Practice Relating to Rule 77. Expanding Bullets
Peru’s IHL Manual (2004) states that “expanding bullets” are prohibited weapons.
Peru’s IHL and Human Rights Manual (2010) states that “expanding bullets” are prohibited weapons.
Peru’s Code of Military and Police Justice (2006) states:
A member of the military or police shall be imprisoned for a period of no less than eight and no more than 15 years if he or she in the context of an international or non-international armed conflict:
3. Uses bullets that expand or flatten easily in the human body, in particular bullets with a hard envelope which does not entirely cover the core or is pierced with incisions.
This article is no longer in force.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), in a chapter entitled “Crimes involving the use of prohibited means in the conduct of hostilities”, states:
A member of the military or the police shall be punished with deprivation of liberty of not less than eight years and not more than fifteen years if, in a state of emergency and when the Armed Forces assume control of the internal order, he or she:
3. Uses bullets which open or expand easily in the human body, in particular bullets with a hard envelope which does not entirely cover the core or is pierced with incisions.