In the ASYLUM CASE (Colombia v Peru), 1950 ICJ Rep 266, the ICJ addressed the question of DIPLOMATIC ASYLUM. The Court held that:
Adiplomatic asylum is a well-established universal customary rule applicable to all States (cf. Asylum Case (Colombia v Peru), 1950 ICJ Rep 266) (cf. Asylum Case (Colombia v Peru), 1950 ICJ Rep 266)
Bdiplomatic asylum is automatically available in all embassies worldwide (cf. Asylum Case (Colombia v Peru), 1950 ICJ Rep 266) (cf. Asylum Case (Colombia v Peru), 1950 ICJ Rep 266)
Cthe doctrine of diplomatic asylum is NOT firmly established in general international law (though it has wider acceptance in Latin America by specific treaties); a regional custom requires consistent uniform practice of the relevant States
Dthe ICJ has no jurisdiction over asylum questions (cf. Asylum Case (Colombia v Peru), 1950 ICJ Rep 266) (cf. Asylum Case (Colombia v Peru), 1950 ICJ Rep 266)
Answer & Solution
Correct answer: C. the doctrine of diplomatic asylum is NOT firmly established in general international law (though it has wider acceptance in Latin America by specific treaties); a regional custom requires consistent uniform practice of the relevant States
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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