Asylum

“No one leaves home unless home is the mouth of a shark.
” – Warsan Shire
The time had and has depicted the harsh reality of how the persecution or its fear
drives millions to leave their homes and seek asylum.
1. According to UNHCR, 82.4 million people worldwide were forced to be
displaced at the end of 2020, as a result of persecution, conflicts, and various
other kinds of violations of human rights.
2. Moreover, 68% of 82.4 million people had been displaced abroad from just 5
countries: Syria, Venezuela, Afghanistan, South Sudan, and Myanmar.
3. It has been observed that 1 in every 95 people on earth had left their homes as a
result of conflicts and persecution.
4. According to US sources, more than 7.4 million refugees had left Ukraine due
to the Russian invasion. While around 8 million people had been displaced
within the country.
Hence, these figures had made us believe that in the developing years, the concept
of asylum has taken on a more structured meaning and implications.
Territorial asylum Extra-territorial asylum Neutral asylum
1. Territorial Asylum:
➢ When the asylum is granted to asylee within the states territory is called as territorial asylum.
➢ For example: When India gave territorial asylum to Dalai Lama in 1955 within India’s territory.
➢ In 1947, the topic was first raised by the commission on human rights and later, it was incorporated in Universal
declaration on human rights under article 14.
➢ In 1967, UNGA had passed a “Declaration on territorial asylum” which provides following articles:
• Article 1(1): A state can grant asylum by exercising its sovereign power to an individual.
• Article 1(2): An individual who has record of crime against humanity, peace and war crimes cannot seek asylum in another
country.
• Article 1(3): The state has power to evaluate the basis for asylum.
• Article 2: If any state feels overburned in providing asylum to people. Then state shall either individually or theough the
UN can lighten the burden.
• Article 3(1): Any individual who was provided asylum in a country, cannot be forced to return to a place where she/he
might be persecuted.
• Article 3(2) [exception to art. 3(1)]: A state can force a person to return to protect the nations interest and security of the
state .
• Article 3(3) [exception to art. 3(1)]: If state feels justified to send away an individual, then it shall give the opportunity to
allow him to go to another state.
• Also, articles 31. 32, and 33 of the Refugee convention of 1951 supports this concept.
2. Extra-territorial asylum:
➢ The term extra-territorial means beyond the jurisdiction of the authorities of the state.
➢ When the asylum is granted outside the territoru of its state i.e, in warships, legation consular premises, or in
embassies etc.
➢ For example: If ‘A’ from Syria approaches the US embassy in Syria for grant of asylum due to imment danger to his
life in Syria.
➢ Such kind of asylum is granted on temporary basis and ends once the emergency or threat to the person is over.
➢ The convention on asylum held in Havana in 1928, provides that state should not grant asylum to people who are
accused of common crimes.
➢ Types of extra-territorial asylum:
Asylum in diplomatic Asylum in the premises of Asylum in warships Asylum in merchant

Asylum the international institutions. vessels
• Asylum in diplomatic asylum: It is granted when the state provides asylum in the Embassies, foreign legations, and
consular premises.
Normally, the right to asylum, it is not recognized in Inter-national law because:
(i) It violates the territorial sovereignty of the state. And
(ii) It is the violation of diplomatic or consular immunity.
Britain and India does not recognize the right to asylum in diplomatic or consular premises or ships but it has
granted asylum in cases of emergency on humanitarian grounds.
• Asylum in premises of international institutions: Due to the absence of an agreement between the UN and international
institutions, there is no general right to grant asylum in these institutions. However, every case might be considered based
on a humanitarian basis.
• Asylum in warships: There are no specific guidelines in relation to granting of asylum in warships. However, according to
“The Havana Convention on Asylum’s” following rules can be inferred:
(i) Article 1: It provides that people who are accused of common crimes and not political crimes if taking refuge
under a warship, military camps, or aircraft or legations shall be handed over to the local government on request.
(ii) Article 2: It provides that asylum at such places be provided only in urgent cases.
Certain countries like the USA and UK accept the practice to grant asylum on warships on humanitarian grounds
for a temporary time. A significant example of this was the conflict between Argentina and Paraguay.
• Asylum in merchant vessels: Merchant vessels include the commercial ships, the territory in which they are the law of that
country is binding upon them. The laws of maritime state that if the asylum-seeker is in life-threatening trouble and facing
serious persecution then he/she will be allowed the asylum.
3. Neutral asylum: This type of asylum is shown by neutral states during times of war. These countries may be
considered asylum places for prisoners of war.
BENEFITS OF ASYLUM
The benefits of asylum are as follow:
1. It provides protection to the people who had been forced to leave their home
countries.
2. It provides freedom from torture or degrading treatment. They are imbibed with the
right to freedom of opinion and expression.
3. It is basically granted to save the lives of people from the local authorities’
jurisdiction when the person fears that he/she might not be provided with a fair trial
and if he/she stays any longer in that place will have to face persecution either
physical, mental or economic.
4. It protects the individual from being forced to return to their home country. Their
families stay protected at a place where they no longer have to worry about their lives.
DIFFERENCE BETWEEN ASYLUM AND EXTRADITION
ASYLUM EXTRADITION
1.Asylum is providing protection and a safe place by 1.Extradition is the process of sending back a
the host country to all those who have been exposed fugitive by one country to another, the main purpose
to risk and persecution and therefore have left their is to criminally prosecute the fugitive. It is a process
home countries that takes place only when the two countries
involved have a certain ad hoc agreement or bilateral
treaty regarding it
2.Asylum is to provide safety and freedom from 2.Extradition is the process to make sure that the
torture and a chance to live a peaceful life. fugitives are punished and justice is served and
criminal cooperation is strengthened between
sovereign states.
3.The executive decides whether an individual 3.If a country wants to request the extradition of an
should be granted asylum in their country or not individual, it needs to ensure that the request made
based on factors like practical and political is in compliance with Article 33 of the 1951 Geneva
possibilities and grounds Convention which deals with the Inter-national law’s
principle of non-refoulement. It is decided by the
court whether the person should be extradited or
not.
CASE: COLOMBIA V. PERU, 1950 (The Asylum Case)
It is a landmark case that has described in detail the law on diplomatic asylum.
Facts: A national of Peru who was a political leader named Victor Raul Haya de la Torre, he was accused of
instigating a military rebellion. He was granted asylum by the Colombian embassy at Limo. However, he was
not allowed to leave the country. The dispute arose between Peru and Colombia and the matter was then referred
to the International Court of Justice. The main question raised was regarding the right to grant diplomatic
asylum.
Held: The court carefully observed that:
Diplomatic asylum is the derogation of territorial sovereignty and it should not be recognized unless in each
case a legal basis is established.
The state providing such a grant must prove that it has the right to grant diplomatic asylum and it should be
respected by the territorial State.
The Court also observed that there is no international treaty related to Diplomatic Asylum, only Latin American
and Central American countries have such rights. Diplomatic Asylum is defined as the asylum provided to
people who are political offenders and fear that if they are prosecuted, they will have to face an unfair trial and
therefore want to escape the persecution. The Court held that it is a settled fact that common criminals cannot be
granted asylum
CONCLUSION
Asylum is a very crucial part of Inter-national law. Now more than

ever, when the middle-east countries are under turmoil, with
increasing wars among countries, CAA-NRC debate in India, etc. It
has become necessary to ensure the proper implementation of the
right to grant asylum with prudence and forethought. There is still a
need to remove the layer of obscurity over the Diplomatic Asylum
concept. Various countries including India need to have a clear
Asylum law in their countries. As the principle that every country
needs to abide by is the principle of humanity.

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“No one leaves home unless home is the mouth of a shark.

Asylum in diplomatic Asylum in the premises of Asylum in warships Asylum in merchant

Asylum is a very crucial part of Inter-national law. Now more than

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