Asylum In The 13th Century

527 Words2 Pages

Asylum - a word of Greek origin that means ‘what cannot be seized’ - refers to what is inviolable, and as such it invokes a higher power that offers protection. The reluctant or forced movement of people as refugees away from the Kingdom or State of their nationality or residence to another has been an ages old problem. The practice of asylum can be spotted in ancient history. The Kadesh Peace Treaty - concluded in the 13th century BC - between Ramses II and Hatusil III, king of the Hitittas, constitutes the first international treaty that we have evidence of and it contains protection clauses. In nine provisions, the treaty establishes that the exchange of population between the two sovereigns will only take place on condition that neither …show more content…

The official faith of the Roman Empire became Christianity and stretched across the Europe, the acceptance of the power of the Church resulted in the process of territorialisation of asylum. The importance of asylum in the Church developed and it tracked its golden age from the twelfth century. With the decline of the Roman Empire and the rise of Christian Europe, territorial asylum again evolved into the practice of intercession by the clergy of the church. Over time, ecclesiastical laws on asylum were codified however with the rise of nation state and the claim of national authorities of the exclusive right to administer justice their influence began to recede. The basis of asylum shifted from the religious sanctity of the place to the sovereignty of the city or state. In the 17th century, as international opinion converged on the need to suppress criminality, the concept of asylum again developed and the concept of extradition grew in …show more content…

This led to the conflict as to what compromised a political offence. And to counter it international instruments gave definition what does not constitute as a political offence. The Right to Asylum was first incorporated under article 120 of the French Constitution of 24th June 1793. The article reads as: “the French people give asylum to foreigners who, in the name of liberty, are banished from their homelands, and refuse it to tyrants.” Although positive developments took place however the right to asylum lost its status as a human right and became a state right to either accept or reject the application of a person seeking

Open Document