Asylum| Law

Asylum is quite opposite of extradition. A states 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 for example a treaty of extradition would be reasonable check on the right of asylum to the extent of the treaty. The word asylum is Latin word and derived from a Greek word asylim which means unavoidable person.

 A sanctuary or place of refuge and protection where criminals and debtors find shelter and from which they cannot be taken without sacrilege.   “Asylum is the protection which a state grants on its territory or in some of her place under the control of certain of its organs to a person who comes to seek it.” Article 14 of universal declaration of human rights: Every one has a right to seek and enjoy in other countries asylum from prosecution.

The conception of asylum in the international law involves two elements.  Shelter which is more than merely temporary refuge   Degree of active protection (by theauthorities in the control of the territory of asylum.

It was held by ICJ that asylum may be granted on humanitarian grounds in order to protect political offenders against the violent actions. Territorial asylum is the right of the state whether to grant the territorial asylum or not . the state concerned can also reject the territorial asylum when there is a large number of the person seeking the asylum The territorial asylum is not granted to the terrorist

. This kind of asylum is granted to criminals who expect the prosecution it is also granted to the political criminals. Asylum granted by a state in the exercise of its sovereignty to persons entitled to persons entitled to invoke art 14 of the universal declaration of the human rights shall be respected by all other states. 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 state.