Last Palmas/Miangas Island Case Digest

Full title: The Island of Las Palmas/Miangas Case (Netherlands v. United States), Arbitral Award of 1928 [on sovereignty over land] Facts Palmas is a small island with a population of about 750 located between Mindanao and Nanusa under the Netherlands Indies. (100 miles East/South East of General Santos City) and the Dutch East Indies (Indonesia). […]

The Asylum Case (Colombia v. Peru) Digest

ICJ Judgment of 20 November 1950 Facts A military rebellion broke out in Peru. Haya was denounced as responsible and his arrest was ordered. In January 1949, Haya sought diplomatic asylum in the Colombian Embassy in Lima, Peru. The Ambassador of Colombia (“The Ambassador”) requested that Haya be given safe passage to leave Peru. Peru […]

The Paquete Habana Case Digest

175 U.S. 677 (1900) [on custom] Facts The case involved fishing vessels called the Paquete Habana and Lola, which navigated near Cuba but were seized by the U.S. government for alleged violations of international law, specifically the laws of nations regarding the rights of neutrals during a war. They were seized as a prize of […]

The Asylum Case (Columbia v. Peru) Digest

[on custom] For custom (CIHL) to be definitely proven, it must be continuously and uniformly executed. Uniformity and generality of practice need not be complete, but it must be substantial. Here, Colombia failed to prove the existence of a constant and uniform practice that the State of refuge has the right to grant refuge and […]