The Journal of Foreign Policy

The Journal of Foreign Policy

Diplomatic Asylum

Document Type : Research Paper

Abstract
The Developments in international relations and global affairs has affected the international law and evolved the concepts of this discipline. Asylum to diplomatic missions which takes place beyond the national territory of state’s authority is a subject of diplomatic law which is itself a component of international law. This phenomenon has emerged in different conditions and provoked the reaction of territorial states.
Although to give territorial asylum is among exclusive sovereign rights of the states and is rooted in historical and common law bases as well as connected with principles of human rights, giving asylum outside the territory and in diplomatic spaces is outside this principle and has witnessed a variety of interpretations and developments.
Some emphasized it as a right derived from inherent diplomatic immunity and related to that and others perceive it as misusing the diplomatic immunity and rejected the trans-territoriality of the sovereignty of states despite some regional conventions recognizing this right.