The Convention on Diplomatic Asylum was signed at Caracas on 28 March 1954 by the Tenth Inter-American Conference. Four authentic texts: Spanish, English, Portuguese and French. The original is deposited with the Pan American Union, now the General Secretariat of the OAS. It is open for signature by OAS member States; ratifications are deposited there. Entry into force: 29 December 1954, in the order of deposit (Article XXIII). It is not the Convention on Territorial Asylum, signed at the same conference, a distinct instrument.

The immediate background is the Haya de la Torre case: Colombia granted asylum in its embassy in Lima; the International Court of Justice decided the dispute in 1950. Article I: asylum granted in legations, war vessels, military camps or aircraft to persons sought for political reasons is to be respected by the territorial State. Article II: the right to grant asylum is not an obligation and does not require reasons for refusal. This is not a handbook for occupying embassies.

Article III excludes, at principle level, persons under indictment or conviction for common offences, and deserters, unless the acts are clearly political. Article IV: the State granting asylum determines the nature of the offence. Articles V–VII: urgent cases, the time strictly necessary for departure, the degree of urgency judged by the granting State. Articles VIII–IX: notice to the territorial foreign ministry; local information is taken into account, but the decision to continue asylum or to request a safe-conduct is to be respected.

Articles XI–XVII: the territorial State may require withdrawal, with a safe-conduct and guarantees; departure is not treated here as an itinerary. Article XX: diplomatic asylum is not subject to reciprocity and covers every nationality. Article XXIV: indefinite duration, denunciation on one year’s notice. Among the parties: Argentina, Brazil, Mexico, Peru, Uruguay, Venezuela; the United States is not a party.

The text remains an inter-American convention, not a worldwide custom. Contemporary incidents involving diplomatic missions are not discussed here.

Cover: the Federal Legislative Palace in Caracas; not the conference hall. Wikimedia Commons, free licence.

Sources consulted: Convention on Diplomatic Asylum; Convention on Diplomatic Asylum (OAS A-46).