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Permanent Court of International Justice

Series A: Collection of Judgments (1923-1930)
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Français

Asylum (Colombia v. Peru)

See also Request for Interpretation of the Judgment of 20 November 1950 in the Asylum Case (Colombia v. Peru)

Overview of the case

The granting of diplomatic asylum in the Colombian Embassy at Lima, on 3 January 1949, to a Peruvian national, Victor Raúl Haya de la Torre, a political leader accused of having instigated a military rebellion, was the subject of a dispute between Peru and Colombia which the Parties agreed to submit to the Court. The Pan-American Havana Convention on Asylum (1928) laid down that, subject to certain conditions, asylum could be granted in a foreign embassy to a political refugee who was a national of the territorial State. The question in dispute was whether Colombia, as the State granting the asylum, was entitled unilaterally to “qualify” the offence committed by the refugee in a manner binding on the territorial State — that is, to decide whether it was a political offence or a common crime. Furthermore, the Court was asked to decide whether the territorial State was bound to afford the necessary guarantees to enable the refugee to leave the country in safety. In its Judgment of 20 November 1950, the Court answered both these questions in the negative, but at the same time it specified that Peru had not proved that Mr. Haya de la Torre was a common criminal. Lastly, it found in favour of a counter-claim submitted by Peru that Mr. Haya de la Torre had been granted asylum in violation of the Havana Convention.


This overview is provided for information only and in no way involves the responsibility of the Court.

Institution of proceedings

Written proceedings

Memorial submitted by the Government of the Republic of Colombia
(French version only)

10 January 1950
Procedure(s): Counter-claims
Available in:
French

Counter-Memorial submitted by the Government of the Republic of Peru
(French version only)

21 March 1950
Procedure(s): Counter-claims
Available in:
French

Reply submitted by the Government of the Republic of Colombia
(French version only)

20 April 1950
Procedure(s): Counter-claims
Available in:
French

Rejoinder submitted by the Government of the Republic of Peru
(French version only)

15 June 1950
Procedure(s): Counter-claims
Available in:
French

Oral proceedings

Verbatim record 1950

Minutes of the Public Sittings held at the Peace Palace, The Hague, from September 26th to November 27th 1950, the President, M. Basdevant, presiding
Procedure(s): Counter-claims
Available in:
Original Language

Other documents

Orders

Order of 20 October 1949

Fixing of time-limits: Memorial and Counter-Memorial, Reply and Rejoinder
Available in:
English French Bilingual

Order of 17 December 1949

Extension of time-limits: Memorial and Counter-Memorial
Available in:
English French Bilingual

Order of 9 May 1950

Extension of time-limit: Rejoinder
Available in:
English French Bilingual

Judgments

Summaries of Judgments and Orders

Summary 1950/5

Summary of the Judgment of 20 November 1950
Available in:
English French

Press releases

Press release 1949/18

17 October 1949
Asylum (Colombia/Peru) - Filing by Colombia of an Application instituting proceedings against Peru
Available in:
English French

Press release 1949/19

20 October 1949
Asylum (Colombia/Peru) - Order fixing the time-limits for the filing of the written pleadings
Available in:
English French

Press release 1949/27

17 December 1949
Asylum (Colombia/Peru) - Order extending the time-limit for the filing by Colombia of its Memorial
Available in:
English French

Press release 1950/2

11 January 1950
Asylum (Colombia/Peru) - Appointment of Judges ad hoc by Colombia and Peru
Available in:
English French

Press release 1950/34

22 September 1950
Asylum (Colombia/Peru) - The Court will hold a series of public hearings beginning 26 September 1950
Available in:
English French

Press release 1950/35

25 September 1950
Asylum (Colombia/Peru) - Appointment of Judges ad hoc and representation of the Parties at the hearings
Available in:
English French

Press release 1950/36

26 September 1950
Asylum (Colombia/Peru) - Public hearings of 26 September 1950
Available in:
English French

Press release 1950/37

29 September 1950
Asylum (Colombia/Peru) - Public hearings of 26 to 29 September 1950
Available in:
English French

Press release 1950/38

3 October 1950
Asylum (Colombia/Peru) - Public hearings of 2 and 3 October 1950
Available in:
English French

Press release 1950/39

6 October 1950
Asylum (Colombia/Peru) - Public hearings of 6 October 1950
Available in:
English French

Press release 1950/40

9 October 1950
Asylum (Colombia/Peru) - Public hearing of 9 October 1950
Available in:
English French

Press release 1950/42

16 November 1950
Asylum (Colombia/Peru) - The Court will deliver its Judgment on 20 November 1950
Available in:
English French

Press release 1950/43

20 November 1950
Asylum (Colombia/Peru) - Judgment of the Court of 20 November 1950
Available in:
English French

Correspondence

Correspondence

8 October 1949
Correspondence
Available in:
English French