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The ICJ said that Extradition based on its defnition cannot apply to the

dispute beore it . ( because the concern is diplomatic asylum

Issue in this case:

Whether or not Columbia as the State rantin asylum! is competent to

"ualiy the nature o the o#ense by a unilateral and defniti$e decision

bindin on %eru&

In this case Columbia 'o$ernment relied on rticle ) o this areement

concernin extradition o a criminal reuee rom the territory o the State in

*hich he has souht reue. The aruments submitted in this respect re$eal

a conusion bet*een territorial asylum (extradition+! on the one hand! and

diplomatic asylum! on the other,

-istinction: -iplomatic sylum $s Territorial sylum:

In the case o Territorial sylum Extradition/:

0ere the reuee is *ithin the territory o the State o reue. decision *ith

reard to extradition implies only the normal exercise o the international

territorial so$ereinty. The reuee is outside the territory o the State *ere

the o#ence *as committed! and a decision to rant him asylum in no *ay

deroates rom the so$ereinty o that State.

In the case o diplomatic asylum! the reuee is *ithin the territory o the

State *here the o#ense *as committed. decision to rant diplomatic

asylum in$ol$es a deroation rom the so$ereinty o that State. It *ithdra*s

the o#ender rom the 1urisdiction o the territorial State and constitute aninter$ention in matter *hich territorial so$ereinty cannot be reconi2ed

unless its leal basis is established in each particular case.

034 C543E4TI54 S6789

The Columbian 'o$ernment in$oed the 0a$ana Con$ention yslum o,; it lays do*n certain rules on diplomatic asylum! but ( a bi ?8T+ there

is no pro$ision conerrin on the State rantin asylum a unilateral

competence to "ualiy the o#ence *ith defniti$e and bindin orce or the

territorial state.

,sylum Case! ,;@A ICJ reports! last line o pae ;

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Important: Sir hihlihted on this part o

the case:

9onte$ideo Con$ention : moreo$er its preamble states that it modifes the

0a$ana Con$ention! it cannot represent merely an interpretation o the

Con$ention.