The Difference Between Asylum and Extradition Under International Law

Concept	Asylum	Extradition
Meaning	Protection granted by a state to a foreign national who is fleeing persecution, danger, or unfair prosecution.	The formal process where one state surrenders a person (usually accused or convicted of a crime) to another state upon request.

Concept	Asylum	Extradition
Purpose	To protect individuals from political persecution, threats to life, or unfair treatment in their home country.	To ensure justice by allowing prosecution or punishment of criminals across borders.
Focus	Focuses on the rights and safety of the individual.	Focuses on inter-state cooperation for criminal justice.

Concept	Asylum	Extradition
Sources of Law	Universal Declaration of Human Rights (Art. 14), 1951 Refugee Convention, state practice.	Bilateral or multilateral extradition treaties, national laws, and customary international law.

Concept	Asylum	Extradition
Parties	An individual seeks protection from a state.	A requesting state and a requested state; may involve a third-party individual (the accused or convict).

Concept	Asylum	Extradition
Refusal Grounds	Asylum may be denied if the individual is a danger to national security or has committed serious non-political crimes.	Extradition may be refused on grounds like political offense exception, risk of unfair trial, or absence of dual criminality.

Concept	Asylum	Extradition
Effect	Individual remains under the protection of the host country.	Individual is handed over to the requesting state to face trial or punishment.

Concept	Asylum	Extradition
Examples	- Julian Assange sought asylum in the Ecuadorian Embassy in London.- Dalai Lama was given asylum by India.	- Vijay Mallya's extradition request by India from the UK.- Edward Snowden's extradition was requested by the US.

Colombia v. Peru (Asylum Case), ICJ 1950

Held that asylum is a sovereign right of a state but must conform to international obligations.

Soering v. United Kingdom (ECHR, 1989)

Extradition was refused as it would violate the applicant’s human rights under Article 3 (inhuman/degrading treatment).

Basis	Asylum	Extradition
Purpose	Protection from persecution	Surrender for trial or punishment
Nature	Humanitarian	Legal/criminal justice
Involves	Individual and host state	Two states and an accused/convict
Legal Basis	Refugee law, human rights law	Extradition treaties, national laws
Focus	Individual rights	Inter-state cooperation
Grounds for Denial	Criminality, national security risk	Political offense, human rights issues
Example	Dalai Lama in India	Vijay Mallya case