[393]393. The Institute of International Law considered the entire question of asylum at its 1948 and 1950 sessions. It should be noted that in the case of territorial asylum, which is dealt with in article 2, some members, while recognizing that existing international law did not oblige States to guarantee asylum, suggested that the possibility of a State being subject to an obligation to grant asylum should be examined de lege ferenda. 86. I am fully aware that the Consul has not sought to base his refusal on the ground of asylum, but it is obvious, in my view, that his refusal to permit the entry of the police into the consular premises in order therein to carry out the arrest is tantamount to granting asylum to the judgment debtor, who is sheltering, so to speak, in the shadow of the Consul's immunity. [74]74 ICJ, Pleadings, Oral Arguments, Documents, vol. cit., p. 23. The report added that if the International Law Association intended to go on record as believing that international law recognized - or should recognize - a legally acknowledged right to asylum, it was sufficient to include in each convention an introductory paragraph asserting that there was such a right and to leave it to the High Contracting Parties to acknowledge that right in accordance with the terms of the convention. The immunity of domicile granted to diplomatic envoys comprises the inaccessibility of these residences to officers of justice, police, of revenue, and the like, of the receiving States without the special consent of the respective envoys. Moreover, there was no independent principle of law which, for humanitarian considerations, made lawful even limited infringements of State sovereignty, such as would obviously be involved in diplomatic asylum, inasmuch as the granting of asylum in a State's territory limited that State's jurisdiction over the individuals on its territory." Moreover, this consideration is not in fact sufficient: it simply leads to the consequence that in some circumstances the territorial State, because of the attitude it has itself adopted, cannot protest when the legation, etc., of a foreign State grants asylum". Some writers go even further and dissociate diplomatic asylum from the principle of the inviolability of diplomatic premises. To infer from that silence that there was an obligation to surrender a person to whom asylum had been irregularly granted would be to disregard both the role of those extra-legal factors in the development of asylum in Latin America, and the spirit of the Havana Convention itself. cit., p. 86, and P. Fedozzi, op. [32]32 See note 22 above. This is what the International Court of Justice at The Hague has had to say regarding such an act: "'Such a derogation from the territorial sovereignty cannot be recognized unless its legal basis is established in each particular case.' This institution would perhaps be more effective if a rule of unilateral and definitive qualification were applied. Asylum may be granted on the premises of diplomatic missions, consulates, warships, government ships used for public services, military aircraft and premises within the jurisdiction of another organ of a foreign State authorised to exercise authority over that territory. The corresponding provisions of the earlier conventions read as follows: "[Asylum] ... shall be respected to the extent in which allowed, as a right or through humanitarian toleration, by the usages, the conventions or the laws of the country in which granted and in accordance with the ... provisions [of the Convention]." XII (1961), A. Alvarez, Le droit international américain (1910), D. Antokoletz, Tratado de derecho internacional público en tiempo de paz (1924-25), C. Bollini Shaw, Derecho de asilo (1937), J. J. Caicedo Castilla, "El derecho de asilo", Revista española de derecho internacional, vol. [According to the theory of functional duality] each State has, in the absence of a supranational organization (in this case, a supervisory organization), the right and the duty to exercise supervision over all other States in order to satisfy itself that the rules of the international legal order are being properly applied. I, pp. 260. [124]124 Described in Moore, A Digest of International Law, vol. 314. By requiring heads of legations to hand those guilty of ordinary offences over to the local authorities upon demand and by restricting the enjoyment of diplomatic asylum to political offenders, this text merely confirmed the generally accepted position of Latin American countries. By making frequent use of the right of asylum, those countries had enabled political leaders who would otherwise have been sacrificed to the hatred and revenge of their opponents to render their countries invaluable service. [158]158 Yearbook of the International Law Commission, 1949, 16th meeting, p. 125, para. In the final draft articles adopted by the Commission at its tenth session, the article on the conduct of the mission and of its members remained as drafted at the ninth session, but the commentary was modified; the paragraph quoted above was replaced by the following text: "(4) Paragraph 3 stipulates that the premises of the mission shall be used only for the legitimate purposes for which they are intended. If such guarantees of his person and property are not granted, his departure may be delayed until the local authorities afford them. 147. It was true, as the Court had stated in its judgement of 20 November, that in principle asylum could not be opposed to the operation of justice: the safety which arose out of asylum could not be construed as a protection against the regular application of the laws and against the jurisdiction of legally constituted tribunals, since protection thus understood would authorize the diplomatic agent to obstruct the application of the laws of the country, whereas it was his duty to respect them. Accordingly, it is the who must decide in each case, to what extent the right of asylum attributed by an ambassador to his dwelling should be respected. 134. "The head of the legation shall, in his turn, have the right to require proper guarantees for the exit of the refugee without any injury to the inviolability of his person. It contains a Chapter I, entitled "On Political Asylum" (arts. 72. In connexion with the adoption of the provisional commentary on the article in question, some members, including Mr. François, Sir Gerald Fitzmaurice and Mr. Garcia Amador, expressed the view that the right to grant asylum was not necessarily dependent upon agreements between States. In the case under discussion, according to Judge Alvarez, the Court could have ruled on the dispute opposing Colombia and Peru as to the nature of the offence imputed to the refugee and expressly declared that the offence in question was a political offence. Special attention was given to the problem of aircraft hijacking. cit., loc. 867-870. "A person seeking to escape from a mob clearly would not have that character. The judgement debtor having failed to appear in court in response to a duly issued summons, a warrant for his arrest was issued. cit., p. 299. The service of legal process, including the seizure of private property, may take place within the headquarters district only with the consent of and under conditions approved by the Secretary-General. Despite the differences reflected above regarding the legal status of warships and the existence of a legal basis for naval asylum, writers tend, on the basis of the many concordant precedents revealing by State practice, [440]440 to favour the recognition of asylum on board such vessels. 2, "First"). 126. Long before the Court rendered its judgement in the asylum case, some European publicists had acknowledged that the granting of diplomatic asylum could be legitimate in certain cases as a matter of "humanitarian intervention". cit., p. 263. To receive no visits without prior consent of the foreign representative, who will reserve the right to be present in the conversations. O'Connell proposes the following definition: "Asylum is a term used to indicate refuge in foreign legations or consulates or on board foreign ships in order to escape the jurisdictional processes of the local authorities. Seild-Hohenveldern, op. The right to grant asylum by a State to a person on its own territory flows from the fact that every State exercises territorial sovereignty over all persons, on its territory to any one. Further, the Cuban Government had also warmly supported the Chilean request. "For the purposes of diplomatic asylum desertion may include any member of the regular armed forces. The representative of Afghanistan had endorsed that statement. 114. 88 below), the famous example of the Acapulco may be mentioned. The topics discussed above are also very essential to understand international law. Government is subject to certain rules such as treaties, rule of speciality and double criminality. "If extradition is not requested during the period indicated, the State granting asylum ceases to be under obligation to retain the asylee in its territory. 2, "Second"), "The diplomatic agent or military commander who grants asylum shall immediately communicate the names of the refugees to the Ministry for Foreign Affairs of the State where the act in question occurred, or to the administrative authorities of the locality, if the said act has taken place outside the seat of government, except when grave circumstances materially impede such communication or make it dangerous to the safety of the refugees." And as provision for the above appeal is lacking at present, the agreement to be entered into will not be applicable in those countries until a constitutional amendment, which is a difficult thing to obtain, is adopted on the subject. It was also contended that the draft convention should provide some guidelines concerning the concept of a political offence and the kinds of evidence to be accepted in that connexion. For example, after an unsuccessful uprising against the communist government of Hungary in 1956, the United States controversially granted diplomatic asylum to dissident Hungarian Roman Catholic József Cardinal Mindszenty, who was given refuge in the U.S. embassy and…. The country in which he has committed the crime may try him differently. cit., p. 797. Article 2 contains several innovations: (1) the places of asylum include, besides those listed in the Havana Convention, embassies and the residences of chiefs of mission; (2) asylum may be granted not only to persons pursued for political offences or under circumstances involving concurrent political offences which do not legally permit of extradition, but also to those "pursued for political reasons". Superintendent Presidency jail Calcutta and others (1955) that stated extradition and expulsion are two different processes. Whatever the status of persons on board a warship and even where they have been taken on board in error, there can be no recourse to force, in the event of the commander's refusal to surrender them, in order to secure their surrender or to make visits or searches to that end. 10, pp.