Hello Guys, This is YG Law And today we will study Extradition and Asylum It is in the course of UGC NET It is a topic of Public International Law it is an easy explanation listen to it attentively, it is short and sweet So let's start, but before starting Guys please subscribe- if you haven't already Your subscription really motivates me I will upload more videos if I get to see more subscription I will upload anyways, even though you don't subscribe So, Let's talk about Asylum So what is its meaning? the word 'Asylum' has originated from the word 'Asylia' Asylia means Inviolable place Inviolable place- Inviolable means 'never to be broken, infringed or dishonoured So, it becomes a place for shelter Giving protection and immunity by a state to an individual from their own country's persecution this is a country A and this is a country B In country A some XYZ person is being persecuted So this guy flees and comes to country B and country B provides him shelter and says- country A is persecuting him so we will give him a place under our roof So this process, is said 'to provide Asylum' Asylum seeker too comes this way As suppose this guy, as long as this guy does not enter into the border of this country He is called Asylum Seeker as soon as it gets the status of Asylum, it becomes a Refugee Political Criminals and Political Targets they too flee sometimes because Government is against them and they are being persecuted UDHR makes it a fundamental right Everyone has the right to seek and enjoy other country's Asylum from prosecution If your Government is against you, then where will you go Obviously you go to other country, because the whole government is against you So, this is Julian Assange And this is Edward Snowden Edward Snowden was a part of CIA and he made a huge exposure about the USA that the USA Government basically is tracking all phones and is tapping into the private life of all human beings and is listening to everybody and by the help of this, they have stopped many terrorist attacks but that is ethically a wrong So this was exposed by Edward Snowden Julian Assange was the founder of 'WikiLeaks' who has done many exposures So, they both are political targets- for their country's Government too So Julian was from Australia and Edward was from the USA Edward Snowden got Asylum in Russia Julian Assange got Asylum in Ecuador, in the Embassy of London So, he was given Asylum in Ecuador but as I have said, the other country gave shelter in their territory but here it is not so, here in London, UK Ecuador has given Asylum how can that happen! to understand that, first we have to understand, types of Asylum Two types of Asylum are there Territorial Asylum That can be gained in the territory of the State Every State has sovereignty over their territory and over any individual within that territory too using that sovereignty, Territorial Asylum can be granted by any State but when is this Asylum not Granted? Crimes against Humanity has been committed by the person seeking Asylum or has done War Crimes or has committed Crimes against Peace or Genocide something that is very Inhumane deed, basically So they won't be granted Territorial Asylum- it is denied in Customary International Law Secondly, Extra-Territorial Asylum- this is a bit tricky Extra Territorial Asylum is not granted normally that is granted when there is an imminent danger in the life of the person it is granted in outside physical territory outside Physical territory includes- Embassy Like Julian Assange was provided Asylum in the embassy of Ecuador, in London as there was danger, he could have been arrested and persecuted Asylum can be granted in Warships Asylum can also be granted in Consulates Also in International Institutions If there is the presence of much Imminent danger However there are not many such situations, not many cases there are not many such examples, but in there it can be granted it is possible, if the treaty is signed- treaties can be made based on the granting of Asylum but keep in mind, Merchant vessels normally Merchant Vessels don't get the prestige which is given to Warships, embassies, etc. in International Law Assume this is a Merchant Vessel having a flag, and it belongs to some country Still it won't be considered Generally Asylum is not granted in Merchant Vessels, it can be done by treaties, but this is the general rule Asylum in Warships- YES Asylum in Merchant Vessels- NO Now, let's talk about Extradition Bringing back someone who ran away from your country after committing a crime This is Extradition, in simple terms there is a Latin phrase- aut dedere aut judicare It means either extradite, or prosecute If a criminal has comes to your country so either extradite him, or prosecute him Extradition is the delivery of an accused or a convicted individual to the State on whose territory he is alleged to have committed or to have been convicted of a crime The main legislation on this is- Extradition Act, 1962 India has signed extradition treaty with 43 countries and has signed extradition agreements with 11 countries This can change in future- so check that, if you're watching the video later Extradition treaty is defined in Section 2(d) of Extradition Act and Extradition Offences is defined under Section 2(c) Now, something more comes under Extradition some principles are also needed to be followed One is Principle of Dual Criminality and the other one is Rule of a Speciality These two are the main principles, there are others than this, but these are the main The act for which extradition is sought must constitute a crime punishable by some minimum penalty in both the requesting and the requested states Assume this is Country A In this country A, '1' has committed a crime and he fled to Country B and here it is being discussed, whether he must be extradited or not so, the crime committed by him in country A, must also be a crime in country B It is not necessary that whatever is a crime in country A is a crime in country B there are some things that vary from country to country For example- Drugs consumption of Marijuana is illegal in country A and he has consumed that here and fled to country B but it is not illegal in country B so for the consumption of Marijuana country B won't extradite him, because it is not a crime there So, principle of Dual Criminality says that it should be a crime in both the countries and the Rule of Speciality says whereby a person who is extradited to a country to stand trial for certain criminal offences may be tried only for those offenses and not for any other offences if country A says to country B to extradite a person return the person back to us in that case country A has to say what are the offences that he has done and the person must be tried only for those offences it is not that country A says to country B that we will try for Theft and then after returning he will be tried for theft, dacoity, murder and so on that is not possible he can be tried for only those offences for which he has been extradited Apart from these, the principles of Natural Justice must be followed Fair Trial must be done ...he must get himself represented by a lawyer and all the things that are provided for, in human rights.. he must not be tortured he must not be subjected to inhumane treatment there are many countries, where capital punishment is banned and if any crime has the punishment of capital punishment assume person '1' committed a crime and fled to country B and if he is extradited and there are possibilities of capital punishment so country B will not return the person, because they are against capital punishment thus, extradition becomes a very complicated process extradition, however, cannot be done that easily either Vijay Mallya, Nirav Modi cannot be extradited because there are several reasons not to extradite- UK is not willing to hand them back and then is Attentat Clause this is not that important, but for MCQs it is important for you to know this Attentat clause is basically suppose there is country A and country B the criminal that will come to country B normally the political offence committed by the criminal so for political offence, the person won't be extradited by country B to country A "We won't be extraditing the person back"- because it is a political offence however, political offence does not include that, the State leader will be murdered Assume there is a Dictator in India that dictator cannot be murdered or murdering a member of their family, or attacking him is not a political offence arrest him or do something else, change such rule via a Revolution Under the attentat clause, it is not a political offense to murder or to make an attempt at the life of the head of the state or a member of his family or sometimes a member of the government This is also called the Belgian clause, since it was first propounded in an enactment in Belgium in 1856 so this is Attentat clause this needs to be understood as it is important MCQs the main things are rule of speciality and rule of dual criminality apart from that, the rules of Natural Law must be followed there must not be Torture there must be Fair Trial and so on are included, if a person is being extradited Got it? 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