اللجوء السياسي لدى البعثات الدبلوماسية /دراسة لبعض القضايا

Abstract

As a result of all the above , we conclude that it is indisputable that the political refuguee is a foreigner person in the state of the refuge, but there are conditions distinguishing him from the ordinary foreigners ( tourists,immigrants, stateless persons, and those fleeing justice for non-political crimes…) and if political refugue was a protection for individuals against a particular risk , the legal basis for such protection differs according to the type of the place which granting asylum, it maybe in a embassy or consulate what is called the asylum in diplomatic missions or on the territory of the state , and shall be referred to by regional asylum. In this context , the first type of the asylum based on two principles which are : principle of the non-refoulement , and the principle of non-extradition of political offenders . And this what Veinna convention 1961 indicated which did not refred to the right of the diplomatic refugue to ansewer or refuse, in article 14 which provided that the the mission’s diplomatic headquarter could not be used in a manner contrary to the functions of the missions and the immunities granted as set out the previous of this convention or other general rule of international law, concerning the special agreement in force between the adopted state and its author state . History has proved how plitical asylum in diplomatic missions remains vague and is not based on clear legal rules as evidenced by some diplomatic issues such as the case of Julien Assang,Michel Aoun…