Practice Relating to Rule 96. Hostage-Taking
Peru’s IHL Manual (2004) states: “Hostage taking is prohibited.”
In situations of non-international armed conflict, the manual states that the “taking of hostages” committed against persons taking no active part in hostilities or placed hors de combat
Peru’s IHL and Human Rights Manual (2010) states: “Hostage taking is prohibited.”
In situations of non-international armed conflict, the manual states that the “taking of hostages” committed against persons taking no active part in hostilities, or placed hors de combat
Peru’s Regulations to the Law on Internal Displacement (2005) states: “Internally displaced persons shall not be taken hostage during armed conflicts or situations derived from them.”
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:
2. Takes hostage a person protected by international humanitarian law shall be imprisoned for a period of no less than ten and no more than 20 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This article is no longer in force.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 a person protected by International Humanitarian Law as hostage.
The Code defines persons protected by international humanitarian law as follows:
The following are persons protected by International Humanitarian Law:
1. In an international armed conflict, the persons protected by the Geneva Conventions I, II, III and IV of 12 August 1949 [and] Additional Protocol I to the Geneva Conventions of 8 June 1977.
2. In a non-international armed conflict, the persons who benefit from protection under Article 3 common to the Geneva Conventions of 1949 and, where relevant, the Additional Protocol II to the Geneva Conventions of 8 June 1977.
3. In international and non-international armed conflicts, members of the armed forces and persons who directly participate in hostilities who have laid down their arms or for any other reason find themselves defenceless.
In 2006, in the Lucanmarca case, the Second Provisional Criminal Chamber of Peru’s Supreme Court of Justice stated:
International human rights law, international humanitarian law and Peru’s Political Constitution recognise the right to … personal liberty and security.
In international humanitarian law, Article 3 common to the  Geneva Conventions prohibits in non-international armed conflicts attempts on the life and physical integrity of civilians, in particular … hostage taking.