Practice Relating to Rule 58. Improper Use of the White Flag of Truce
Peru’s IHL Manual (2004) states: “It is prohibited to make improper use of the … white flag (flag of truce).”
Peru’s IHL and Human Rights Manual (2010) states: “It is prohibited to make improper use of the … white flag (flag of truce).”
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 kills or seriously injures a person by making improper use of … the flag of truce … shall be imprisoned for a period of no less than ten and no more than 20 years.
If the person intentionally causes the death of another person the penalty shall be no less than 20 and no more than 30 years imprisonment.
This article is no longer in force.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.