Related Rule
Peru
Practice Relating to Rule 74. Chemical Weapons
Peru’s IHL Manual (2004) states that “chemical weapons” are prohibited weapons.
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 31.b.(2).(d).
The manual also states that war crimes include the “use of prohibited means or methods of warfare ([including] chemical … weapons)”.
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 31.a.(7).
Peru’s IHL and Human Rights Manual (2010) states that “chemical weapons” are prohibited weapons.
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 32(b)(2)(d), p. 248.
The manual also states that war crimes include the “use of prohibited means or methods of warfare ([including] chemical … weapons)”.
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 32(a)(7), p. 248.
Peru’s Law on Chemical Weapons (1996) prohibits the use of chemical weapons, as well as their development, production, acquisition and delivery, and makes reference to the 1993 Chemical Weapons Convention.
Peru, Law on Chemical Weapons, 1996, Articles 4(b) and 5.
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:
…
2. Uses … chemical weapons.
Peru, Code of Military and Police Justice, 2006, Article 102(2).
This article is no longer in force.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 Law on the Control of Chemical Substances (2008) states:
The present Law has the objective of establishing control measures in order to comply with the [1993] Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, approved by Legislative Resolution No. 26465, hereafter called the “Convention”.
Peru, Law on the Control of Chemical Substances, 2008, Article 1.
The Law also states: “The regulations of the present Law will establish procedures for the destruction of chemical substances listed in the ‘Convention’ which have been diverted for the production of chemical weapons.”
Peru, Law on the Control of Chemical Substances, 2008, Article 34.
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:
…
2. Uses chemical … weapons.
Peru, Military and Police Criminal Code, 2010, Article 92(2).
In 1977, during a debate in the First Committee of the UN General Assembly, Peru supported a complete ban on chemical weapons.
Peru, Statement before the First Committee of the UN General Assembly, UN Doc. A/C.1/32/PV.16, 3 October 1977, p. 22.
In 1989, in reply to a note verbale of the UN Secretary-General on the subject of chemical weapons, Peru declared that it did not possess chemical weapons.
Peru, Reply to a note verbale of the UN Secretary-General, referred to in Report of the Secretary-General on respect for the right to life: elimination of chemical weapons, prepared in accordance with UN Sub-Commission on Human Rights Resolution 1988/27, UN Doc. E/CN.4/Sub.2/1989/4, 17 August 1989, § 98.
In 1991, during a debate in the First Committee of the UN General Assembly, Peru stated that it had invited the countries of the Rio Group to reach an agreement on the prohibition of chemical weapons.
Peru, Statement before the First Committee of the UN General Assembly, UN Doc. A/C.1/ 46/PV.8, 18 October 1991, p. 48.
In an official communiqué in 1995, Peru denied having used toxic chemical gases in its conflict with Ecuador.
Peru, Joint Command of the Armed Forces, Official communiqué No. 011 CCFFAA, Lima, 24 February 1995.
