The Forms of Non-Territorial Asylum

Abstract

Asylum is non-territorial when it is accorded in embassies or legations, consulates, public vessels in foreign waters, military camps abroad, or aircraft outside the territory of the granting state. It is granted by the agents of another state within the territory of the state from which the escape is sought. It is commonly called diplomatic asylum since its practice has largely involved the premises of the diplomatic missions, namely, embassies and legations. The practice has been prompted primarily by a need to protect from violence those under political persecution, particularly in countries where such violence erupts often in the course of political struggles. Latin American states and Spain are usually pointed out as examples of the countries with frequent violent political struggles where, as a consequence, non-territorial asylum has been much in evidence. The above-mentioned places have become the natural places to seek asylum because of a certain inviolability which these places possess, reminiscent of the inviolability of the holy places in earlier times, discussed in Chapter II, supra, on History of Asylum. In the chapters which follow, an attempt is made to examine whether a basis exists for this type of asylum in international law.¹ For the purpose of our exploration, the major forms of non-territorial asylum may be classified as follows:

• A. Diplomatic asylum, being asylum accorded on the premises of the diplomatic missions;

• B. Consular asylum, being asylum accorded on the premises of the consulates;

• C. Maritime asylum, being asylum accorded on vessels in foreign waters.