ASYLUM, Right of. In modern interna national law the phrase means the privilege ex tended to foreign legations, whether by the law of nations or by custom, to afford shelter to persons who are subject to the jurisdiction of the states in which the legations are located. Actually no person may claim the right of asy lum hut the legation may extend its protection, and thus the modern right differs greatly from the ancient.
Asylum in Prior to the mid dle of the 17th diplomatic agents based their claims to the right to grant asylum to fugitives from local authorities on the doc trine of the extraterritoriality of the official residence — that is, the exclusion of the domes tic jurisdiction of one state from the precincts of the legation of another state. When a per son took refuge within a legation he was con sidered to he tinder the protection of the coun try to which that legation belonged and dur ing his stay to be absolutely exempt from the operation of the domestic laws. The legation officials might surrender him, either at pleasure or through extradition (q.v.) proceedings ; but any attempt to capture him or compel his re lease by force was deemed an invasion of the territory of the state to which the legation be longed. Since the middle of the 17th century the theory of extraterritoriality in this respect has been abandoned and the claim to exercise the right of asylum has been modified greatly. Attempts have been made to justify the right of asylum on the ground of the inviolability of diplomatic agents, but while the legation is still deemed to be exempt from local jurisdiction and an asylum for the diplomatic agent and his bona fide official and personal household, and while others for a time may gain immunity from arrest by entering a legation, the opinion now prevails that the right of asylum in lega tions does not to visitors or strangers temporarily residing with the agent and still less to fugitives (save perhaps in states where the government is insecure or where frequent revolutions occur) and that fugitives should be surrendered to local officials on demand of the proper authorities. The United States has repeatedly endeavored to secure an inter national agreement respecting this right but has failed, owing to practices prevailing in states outside of Europe and the United States. The representatives of the Powers often exercised the right in Greece during the revolution of 1862 and in Spain during various periods of anarchy; and as late as 1895 the British Ambas sador at Constantinople extended the privilege to the deposed Grand Vizier. In Asia and the South and Central American states there have been numerous instances of granting asylum, but even in these states asylum for other than political offenders is rarely granted and then it is justified by the states exercising it on humane rather than on legal grounds. The United States has discouraged the practice even in this restricted form and has instructed its diplomatic agents to the effect that °The privilege of immunity from local jurisdiction does not embrace the right of asylum for per sons outside of a representative's diplomatic or personal household.° In some instances the
grant of asylum is regulated by treaty, as that of 1856 between the United States and Persia, Article VII of which provides that °The diplo matic agent or consuls of the United States shall not protect secretly or publicly the sub jects of the Persian government, and they shall never suffer a departure from the principles here laid down and agreed to by mutual con sent° In no case is a minister permitted to offer his dwelling as a resort for refugees and if a fugitive, uninvited, should apply for pro tection, this should be granted only if his life be in imminent danger from mob violence and only during the continuance of such danger.
Asylum in Under the treaty of 1856 mentioned above no consulate is to be used as a place of asylum for fugitives from local authorities, but other treaties, as that with Italy in 1871, state that such offices °shall never serve as places of asylum.° There have been some extreme cases, as in Oriental and South American states, where the consulates have been used as asylums, and in 1903-04, dur ing the Dominican revolution, when political prisoners were threatened with execution, a large number of refugees found asylum in the United States and British consulates. Since consuls are not diplomatic agents they are not by right exempt from local jurisdiction and hence cannot claim the right to extend asylum, but they are sometimes granted immunities, though more as an act of courtesy than as a conceded right.
Asylum on In some respects pub lic ships, such as ships of war, are similar to legations, so far as the right of asylum is con cerned, since they are generally conceded to be exempt from the local jurisdiction of the ports which they enter; in certain cases the com manders of such ships may extend asylum to refugees, but they are supposed not to abuse the local hospitality by making their vessels places of refuge for offenders against the laws. The navy regulations state: °The right of asy lum for political or other refugees has no foundation in international law. In countries, however, where frequent insurrections occur, and constant instability exists, usage sanctions the granting of asylum; hut, even in the waters of such countries, officers should refuse all ap plications for asylum, except when required in the interests of humanity, in extreme or excep tional cases, such as the pursuit of a refugee by a mob. Officers must not directly or in directly invite refugees to accept asylum.° Under modern usage asylum on private ships is not permissible and even though a vessel be in transit criminals aboard such vessels are amenable to localjurisdiction for crimes com mitted prior to embarkation. Merchant vessels are not exempt from local jurisdiction and can not claim the right to grant asylum. The right of neutrals to grant asylum to belligerent forces is covered by The Hague Convention of 29 July 1899, articles 57 to 59 of the regula tions which relate to the Laws and Customs of War on Land. See ALIENS ; EXTRADITION ;