1950

ICJ

Asylum Case Colombia v. Peru

After an unsuccessful rebellion in Peru an arrest warrant was issued against the Peruvian Haya de la Torre. He was granted asylum by Colombia. Colombia sought a safe conduct to allow him out of the country and alleged that she was competent to qualify the offence for the purpose of the asylum

Colombia have alleged a local custom peculiar to LA The party which relies on a custom of this kind (local) must prove that the custom is established in such a manner that it is binding on the other party. Colombia must prove that the constant and uniform usage is the expression of a right appertaining to the State granting asylum and a duty incumbent the territorial State. In the instant case no constant and uniform practice of qualification of the offence exists, and if it existed, Peru has always repudiated