The Asylum Case

1
The Asylum Case

• CSA 6470-Intl Legal Framework
• Prof Mr. Stephen Muffler, Esquire
• By Orlando R. Villaverde

2
The judicial body of this research is within the
International Court of Justice (ICJ).

• the argument by one of the parties in this case
  results from Colombias determination on the
  basis of the treaty provisions of both countries
  (Peru and Colombia) and the American
  International Law in general.

3
Asylum Case

• The facts of the case resulted from Colombia
  granting political asylum in its embassy in Peru,
  to a Senor Haya de la Torre, a Peruvian
  politician who had participated in an
  unsuccessful rebellion in Peru in 1948 (August,
  2004). Peru in turn refuses in granting
  political asylum, which resulted in Colombia
  suing Peru in the International Court of
  Justice.

4
Asylum Case

• The legal issues surrounding this case among
  other things is that Colombia granting asylum, is
  competent to qualify the offense (as political or
  not) for the purpose of said asylum and also
  based on the treaty provision and the American
  International law in general (August, 2004)

5
Asylum Case

• The decision or the judgment of the court was
  that Peru was not obligated to allow Senor Haya
  de la Torre to leave the country even though,
  political asylum was granted in Colombia.

6
Asylum Case (Rational)

• This uncertainty coupled by political influence
  resulted in the ICJ unable to determine that the
  custom usage was uniform and accepted by law in
  regards to this case and that the custom was
  adopted in the past by the states involved,
  particularly the Latin American States.

7
Asylum Case (Rational)

• Asylum was in fact granted, but there were no
  evidence that the alleged rule was invoked or
  exercise by the states granting asylum as a
  right pertaining and applicable by the
  territorial states as a duty incumbent by them to
  follow as a rule of law (August, 2004)