Principles of International Law

Running head: PRINCIPLES OF INTERNATIONAL LAW
PRINCIPLES OF INTERNATIONAL LAW
Name of the Student
Name of the University
Author Note

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PRINCIPLES OF INTERNATIONAL LAW
Asylum generally means giving shelter or protection to a person who has left their
country with the status of political refugees. There are several instances where it can be seen
that different forms of asylum obtained the status of customary law. Though, generally, these
scenarios happened in such cases where the human rights of a refugee are involved. But even
in such cases, the question in issue was whether there is adequate need to grant asylum under
the principle of customary law. It has been seen that even in cases of mob violence where the
refugee discovers himself to be pursued by the parts of the pupil before he or she reaches the
haven of the embassy, the practice of asylum did not take place and the diplomatic mission
did not get induced by the scenario to act over the same (Malinowska, 2014). Another aspect
of such an issue is the opinion of the international community about the same is not clear
though. However, some of the international states have widely accepted this concept of
diplomatic asylum such as; USA (Lavander, 2014). Some of the international states are also
clear about the opponent's view or restrictive interpretation regarding the issue of diplomatic
asylum as customary law. However, the General Assembly Resolution 3321 through
promoting this concept based on humanitarian grounds but critic states of this view opine that
diplomatic asylum cannot be held to be internationally recognizable concept unless there
exists a special treaty or agreement between the state that is granting diplomatic asylum and
the resident state of such diplomat in whose favor such asylum is being given(Зубарева,
2014). The study aims to discuss the rightness of diplomatic asylum and free passage to the
diplomat as its one of the characteristics, can be regarded as customary law or not by
elaborating various scenarios.
However, regarding the concept of customary rights, it can be said that it is difficult to
grant diplomatic asylum merely on the grounds of humanitarian concern (Capone, 2015).
This is because the very first question that will arise is whether the ground of "humanitarian
concerns" is sufficient enough to explain the fact which amounts to a sufficient degree of

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PRINCIPLES OF INTERNATIONAL LAW
correctness to allow the assumption of a rule with normative character (Taylor, 2019).
Another study of the Latin American institution of diplomatic asylum states that the reasons
for humanity are itself not sufficient to institute a right of refuge over the premises of another
land (Harley, 2014). The noteworthy characteristic of diplomatic asylum which appears in the
relevant treaties is that the concerning persons who are seeking asylum in another country are
generally accused of several political misconducts or trailed for various political reasons. If
that would have been the case then even offenders of common offenses in any country could
also be held liable for diplomatic asylum in another country (Repository.law.umich.edu,
2014).
Therefore, it can be said that the Government of Veritas is not liable to permit Mr.
Huxley for diplomatic asylum merely on humanitarian grounds. Furthermore, they do not
owe the right to free passage to Mr. Huxley on this ground as it is clear from the above-
mentioned fact that diplomatic asylum is not compulsory to political offenders of a country
under the International Law, similarly, the free passage being one of the rights guaranteed
under asylum does not fall within the purview of this case which the State of Veritas owes to
Mr. Huxley.
Issue 1: General Assembly Resolution
Issue:
The issue is what is the provision of GA regarding diplomatic asylum?
Rule:
In this case, General Assembly Resolution 3321 regarding asylum have been
discussed