Law of War Workshop Deskbook - Higgins Counterterrorism ...

safety of the requester against imminent danger. NEITHER POLITICALASYLUM NOR TEMPORARY REFUGE IS A CUSTOMARY LAW RIGHT.A number of plaintiffs have attempted to assert the right to enjoy internationaltemporary refuge has become a peremptory right under the doctrine of juscogens. The federal courts have routinely disagreed. Consistent with this view,Congress intentionally left this type of relief out of the 1980 Refugee Act.1. U.S. POLICY.a. Political Asylum.(1) The U.S. shall give foreign nationals full opportunity to have theirrequests considered on their merits.(2) Those seeking asylum shall not be surrendered to a foreign jurisdictionexcept as directed by the SECARMY.(3) These rules apply whether the requester is a national of the countrywherein the request was made or from a third nation.(4) The request must be coordinated with the host nation, through theappropriate American Embassy or Consulate.** This means that U.S. military personnel are never authorized to grantasylum.b. Temporary Refuge. The U.S., in appropriate cases, shall grant refuge inforeign countries or on the high seas of any country.** This is the most the U.S. military should ever bestow.H. IMPACT OF LOCATION WHERE CANDIDATE IS LOCATED.1. IN TERRITORIES UNDER EXCLUSIVE U.S. CONTROL & ON HIGHSEAS:a. Applicants will be received in DA facilities or on aboard DA vessels.b. Applicants will be afforded every reasonable protection.c. Refuge will end only if directed by higher authority, “through theSECARMY.”d. Military personnel may not grant asylum.253Chapter 9, Appendix CLaw of War and MOOTW