007- Asylum Case (Colombia vs Peru)

On October 15, 1949, Colombia filed an application instituting proceedings against Peru before the International Court of Justice. The dispute regarded the interpretation of certain provisions of the Pan-American Convention of Havana on the Right of Asylum (1928). In this case, diplomatic asylum had been granted on January 3rd, 1949, in the Colombian Embassy in Lima, to a Peruvian national, Mr. Victor Raúl Haya de la Torre, a politician accused of having provoked a military rebellion.

In particular, the question was whether the State granting the right of asylum could unilaterally classify the offence committed by the asylum seeker and whether this classification was imposed on the territorial State. The ICJ also had to rule on whether the territorial State had an obligation to ensure the security of the national before he left the country. The Court answered these two questions negatively in its judgment of November 20th, 1950.

Judgment of 20-11-1950.pdf

This summary is provided for informational purposes only, does not involve the responsibility of Dome and should in no way be used as a substitute for a careful reading of the judgment and order of the case.