The Colombian-Peruvian Asylum Case: The Practice of Diplomatic Asylum

By a turn of legal fate, the first case between two American states to be decided by either the International Court of Justice or its predecessor, the Permanent Court of International Justice, is one which involves the controversial practice of diplomatic asylum. One can choose to regard diplomatic asylum as a principle of American international law or as a “permissive local custom,” though in no sense a principle of international law, or one can agree that “the fact that asylum is not exercised in the territory of the leading states, and is mainly resorted to in the ‘backward’ countries of the Near and Far East and of Latin America, suggests that it is a practice followed only in relation to states who are not fully civilized in the Western sense of the term, and that as such it is a temporary exception to the system of international law which obtains in the community of civilized nations.” Whatever the viewpoint, the fact remains that the practice has been indulged in for a long time, with and without formal legal sanction, and in more places than Latin America. The Colombian-Peruvian Asylum Case brings to attention the issues of the validity in international law of diplomatic asylum and of its desirability in international relations. A short sketch of the origin and development of diplomatic asylum will indicate something of its nature.