Reseña

The right of human beings to seek protection in case of persecution or danger to their lives has been exercised since ancient times and has been part of international custom (which is one of the sources of law) and has been reflected through its incorporation in international agreements and treaties, at regional and global level.

As the exercise of the right of asylum evolved, in Latin America and Europe different conceptions and applications of this right were taken, being for our continent the right of asylum (political and diplomatic) an international custom and in Europe the right of refuge preponderant because of the war conflicts suffered in the twentieth century.

With this background, when the request and granting of diplomatic asylum in favor of the Australian journalist Julian Assange was announced in June 2012, it was dazzling that it would be a paradigmatic case in public international law, diplomatic and consular relations, as well as in international geopolitics and even in the debate on the limits between freedom of expression vs. the national security of States.

Assange's case perfectly illustrates the concepts, debates and challenges of the institution of diplomatic asylum, a legal institution specific to Ibero-American law but still alien to European Community law. From the analysis of his case in particular and the institution of asylum in general, it will be possible to reach conclusions and recommendations on the future of diplomatic asylum and the feasibility of a legal and political debate at the international level for its express recognition at the level of international treaties of the United Nations.