''Colombia v Peru''
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ICJ 6(also known as the ''Asylum Case'') is a public international law">950
ICJ 6(also known as the ''Asylum Case'') is a public international law case, decided by the
International Court of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
. The ICJ recognised that the scope of Article 38 of the Statute of the International Court of Justice encompassed bi-lateral and regional international customary norms as well as general customary norms, in much the same way as it encompasses bilateral and multilateral treaties. The Court also clarified that for custom to be definitively proven, it must be continuously and uniformly executed.
Facts
The Colombian Ambassador in
Lima, Peru allowed
Víctor Raúl Haya de la Torre
Víctor Raúl Haya de la Torre (February 22, 1895 – August 2, 1979) was a Peruvian politician, philosopher, and author who founded the American Popular Revolutionary Alliance (APRA) political movement, the oldest currently existing political ...
, head of the
American People's Revolutionary Alliance sanctuary after his faction lost a one-day civil war in Peru on 3 October 1948. The Colombian government granted him asylum, but the Peruvian government refused to grant him safe passage out of Peru.
Colombia maintained that according to the Conventions in force - the ''Bolivian Agreement of 1911 on Extradition'', the ''Havana Convention of 1928 on Asylum'', the Montevideo Convention of 1933 on Political Asylum - and according to American International Law, they were entitled to decide if asylum should be granted and their unilateral decision on this was binding on Peru.
Press releases: Communiqué No, 50/.43
- Judgment of the ICJ of 20 November 1950
Judgment
Both submissions of Colombia were rejected by the Court. The relevant treaties cited by Colombia were not ratified by Peru, and it was not found that the custom of Asylum was uniformly or continuously executed sufficiently to demonstrate that the custom was of a generally applicable character.
See also
* List of International Court of Justice cases
The list of International Court of Justice cases includes contentious cases and advisory opinions brought to the International Court of Justice since its creation in 1946. Forming a key part of international law, 181 cases have been entered onto ...
* Right of asylum
The right of asylum (sometimes called right of political asylum; ) is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, like a second country or another ent ...
References
External links
Asylum (Colombia/Peru)
International Court of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
database. Accessed 25 July 2008
International Court of Justice cases
Colombia–Peru relations
1950 in case law
1950 in Colombia
1950 in Peru
Right of asylum case law
Right of asylum in Colombia
1950 in international relations
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