Government-in-Exile Law and Legal Definition

A government-in-exile refers to a temporary political group claiming to be a particular country’s legitimate government. Generally, a government-in-exile is unable to exercise its legal power and it resides in a foreign country. Government-in- exile frequently occur during wartime occupation.[State of Netherlands v. Federal Reserve Bank, 201 F.2d 455 (2d Cir. N.Y. 1953)]

The following are the factors that recognize government-in-exile:

1.An individual or group of individuals claiming supreme authority over a country;

2.An individual or group of individuals being recogonized by the hosting country as the supreme authority over that other country, and

3.An individual or group of individuals being organized to some acts of state on behalf of the home country.

A government-in-exile may undertake many types of actions in the conduct of their daily affairs. These actions include:

1.Becoming a party to a bilateral or international treaty ;

2. Amending or revising its own constitution ;

3.Maintaining military forces ;

4.Retaining diplomatic recognition by sovereign states ;

5.Issuing identity cards ;

6.Allowing the formation of new political parties ;

7.Instituting democratic reforms ;

8.Holding elections .