Examining Diplomatic Asylum as a Legal Practice: An Analysis of its Legality and the Path to Recognition

Abstract

The doctrine of diplomatic asylum presents a complex and controversial issue in international law, with an ill-defined legal framework and no universally accepted principles. This lack of clarity has led to conflicts and disagreements between states regarding the legitimacy and scope of this doctrine. In this dissertation I aim to explore the current legal status of diplomatic asylum under international law, including its legal basis and the challenges it presents to the international legal system. The doctrine methodology will be used to analyze recent state practices, and their justification for granting diplomatic asylum, as well as the role of the International Court of Justice (ICJ) and customary international law (CIL) in shaping the legal framework. Moreover, the impact of several landmark decisions made by the ICJ in this area will be investigated to determine their impact on the development of diplomatic asylum. Based on the analysis of all the above, this study ultimately aims to suggest the appropriate way to move forward towards the legalization of diplomatic asylum. This will include recommendations for states to clarify their legal obligations and responsibilities in this matter, and for the ICJ to provide further guidance on the issue.