Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Peru’s IHL Manual (2004) states: “[The parties to the conflict] must provide mutual assistance and cooperate in the repression of grave breaches of international humanitarian law.”
Peru’s IHL and Human Rights Manual (2010) states: “[The parties to the conflict] must provide mutual assistance and cooperate in the repression of grave breaches of international humanitarian law.”
Peru’s IHL and Human Rights Manual (2010) states:
IHL imposes on States the obligation to search for and punish all persons who have committed grave breaches [of IHL], irrespective of the nationality of the perpetrator or the place where they committed the crime. This obligation stems from the principle called UNIVERSAL JURISDICTION … , and includes the obligation to prosecute them or to extradite them. This obligation falls on all States affected by the commission of the crime.
Under Peru’s Constitution (1979), political offences are not extraditable offences. Acts of terrorism, murder of high-ranking officials (magnicidio
) and acts of genocide are not to be considered as political offences.
Peru’s New Code of Criminal Procedure (2004) states
2. An extradition shall not take place if:
e) The crime is exclusively military in nature, … political or related to politics, the press or [public] opinion. The fact that the victim of the offence exercised a public function does not in itself justify regarding the offence as political. The fact that the person to be extradited used to hold public office does not necessarily politicize the offence either. The following shall not be considered political crimes: terrorism, crimes against humanity, and offences for which Peru is obliged by an international treaty to prosecute or extradite.
Peru’s New Code of Criminal Procedure (2004) states:
1. Acts of international judicial cooperation, without prejudice to what is stipulated in international treaties, are the following:
b) Notifications regarding decisions and judgments, as well as notifying witnesses and experts when required to render their testimony;
c) Receiving testimonies and statements;
d) Showing and forwarding of judicial documents or their copies;
e) Forwarding of documents and reports;
f) Conducting inspections or investigations;
g) Examining objects and places;
h) Blocking of accounts, distraints, seizures or freezing of assets, house searches, control of communication, identification or locating of assets or of the instruments used for the commission of a crime, and any other measure limiting the exercise of rights;
i) Forwarding information and any elements of proof;
j) Temporary transfer of detainees during their criminal trial or after their conviction, whenever their appearance as witnesses be required, and of persons who are not detained;
k) Transfer of convicted persons;
l) Judicial proceedings abroad; and,
m) Supervised surrender of criminal goods.
The Code also states:
1. Acts of cooperation between Peru and the International Criminal Court are:
a) Arrest and surrender of persons
b) Provisional arrest;
c) The forms of cooperation stipulated in Article 93 of the  Statute of the International Criminal Court.
2. Further, if they are not specifically included in the aforementioned international treaty, it will be possible to grant assistance in the circumstances covered by Article 511, paragraph 1, sub-paragraphs b) to m) and with regard to the execution of penalties imposed on Peruvian nationals by the International Criminal Court.