Practice Relating to Rule 154. Obedience to Superior Orders
Peru’s Human Rights Charter of the Security Forces (1991) provides that, if they believe an order violates human rights, members of the armed and police forces are required to seek more justifications for its execution.
Under Peru’s Code of Military Justice (1980), refusal or failure to execute a military order in wartime constitutes a punishable offence. Failure to carry out an order in the course of duty without justifiable cause constitutes disobedience.
Peru’s Law on the Disciplinary Regime of the National Police (2004) states: “A subordinate is not obliged to obey orders that lead to the violation of human rights or the commission of a crime, misdemeanour or administrative infraction.”
Peru’s Code of Military and Police Justice (2006) states:
The following shall be exempt from criminal responsibility and sanctions:
8. Any person who refuses to comply with an order of a superior or competent authority and the order is manifestly unconstitutional or unlawful or contravenes the customs of war.
Peru’s Law on the Disciplinary Regime of the Armed Forces (2007) states:
If orders contravene the constitutional legal order and involve the commission of a crime or the violation of a person’s fundamental rights, subordinate personnel shall not be obliged to obey them and shall justify to their superior by giving them in writing the reasons for their conduct. If circumstances do not allow for a justification in writing, subordinate personnel may give them orally.
Peru’s Military and Police Criminal Code (2010) states:
In cases concerning crimes against International Humanitarian Law, the punishment shall be lessened for individuals who carried out an order by a government, authority or superior, whether civilian or military, as long as:
a. The perpetrator did not know that the order was unlawful; and
b. The order was not manifestly unlawful.