Asylum is a Latin term. a (not) + sylon (right to seizure). Hence Asylum is a place of refuge, retreat and security.
Institute of International Law: Asylum is the protection given to a person seeking it in a territory of another State.
Asylum needs to have:
- Shelter: A place where the person wants to be protected
- Degree of active protection: By another State in whose territory the person seeks protection
Types of Asylum
- Territorial Asylum (Within the territory of a country)
- Extra-territorial Asylum or Diplomatic Asylum (Asylum granted at an Embassy or a public vessel outside the territory of the State granting the Asylum)
- Asylum ends where Extradition starts. Asylum and Extradition are two sides of the same coin.
- Countries need to have Extradition treaty in order to exchange criminals failing which they have to initiate a diplomatic dialogue and reach to a consensus in order to Extradite a criminal.
- Columbia vs Peru (1950 ICJ Reports 266)
- Belligerent States