Forthcoming in the Max Planck Yearbook of United Nations Law (27) ‘a special agreement between the sending and the receiving state’. The purpose of this clause, according to the Commission, was to preserve the applicability of certain treaties regulating the granting of diplomatic asylum. 37 Similar provisions were also included in the 1963 Vienna Convention on Consular Relations (1963), which was based on the ILC draft articles on the issue.38 It is worth noting, however, that the skepticism about diplomatic asylum did not necessarily represent a consensus among the international legal profession of the time. For one, these early discussions at the ILC may be juxtaposed with the work of the Institut de Droit International (IDI) on the topic. At its Bath Session (1950), the IDI adopted a resolution on ‘asylum in international law’, where it defined the concept as ‘la protection qu'un Etat accorde sur son territoire ou dans un autre endroit relevant de certains de ses organes à un individu qui est venu la rechercher’.39 Though the definition expressly excluded the so-called ‘neutral asylum’, which was accorded to individuals seeking protection in times of war, it covered both its territorial as well as extraterritorial variations. For instance, Art. 3 of the resolution provided that asylum could be granted in diplomatic missions, consulates, and on board of warships and public vessels.40 It also detailed the extent to which individuals fleeing persecution, armed violence, or other forms of failure of state protection could benefit from said protection, as well as the role of diplomatic agents and commanders of warships and military aircrafts. In the commentaries to what was then Draft Article 40(3), the Commission clarified that ‘[t]he question of asylum is not dealt with in the draft but, in order to avoid misunderstanding, it should be pointed out that among the agreements referred to in paragraph 3 there are certain treaties governing the right to grant asylum in mission premises which are valid as between the parties to them’. See UN ILC, ‘Draft Articles on Diplomatic Intercourse and Immunities, with Commentaries’, at 104. 38 In the commentaries to Draft Article 55(2), the Commission noted that, in line with the duty to respect the laws and regulations of the receiving state, ‘consular premises may not be used as an asylum for persons prosecuted or convicted by the local authorities’. See UN ILC, ‘Draft Articles on Consular Relations, with Commentaries’ in Yearbook of the International Law Commission 1961 vol. II (Part Two) UN Doc. A/CN.4/SER.A/1961/Add.1, at 124. 39 Institut de Droit International, ‘L’asile en droit international public (à l'exclusion de l'asile neutre)’ (1950) 43 Annuaire de l’Institut de Droit International 1–4 (‘Bath Resolution’), at Art. 3. 40 According to Article 3(1) of the Bath Resolution, asylum ‘peut être accordé dans les hôtels des missions diplomatiques, les consulats, les bâtiments de guerre, les navires d'Etat affectés à des services publics, les aéronefs militaires et les lieux relevant d'un organe d'un Etat étranger admis à exercer autorité sur le territoire’. 37 10 Electronic copy available at: https://ssrn.com/abstract=4816199