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 Colombia�s 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)