Asylum, Extradition, and the Political Offense

Abstract

The problems created by the numerous cases of actual or attempted diplonappings have been compounded by the legal status of diplomatic asylum in Latin America. Although this book deals broadly with the diplomatic kidnappings in general, it is nonetheless recognized that the majority of the recent diplonappings have taken place in Latin America. Though some of them have been conducted for ransom, most were designed to secure a “trade” of certain political prisoners for the kidnapped diplomats. Temporary asylum for the freed prisoners within some foreign embassy has frequently been part of the bargain. This is particularly a problem in Latin America because it is precisely there where the concept of diplomatic asylum for political refugees has been most firmly established in practice, if not in law. Before reviewing such regional customs, however, a brief survey of the status of asylum in general international law may provide a better background for them.