The asylum case: an analysis of the International Court of Justice's leading judgment on political asylum and regional custom

This paper offers an overview of the political background in Peru when a dispute on asylum Victor Raúl Haya de la Torre between Colombia and arose. The claim counter-claim submitted to International Court Justice (ICJ) Court´s decision are discussed. It critically reviews judgment's main issues international legal debate: right qualification offense, discussion over regional customary law, duty or not give safe-conduct, what should be considered urgency for purposes diplomatic asylum. claims that unilateral offense is essential character highlights this was first tribunal confirms existence custom discusses necessary local practice custom. refutes ICJ´s ruling argues nowadays, Latin-American context, territorial State bound issue regardless if it requested refugee leave country. disagrees with restrictive interpretation term “urgent cases” understands shall construed allow times instability prevent democratic normality.