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The Law of War

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During the <strong>War</strong>s <strong>of</strong> the Roses, when the Yorkists or Lancastrians would suddenly get<br />

the upper hand by winning a battle, some adherents <strong>of</strong> the losing side might find<br />

themselves surrounded by adherents <strong>of</strong> the other side and not able to get back to their<br />

own side. Upon realizing this situation they would rush to sanctuary at the nearest<br />

church until it was safe to come out. A prime example is Queen Elizabeth Woodville,<br />

consort <strong>of</strong> Edward IV <strong>of</strong> England.<br />

In 1470, when the Lancastrians briefly restored Henry VI to the throne, Queen Elizabeth<br />

was living in London with several young daughters. She moved with them into<br />

Westminster for sanctuary, living there in royal comfort until Edward IV was restored to<br />

the throne in 1471 and giving birth to their first son Edward V during that time. When<br />

King Edward IV died in 1483, Elizabeth (who was highly unpopular with even the<br />

Yorkists and probably did need protection) took her five daughters and youngest son<br />

(Richard, Duke <strong>of</strong> York) and again moved into sanctuary at Westminster. To be sure<br />

she had all the comforts <strong>of</strong> home, she brought so much furniture and so many chests<br />

that the workmen had to knock holes in some <strong>of</strong> the walls to get everything in fast<br />

enough to suit her.<br />

Modern Political Asylum<br />

Article 14 <strong>of</strong> the Universal Declaration <strong>of</strong> Human Rights states that "Everyone has the<br />

right to seek and to enjoy in other countries asylum from persecution." <strong>The</strong> United<br />

Nations 1951 Convention Relating to the Status <strong>of</strong> Refugees and the 1967 Protocol<br />

Relating to the Status <strong>of</strong> Refugees guides national legislation concerning political<br />

asylum. Under these agreements, a refugee (or for cases where repressing base<br />

means has been applied directly or environmentally to the refugee) is a person who is<br />

outside that person's own country's territory (or place <strong>of</strong> habitual residence if stateless)<br />

owing to fear <strong>of</strong> persecution on protected grounds.<br />

Protected grounds include race, caste, nationality, religion, political opinions and<br />

membership and/or participation in any particular social group or social activities.<br />

Rendering true victims <strong>of</strong> persecution to their persecutor is a violation <strong>of</strong> a principle<br />

called non-refoulement, part <strong>of</strong> the customary and trucial <strong>Law</strong> <strong>of</strong> Nations.<br />

<strong>The</strong>se are the accepted terms and criteria as principles and a fundamental part in the<br />

1951 United Nations Convention Relating to the Status <strong>of</strong> Refugees non-refoulement<br />

order.<br />

Since the 1990s, victims <strong>of</strong> sexual persecution (which may include domestic violence, or<br />

systematic oppression <strong>of</strong> a gender or sexual minority) have come to be accepted in<br />

some countries as a legitimate category for asylum claims, when claimants can prove<br />

that the state is unable or unwilling to provide protection.<br />

Page 220 <strong>of</strong> 265

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