Practice Relating to Rule 45. Causing Serious Damage to the Natural Environment
Section A. Widespread, long-term and severe damage
Peru’s IHL Manual (2004) states: “It is prohibited to use weapons that can … cause widespread, long-term and severe damage to the natural environment.”
Peru’s IHL and Human Rights Manual (2010) states: “It is prohibited to use weapons that can … cause widespread, long-term and severe damage to the natural environment.”
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 carries out an attack knowing that it will cause widespread, long-term and severe damage to the natural environment which would be clearly disproportionate in relation to the concrete and direct overall military advantage anticipated shall be punished with a penalty of no less than six and no more than 15 years’ of deprivation of liberty.
This article is no longer in force.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 more than six and not less than fifteen years if he or she, in a state of emergency and when the Armed Forces have assumed control over the internal order, carries out an attack with military means that is disproportionate to the concrete and direct military advantage anticipated, that is not sufficiently justified and that results in foreseeable extensive, long-term and irreparable damage to the natural environment.