Colombia v Peru [1950] ICJ 6 (also known as the Asylum Case) is a public international law case, decided by the International Court of Justice. 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.[1] The Court also clarified that for custom to be definitively proven, it must be continuously and uniformly executed.
The Colombian Ambassador in Lima, Peru allowed Víctor Raúl Haya de la Torre, 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[2] - 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.[3]
Judgmentedit
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.
asylum, case, colombia, peru, 1950, also, known, asylum, case, public, international, case, decided, international, court, justice, recognised, that, scope, article, statute, international, court, justice, encompassed, lateral, regional, international, customa. Colombia v Peru 1950 ICJ 6 also known as the Asylum Case is a public international law case decided by the International Court of Justice 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 1 The Court also clarified that for custom to be definitively proven it must be continuously and uniformly executed Asylum CaseCourtInternational Court of JusticeFull case nameAsylum Case Colombia v Peru DecidedNovember 20 1950 1950 11 20 Contents 1 Facts 2 Judgment 3 See also 4 References 5 External linksFacts editThe Colombian Ambassador in Lima Peru allowed Victor Raul Haya de la Torre 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 2 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 3 Judgment editBoth 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 editList of International Court of Justice cases Right of asylumReferences edit Dixon Martin International Law ed 6 2007 Oxford University Press Inc New York www oas org http www oas org juridico english treaties a 37 html Retrieved 2024 01 21 a href Template Cite web html title Template Cite web cite web a Missing or empty title help Press releases Communique No 50 43 Archived 2009 12 29 at the Wayback Machine Judgment of the ICJ of 20 November 1950External links editAsylum Colombia Peru International Court of Justice database Accessed 25 July 2008 nbsp This article related to international law is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Asylum case amp oldid 1203267663, wikipedia, wiki, book, books, library,
