictionary, Asylum means sanctuary.
Legally it means shelter and active protection extended to refugee from
another state by a state which admitting him on his request.
 The word asylum is Latin and derived from a Greek word Asylia which
means unavoidable place.

3. Definition of Asylum
According to Starke,
According to Oppenheim, Lawrence and Fenwick,

4. Basis of Asylum

 Article 14of the Universal Declaration of Human Rights 1948,

1. `Every one has right to seek and enjoy asylum in other countries from
persecution,
2. This right may not be invoked in the case of persecutions genuinely arising
from non-political crimes or from acts contrary to the purpose and principles
of the United Nations. `

5. Element of Asylum
o Shelter
o Active protection (by the authorities in the control of the territory of
Asylum)

6. Aim to Grant Asylum

Case reference: Corfu Channel Case 1949

It was held by ICJ that Asylum may be granted on Humanitarian grounds in order to
protect political offenders against the violent actions.
Quaid-e-Azam Law College Lahore
Prof. Salman Kazmi
LL.M (London)
International Law

7. Types of Asylum/Kinds of Asylum

1. TERRITORIAL ASYLUM

I. Definition.

Territorial Asylum is given to an asylum seeker when he claimed it outside his

country from another state. It is considered as attribute of state sovereignty
and rights.

II. Resolution of General Assembly of UNO

On 14th December 1967, a resolution passed in General Assembly which

include following points,
 When a person, requested to Asylum, his request should not be turned
down.
 If a state feels difficulty to grant asylum than it should measure other
appropriate for person `s safety
 When a state grants Asylum other state should respect it.

III. Convention on territorial Asylum at Caracas on 28th March 1954

`Every state has the right in the exercise of its sovereignty , to admit into its
territory such persons as it deems advisable without , through the exercise of
the right, giving rise to complaints by any other states.`

IV UN Conference on Territorial Asylum 1977

V. Categories of territorial asylum.

According to Starke,

Political asylum i.e., for political defectors or political oppressions

Refugee asylum i.e., for refugee due to persecution
General Asylum i.e., for person seeking economic betterment

2. EXTRA TERRITORIAL ASYLUM/Diplomatic Asylum

Extra Territorial Asylum is a legal fiction i.e., any grant of privilege by a foreign
sovereign or an ambassador etc. Asylum granted to an asylum seeker within
his country on imminent danger. This asylum granted within the country and
the asylum is for a limited period. It generally extended only of diplomatic
agents under diplomatic Immunities. Extra Territorial asylum is granted by a
state outside its territory in following ways.
Quaid-e-Azam Law College Lahore
Prof. Salman Kazmi
LL.M (London)
International Law

 The Asylum Case: Colombia vs. Peru (1950)

It was held by ICJ that there was no general right of Diplomatic Asylum.

I. Circumstance where Extra Territorial Asylum may Grant.

o As a temporary measure to individuals in physical danger

o Where there is a binding local customary rule that diplomatic asylum is
permissible
o Under special treaty

II. Views of M`Cnair.

III. Types of Extra Territorial Asylum.

 Asylum in Foreign Embassy

According to Stark, Asylum is granted in foreign embassy by a state in most

exceptional cases like as a temporary measure to person in danger of mob or
state cooption where there is binding local custom that diplomatic asylum is
permissible under special treaty between both states one from refugee
belongs and other where he request for asylum.

 Dalai lama Asylum Case.

Dalai lama and his followers frustrated from Chinese oppression, seek asylum
in India, which was accordingly.

 HAYA DO LE TORE Case (1951)

There was no extreme danger for HAYA DO LE TORE so International Court
of Justice abrogated asylum.

 Asylum in Consular Premises

The same rules as that for embassy would apply to grant of asylum by the
head of consular premises.

 Asylum on the Premises of International Institution.

International Law doesn’t recognise any such right of International Institutions

to grant any such asylum on their premises. In case of imminent threat of
violence or attack such asylum may be temporarily granted.
Quaid-e-Azam Law College Lahore
Prof. Salman Kazmi
LL.M (London)
International Law

 Asylum in Warship

It is doubtful that any right exist to seek asylum on board foreign warships.
However, the practice of some states permits such refugee to be granted
during political disturbances to person fleeing from imminent personal danger.

 Challies Vs Fenwick Case

It was held that asylum, in warship can only be granted to political refugee not
to criminals.

 Asylum in Merchant Vessels

Merchant vessels don’t enjoy the privilege of immunity from local jurisdiction
and as such is incapable of granting asylum, but in exceptional conditions
may grant.

8. Difference between Asylum and Extradition

9. Conclusion