Resurgence of Diplomatic Asylum in International Law: Human Rights the Missing Piece of Puzzle

Abstract This study evinces that current legal practice does not favour the grant of diplomatic asylum. However, the right to diplomatic asylum is not sufficiently addressed from an individual or human rights lens. Instead, it is conceived as an object of the States exercising its right. In recent years, the courts have widened the scope of human rights to endorse its extraterritorial application, thereby influencing the right to diplomatic asylum. However, this contradicts the provisions of the Vienna Convention on Diplomatic Relations and general international law since granting diplomatic asylum is not a diplomatic function and impinges on state sovereignty. Previous literature on the topic bespeaks the sliding scale and conciliatory approaches in accommodating human rights. The author argues that human rights should be regarded as a valid ground for granting diplomatic asylum. It is concluded that this proposition can challenge the statist approach to diplomatic asylum.