1951

ICJ

Haya de la Torre case Colombia v. Peru

After deciding that the Asylum granted by Colombia to Haya de la Torre was unlawful, the ICJ was asked to determine how that unlawful asylum should be brought to an end.

The subject matter of the present case differs from Asylum Judgment. It concerns a question –the surrender of Haya de la Torre to Peruvian Authorities- which in the previous case was completely outside the submission of the parties and which was not decided by the judgment. It was asked to the court to make a choice among the various courses by which the asylum may be terminated. These courses are conditionated by facts and by possibilities that the parties are alone in a position to appreciate. A choice amongst them could not be based on legal considerations, but only on considerations of practicability or of political expediency; it is not part of the court judicial function to make such choice