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The Law of War

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IX. Political Asylum<br />

and Refugee <strong>Law</strong><br />

<strong>The</strong> Right <strong>of</strong> Asylum (sometimes called Right <strong>of</strong> Political Asylum,<br />

from the Ancient Greek word ἄσυλον) is an ancient juridical concept, under which a<br />

person persecuted by his own country may be protected by another sovereign authority,<br />

such as another country or church <strong>of</strong>ficial, who in medieval times could <strong>of</strong>fer sanctuary.<br />

This right was already recognized by the Egyptians, the Greeks, and the Hebrews, from<br />

whom it was adopted into Western tradition. René Descartes fled to the Netherlands,<br />

Voltaire to England, and Thomas Hobbes to France, because each state <strong>of</strong>fered<br />

protection to persecuted foreigners.<br />

<strong>The</strong> Egyptians, Greeks, and Hebrews recognized a religious "right <strong>of</strong> asylum",<br />

protecting criminals (or those accused <strong>of</strong> crime) from legal action to some extent. [3][4]<br />

This principle was later adopted by the established Christian church, and various rules<br />

were developed that detailed how to qualify for protection and what degree <strong>of</strong> protection<br />

one would receive.<br />

<strong>The</strong> Council <strong>of</strong> Orleans decided in 511, in the presence <strong>of</strong> Clovis I, that asylum could be<br />

granted to anyone who took refuge in a church or on church property, or at the home <strong>of</strong><br />

a bishop. This protection was extended to murderers, thieves and adulterers alike.<br />

That "Everyone has the right to seek and to enjoy in other countries asylum from<br />

persecution" is enshrined in the United Nations Universal Declaration <strong>of</strong> Human Rights<br />

Page 217 <strong>of</strong> 265

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