In the ASYLUM CASE (Colombia v Peru), 1950 ICJ Rep 266, the ICJ addressed the question of DIPLOMATIC ASYLUM. The Court held that:
Answer & Solution
Correct answer: C.
1. The Asylum Case (Colombia v. Peru, 1950) concerned Colombia's grant of asylum in its Lima embassy to the Peruvian opposition leader Haya de la Torre.
2. The ICJ held: DIPLOMATIC ASYLUM is NOT a well-established rule of general international law. Colombia's claim that there existed a Latin American regional custom failed because the practice was not consistent and uniform.
3. The Court emphasised that the party invoking a custom must prove that the custom is established in such a manner that it has become binding on the other Party.
4. The case is significant for the test it applied to PROVE custom — particularly REGIONAL or BILATERAL custom.
5. Hence option B is correct.
_Source: UN Charter 1945 / VCLT 1969 — Asylum Case (Colombia v Peru), 1950 ICJ Rep 266_
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