Peru
Practice Relating to Rule 129. The Act of Displacement
Section B. Evacuation of the civilian population
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.
Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand.
Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement.
Persons thus evacuated must be transferred back to their homes as soon as hostilities in the area in question have ceased.
The manual also states that war crimes include the “unlawful deportation or transfer of a protected person”.
The manual further states: “The occupying power must not detain the inhabitants of the occupied territory in an area particularly exposed to the dangers of war, unless the security of the population or imperative military reasons so demand.”
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.
Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand.
Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement.
Persons thus evacuated must be transferred back to their homes as soon as hostilities in the area in question have ceased.
The manual also states that war crimes include the “unlawful deportation or transfer of a protected person”.
The manual further states: “The occupying power must not detain the inhabitants of the occupied territory in an area particularly exposed to the dangers of war, unless the security of the population or imperative military reasons so demand.”
Peru’s Constitution (1993) authorizes the restriction or suspension of,
inter alia, freedom of movement during “states of emergency” (cases of disturbance of the peace or internal order, of disasters, or serious circumstances affecting the life of the nation), but banishment remains prohibited at all times. During “states of siege” (cases of invasion, external war, civil war or imminent danger), on the other hand, fundamental rights cannot be suspended.