Forthcoming in the Max Planck Yearbook of United Nations Law (27) international law on the matter, as it had repeatedly repudiated it. 26 In the end, even though the Court eventually found that Peru was not bound by a purported customary rule on diplomatic asylum, it did not say much on the proper scope of the right to asylum. Moreover, in the sequel, Haya de la Torre case, the ICJ concluded that, notwithstanding diplomatic asylum was irregularly granted, Colombia was under no obligation to surrender Haya de la Torre to the Peruvian authorities.27 Though the Commission initially decided to include the right of asylum in its provisional list for codification, the topic was not given priority. 28 Yepes, nevertheless, was determined to get an official statement by the ILC on the issue. Together with Georges Scelle and Ricardo J. Alfaro, he proposed the inclusion, in the Draft Declaration of the Rights and Duties of States, of a right to ‘accord asylum to persons of any nationality who request it in consequences of persecutions for offences which the state according asylum deems to have a political character’.29 The provision also included a corresponding obligation on the state of nationality to ‘respect the asylum accorded’ which was not to be considered ‘an unfriendly act’.30 One of the points of contention in the debates that followed was precisely the existence of a settled practice regarding extraterritorial asylum. While Yepes and others supported the inclusion of a broader concept of asylum, James Brierly and J.P.A. François maintained that states were only entitled to grant this form of protection in their territories, therefore excluding legations as places of asylum. 31 Even though some members initially welcomed the proposal (which was provisionally adopted), the Commission finally rejected it due to its complexity 26 Asylum Case (Contre-Mémoire Présenté au nom du Gouvernement de la République du Pérou) [21 March 1950], at 277–278. Haya de la Torre (Colombia/Peru) (Intervention) [1951] ICJ Rep. 71 (‘Haya de la Torre case’), at 82. The decisions of the Court in the Haya de la Torre saga prompted Latin American countries to adopt the 1954 Convention on Diplomatic Asylum. 27 UN ILC, ‘Summary Records and Documents of the First Session’, at 58. Ibid., at 125. 30 Ibid. 31 Ibid., at 127. 28 29 8 Electronic copy available at: https://ssrn.com/abstract=4816199