القاعدة ذات الصلة
Peru
Practice Relating to Rule 129. The Act of Displacement
Section A. Forced displacement
Peru’s IHL Manual (2004) states:
Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the occupying power or to that of any other country, occupied or not, are prohibited, regardless of their motive. 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 62.b.
The manual also states that war crimes include the “unlawful deportation or transfer of a protected person”. 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 31.a.(6).
Peru’s IHL and Human Rights Manual (2010) states: “Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the occupying power or to that of any other country, occupied or not, are prohibited, regardless of their motive.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 63(b), p. 266.
The manual also states that war crimes include the “unlawful deportation or transfer of a protected person”. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 32(a)(6), p. 248.
Peru’s Law on Internal Displacement (2004) states:
7.2 The prohibition of arbitrary displacement includes displacement:
a) based on policies whose object or result is the alteration of the ethnic, religious, racial, social or political composition and apartheid … ;
b) in situations of armed conflict, unless the security of the civilian population involved or imperative military reasons so demand;
d) when it is used as collective punishment.
7.3 Displacements shall last no longer than required by the circumstances. 
Peru, Law on Internal Displacement, 2004, Article 7.2.(a), (b) and (d) and 7.3.
The Law also states:
Prior to any decision requiring the displacement of persons, the authorities concerned shall ensure that all feasible alternatives are explored in order to avoid displacement altogether. When no alternatives exist, all measures shall be taken to minimize displacement and its adverse effects. 
Peru, Law on Internal Displacement, 2004, Article 8.1.
Peru’s Code of Military and Police Justice (2006) states:
Any member of the military or police who in the context of an international or non-international armed conflict:
6. Deports or forcefully transfers a person who is protected by international humanitarian law and lawfully present in a territory, thereby displacing the person to another State or territory through expulsion or other coercive measures in violation of the general norms of international humanitarian law, shall be imprisoned for a period of no less than five and no more than ten years. 
Peru, Code of Military and Police Justice, 2006, Article 90(6).
This article is no longer in force. Along with certain other articles in this legislation, it was declared unconstitutional by the Constitutional Court (en banc decision for case file No. 0012-2006-PI-TC, 8 January 2007) because it does not stipulate a crime committed in the line of duty that would fall under the jurisdiction of a military court pursuant to Article 173 of Peru’s Constitution.
Peru’s Military and Police Criminal Code (2010) states:
Article 88. – Crimes against persons protected by International Humanitarian Law
A member of the military or the police shall be punished with deprivation of liberty of not less than three and not more than five years if, in a state of emergency and when the Armed Forces assume control of the internal order, … he or she forcefully deports or transfers persons. 
Peru, Military and Police Criminal Code, 2010, Article 88.
The Code defines persons protected by international humanitarian law as follows:
The following are persons protected by International Humanitarian Law:
1. In an international armed conflict, the persons protected by the Geneva Conventions I, II, III and IV of 12 August 1949 [and] Additional Protocol I to the Geneva Conventions of 8 June 1977.
2. In a non-international armed conflict, the persons who benefit from protection under Article 3 common to the Geneva Conventions of 1949 and, where relevant, the Additional Protocol II to the Geneva Conventions of 8 June 1977.
3. In international and non-international armed conflicts, members of the armed forces and persons who directly participate in hostilities who have laid down their arms or for any other reason find themselves defenceless. 
Peru, Military and Police Criminal Code, 2010, Article 75.