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The Asylum Case | 1950 I.C.J. 266 (1950)
How does an international custom become binding law, and who has the burden of proving that a custom is binding? The International Court of Justice considered these questions in The Asylum Case.
In October nineteen forty eight, Peruvian national Victor Raul Haya de la Torre helped lead a failed coup against the Peruvian government. Peru issued a warrant for Haya de la Torre’s arrest, and he sought political asylum in the Colombian embassy in Lima. Colombia determined that Haya de la Torre’s conduct constituted a political offense rather than a common crime. Colombia therefore qualified Haya de la Torre as a political asylee and requested that Peru give him safe passage out of Peru and into Colombia. Peru refused and demanded that Colombia hand Haya de la Torre over for trial. Peru argued that Haya de la Torre was a common criminal who was entitled to neither asylum nor safe passage.
Having reached an impasse, the two nations agreed to refer the matter to the International Court of Justice. Colombia applied for a ruling that Peru was obligated to grant Haya de La Torre safe passage, arguing that unilateral qualification of asylees was customary in Latin America.
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