The Non-Customary Practice of Diplomatic Asylum
The Non-Customary Practice of Diplomatic Asylum
This chapter focuses on the grant of diplomatic asylum. It provides an overview of the development of this legal institution in Latin American law and its consideration in the Haya de la Torre case, but it also reflects on incidents from the rich history of diplomatic asylum, reaching from the case of Cardinal Mindszenty to Julian Assange. The authors analyse legal arguments which were advanced on the various controversies surrounding diplomatic asylum, including the possible distinction between asylum on the one hand and shelter or refuge on the other, but also the impact of potential ‘extraordinary’ circumstances on the legality of asylum. This chapter also offers conclusions on the question whether the grant of asylum is to be considered an abuse of immunities or embraced by diplomatic tasks, and whether there are possible grounds precluding responsibility, if it were found to be the breach of an international obligation.
Keywords: diplomatic asylum, Latin America, Cardinal Mindszenty, Julian Assange, mission premises, shelter, refuge, Haya de la Torre
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