The Asylum Case
International Court of Justice
1950 I.C.J. 266 (1950)
Relevant factsFree
After political figure Haya de la Torre sought asylum from Peru (defendant) in Colombia's (plaintiff) embassy following a failed coup, Peru demanded his surrender for trial while Colombia unilaterally asserted he was entitled to asylum, claiming this unilateral qualification was customary in Latin American practice; Peru had never ratified the Montevideo Convention adopting that practice, and the dispute was referred to the ICJ.
IssueFree
Whether a party relying on customary international law bears the burden of proving that the custom is established in a manner binding on the other party.