Peru
Practice Relating to Rule 1. The Principle of Distinction between Civilians and Combatants
Section A. The principle of distinction
Peru’s IHL Manual (2004) states: “A distinction must be made at all times between … combatants and civilians.”
The manual further states:
The Principle of Distinction establishes the obligation to observe a distinction between those who take part in the hostilities and those who do not. The distinction between people and objects that are considered military objectives and those that are not is important, because it determines whether or not a target can be attacked.
The manual also states:
Commanders must take all necessary measures and ensure that their subordinates distinguish between people … that are considered military objectives and those that are not both in the conduct of operations and in their behaviour during engagements.
Peru’s IHL and Human Rights Manual (2010) states: “A distinction must be made at all times between … combatants and civilians”.
The manual also states: “The Principle of Distinction establishes the obligation to distinguish between those who take part in hostilities and those who do not.”
The manual further states: “The general principles on the means of combat and their use are based on the fundamental distinction between combatants … and civilians”.
Peru’s Decree on the Use of Force by the Armed Forces (2010) states:
The following principles are recognized by the norms of international humanitarian law as applying before, during and after the use of force:
…
b.
Distinction … is the differentiation which must be made between those who directly participate in hostilities and those who do not.