Practice Relating to Rule 137. Participation of Child Soldiers in Hostilities
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:
5. … uses [children under the age of 18] to participate actively in hostilities, shall be imprisoned for a period of no less than six and no more than 12 years.
This article is no longer in force.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:
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 uses minors under the age of eighteen in hostilities.