Faustin-Hélie writes: "There would be no more sovereignty if within each State there was an independent territory which could serve as a refuge for all criminals and a hotbed for all kinds of conspiracies, and which could oppose its own law to the law of the country. 101. "Said asylum shall be respected with regard to political offenders, but the head of the legation shall be bound to give immediate notice to the Government of the State to which he is accredited; and the said Government shall have the power to demand that the offender be sent away from the national territory in the shortest possible time. (1962), p. 302. In view of the foregoing, the representative of Bolivia finally proposed the following wording (A/C.6/L.943): "The provisions of this Convention shall not affect the operation of the treaties on asylum, in force at the date of the adoption of this Convention, as between the States which are parties to those treaties; but a State Party to this Convention may not invoke those treaties with respect to another State Party to this Convention which is not a party to those treaties.". 55. The Havana Convention has another lacuna: it does not state the penalty to be applied when asylum is granted to a political offender in violation of the conditions laid down in article 2. 49 The text has been taken from a document published by the Ministry of Foreign Affairs of Argentina under the title "Project of Convention on the Right of Asylum", Buenos Aires, 1937, pp. It would therefore be better to delete the item from the agenda and to revert to it at a more appropriate time. The effect of the Court's decision seems to be that asylum must stand upon its own feet and not be linked with inviolability of premises."369. The representative of Brazil171 added that the Salvadorian proposal might adversely affect Latin America's own interests, for a world body could hardly approach that problem in the same spirit as prevailed in the Latin American region. 1. Therefore, only persons accused of common crimes can be taken from them after due legal procedure and by order of the competent judge. In reality, what consulates granted in the last century and the first few years of this century was not asylum, but temporary refuge."417. Are you apprehending arrest? 41, para. In Greece, for example, during the Revolution of 1862, refuge was given in legations and consulates to persons whose lives were in danger. ), "The persons referred to in the preceding paragraph who find refuge in some of the above-mentioned places shall be surrendered as soon as requested by the local government." Recently, in the case of R. v. Kent,115 the British courts held that 'A crime committed in a foreign embassy is a crime committed in the United Kingdom and the offender, if not protected by diplomatic immunity, is liable to prosecution in British courts'.". What consequences does rejection of the doctrine of extraterritoriality have for asylum on board warships? ), "Any man may resort to its protection ... without prejudice to the obligations accepted by the State to which he belongs." It noted that within that framework two solutions had been proposed: "a. When there is a special treaty between the territorial state and the state of legation concerned. This report was not published until after the war had ended and its author had died.307 After reviewing certain questions of terminology, it analysed the observations of the members of the Commission on the nature of "internal" asylum. 347-348. The same view was expressed by such authorities on international law as Martens, Klüber, Heffter, Blüntschli, Wheaton, Pradier-Fodéré and Satow. Some, such as Brazil and Colombia, which have many neighbours would in fact be placed in a position of inferiority. Article 4 deals with the case of armed civil strife, in other words, with a situation which is likely to be prolonged: it authorizes diplomatic agents and the commanders of warships or military aircraft to keep persons whose safety is threatened for political reasons until they can be evacuated outside the territory, and lays down rules governing the obligations which are incumbent in such cases both on the authorities granting asylum and on the territorial State. Martens, Causes célèbres du droit des gens, vol. 200. Inasmuch as the right of asylum existed in the other Latin American countries and Peru was permitted to exercise it through its legations, it renounced that privilege for its part since it did not concede it to the legations of those States in its own territory.47. On the basis of this draft, the Tenth Conference on 28 March 1954 adopted a Convention on Diplomatic Asylum,98 which was signed by Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica,99 Cuba, the Dominican Republic,100 Ecuador, El Salvador, Guatemala,101 Haiti,102 Honduras,103 Mexico, Nicaragua, Panama, Paraguay, Peru,104 Uruguay105 and Venezuela.106. These factors tend to create a favourable atmosphere for studying the problem calmly and dispassionately, and it is settled justly. "I now turn to the last question, namely, are the police entitled forcibly to enter the Consulate-General against the will of the Consul-General having regard to his unjustified refusal to permit such entry, or is the redress to be sought only through the diplomatic channel? In this connexion, many representatives were gratified that the working group had made it clear that the draft was directed only at territorial asylum, which, in their opinion, was the most important element of asylum and the type most practised by States. On the one hand we have facts, on the other hand fiction; the former are realities, the latter is an abstraction; the former are legitimate, the latter is benevolent."379. The Treaty on International Penal Law signed at Montevideo in 188952. Mr. Ago and Mr. Fitzmaurice pointed out in that connexion that it was dangerous to mention the question of asylum in an article which related to the obligations of the receiving State, because to do so might give the impression that, if the mission premises were being used for improper purposes, the receiving State would have the right to consider itself released from the obligation of respecting the inviolability of the premises; a better course, they said, would be to revert to the question when dealing with the obligations of the sending State. 73 (1969), pp. The question of diplomatic asylum was discussed by the Council of the League of Nations on two occasions - at its ninety-fifth session in December 1936 and at its ninety-sixth session in February 1937. Article 1 is designed to replace article 1 of the Havana Convention by a new text. War vessels or military aircraft that may be temporarily in shipyards, arsenals, or shops for repair may not constitute a place of asylum. 146. 91 Quoted in OAS, Annals, vol. Secondly, it is obvious that the main practical problem of asylum, namely, the evacuation of persons taking advantage of it, is infinitely simpler to resolve in the case of warships than in the case of an embassy. 42 For more details, see Revue générale de droit international public, vol. ", 261. ...". cit., p. 351, R. Pederneiras, Direito Internacional Compendiado (1931), p. 166, L. Rodriguez Pereira, Principios de Direito Internacional (1902), vol. (2) Request for interpretation of the judgement of 20 November 1950 in the asylum case: summary of the judgement delivered by the Court on 27 November 1950136.