Seeking Refuge: Grotius on Exile, Expulsion and Asylum

Hugo Grotius is often identified as the founder of the modern concept of asylum. This article argues that Grotius’s most innovative contribution was not his theory of asylum, but his concept of expulsion, and more particularly, his notion that a permanent refuge should be offered to foreigners who had been collectively expelled on religious grounds. The article shows that Grotius’s notion was informed by his own experiences as a lawyer advocating the admission of Sephardi Jews, who had been expelled from Spain and Portugal, to the Dutch provinces. More particularly, it was based on a reinterpretation of Francisco de Vitoria’s concept of the ‘law of hospitality’ and the duty to admit foreigners irrespective of their religious beliefs. Reinterpreting Vitoria’s concept, Grotius was the first to formulate a theory regarding the state’s responsibility to offer a permanent refuge to victims of (religious) persecution.