Diplomatic asylum concept and an international law practice: Haya de la Torre Case

Diplomatic asylum is the practice of asylum granted by a State outside its territory in its diplomatic missions, in its consulate installations in foreign territory. Diplomatic asylum has always been a controversial topic in international law and international affairs. The delicate balance between the authority of sovereignty of the receiving state and the diplomatic immunity of the state providing protection causes to diplomatic crisis. While it is a priority for states to utilise diplomatic means in the resolution of diplomatic asylum conflicts, the resolution of some conflicts may take years. The Haya de la Torre Case between Colombia and Peru is significant as it is first and only case in which the International Court of Justice decided on diplomatic asylum. The International Court of Justice's approach to diplomatic asylum has been criticised, particularly in the Latin American area, and the Court's adjudgement has been found insufficient in several respects. The Court's judgement has encouraged Latin American countries to issue a regional international convention on diplomatic asylum. The concept of asylum, the historical process of asylum and types of asylum are described. Since diplomatic asylum, which is an implementation of extraterritorial asylum, cannot be considered separately from the issue of diplomatic immunity and privileges, the immunity of mission premises is discussed. The historical background of diplomatic asylum and diplomatic asylum from the theoretical perspective are the other topics analysed in this part. Diplomatic asylum is evaluated in international law regulations. Significant cases of diplomatic asylum in international law are analysed. According to the International Court of Justice Colombia v. Peru Case, which is associated with diplomatic asylum, the stipulations of diplomatic asylum and the procedures for the termination of diplomatic asylum are examined. At the end of the study, problems and solution recommendations on the issue of diplomatic asylum are presented. KEYWORDS:Asylum, Diplomatic Asylum, Extraterritoriality, Diplomatic Immunity, International Conventions, Haya de la Torre, International Court of Justice.