MARITIME INTERNATIONAL LAW PART 21 WARSHIPS AND ASYLUM

WARSHIPS AND ASYLUM AN AMERICAN VIEW:To read the entire series so far in order of occurrence click here:   http://americanadmiraltybooks2.blogspot.com/p/the-enduring-principals-of-maritime.html

  Since warships enjoy immunity from territorial sovereignty of the host state, they are sometimes targeted as a place of asylum by political refugees.  Although a request for asylum can be a major prob;em for a commanding officer, the first respondent for the ship may be the officer of the deck, or even the junior officer of the deck. It is important that some knowledge of the rules of asylum be possessed down to the junior officer of the deck and liberty launch coxswain level. While such requests are now far less frequent since the end of the cold war, they can happen at any time in any foreign port. Naval regulations change from time to time and nothing that follows should be regarded as a report of up to date official naval instructions. But what does follow is based on regulations in force at the time of this writing and an understanding of the enduring underlying principals of the relevant international law.

 (1) Temporary refuge shall be granted for humanitarian reasons only on extreme or exceptional circumstances where the life or safety of a person is put in danger, such as pursuit by a mob. When temporary refuge is granted, such protection shall be terminated only when directed by the Chief of Naval Operations or higher authority. Commanding officers do not have the authority to grant permanent asylum.

(2) Requests for asylum shall be referred to the U.S. Embassy, if one exists, in the foreign jurisdiction. Individuals requesting asylum shall be afforded temporary refuge only as outlined above.

(3) The Chief of Naval Operations (or Commandant of the Marine Corps if request is made through a Marine unit) be informed through the most expeditious means possible of all actions taken pursuant to any request for asylum and all attendant circumstances. The appropriate U.S. Embassy or consular post must be similarly informed.

(4) Naval personnel shall neither directly nor indirectly invite persons to seek asylum or temporary refuge.

 The point to keep in mind in terms of the enduring principles of maritime international law is this: While the immunity of a warship is a settled point of international law, any implied right of a warship to grant asylum is a matter of controversy. 

TO BE CONTINUED: NEXT THE STATUS OF A WAR SHIP'S CREW ABOARD AND ASHORE.