Asylum Case Digest

2 February 2017

The Asylum Case (1960 World) Facts: Torre, the unsuccessful leader of a military rebellion in Peru in 1948, sought political asylum in the Columbian embassy in Lima. Peru refused to allow Torre to leave the country, and insisted he be given over to Peru to be tried for military rebellion.

Dispute referred to the ICJ, which first decided that Columbia had no treaty right to declare that Torre was entitled to the status of a political offender eligible for political asylum.The ICJ then turned to customary international law. Issue: Whether there is an custom so established that it is binding to allow Columbia to grant political asylum. Holding: No evidence as to custom allowing Columbia to grant political asylum and binding Peru. Reasoning: Columbia cited several conventions, of which some Peru was not a party so not binding, and others that were accepted by so few states it is very weak.Columbia also refers to many cases where political asylum was granted, but court cannot determine whether they were granted due to usage, or for politicalexpediency. Court says Columbian gov’t has not through its arguments proven the existence of such a custom.

Asylum Case Digest Essay Example

And, if there was such a custom, it could not be enforced against Peru, b/c they were not party to the Montevideo convention which included matters of political asylum. RULE: To invoke a customary international law, you have to prove it has been used fairly often, and adopted by many states.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. [2] Both submissions of Colombia were rejected by the Court. 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.

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