Règle correspondante
Peru
Practice Relating to Rule 28. Medical Units
Peru’s IHL Manual (2004) states:
a. Definitions
Medical units are establishments and other units, whether military or civilian, organized for medical purposes, namely the search for, collection, transportation, diagnosis and treatment (including first-aid treatment) of the wounded, sick and shipwrecked and the prevention of disease. The term includes, for example, hospitals and other similar units, blood transfusion centres, preventive medicine centres and institutes, medical depots and the medical and pharmaceutical stores of such units. Medical units may be fixed or mobile and permanent or temporary.
b. Respect and protection
Medical units must be respected and protected at all times. This means not only that it is prohibited to attack or damage them, but also that they must be allowed to carry out the functions assigned to them. In particular, measures must be taken to enable them to obtain the medical supplies they require and to defend them from offences committed against them. 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 88.a and b; see also §§ 100, 100.a and 172.h.
The manual also states:
In order to enjoy the right to respect and protection, medical units must comply with [the following] requirements:
They must not be used to commit acts harmful to the enemy … If a medical unit does commit an act harmful to the enemy, a warning should be given, if possible (it would not be possible if the enemy was under fire from the unit in question), before the unit is attacked. In any event, an attempt must be made to protect the wounded and sick. 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 88.b.(2).
The manual also provides: “It is prohibited to move medical units … or take advantage of their presence to shield certain areas or military objectives from military operations.” 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 27.e.(10).
The manual further states: “Medical units must be located as far away as possible from military objectives.” 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 30.m.
Peru’s IHL and Human Rights Manual (2010) states:
79. Medical Units
a. Definitions
Medical units are establishments and other units, whether military or civilian, organized for medical purposes, namely the search for, collection, transportation, diagnosis and treatment (including first-aid treatment) of the wounded, sick and shipwrecked and the prevention of disease. The term includes, for example, hospitals and other similar units, blood transfusion centres, preventive medicine centres and institutes, medical depots and the medical and pharmaceutical stores of such units. Medical units may be fixed or mobile and permanent or temporary.
b. Respect and protection
Medical units must be respected and protected at all times. This means not only that it is prohibited to attack or damage them, but also that they must be allowed to carry out the functions assigned to them. In particular, measures must be taken to enable them to obtain the medical supplies they require and to defend them from offences committed against them.
Conversely, a medical unit may not be defended against the enemy if the enemy advances through the territory were the unit is located. Such defence would be considered to constitute a hostile act which could mean the unit would no longer be entitled to protection. In such a situation, the enemy’s obligation to respect the unit would not mean that the unit may not be occupied, but that the wounded and sick as well as the medical personnel and equipment must be treated with consideration.
In order to enjoy the right to respect and protection, the medical units must comply with the following requirements:
(1) The units must be assigned to the medical services of the armed forces or, if they are civilian units, they must be recognized and authorized by the competent authority of the party to the conflict for whom they are acting or of the State under whose responsibility they are operating (if the units were supplied by a State who is not a party to the conflict or by a voluntary society within this State). In all cases, the authorities of a party to the conflict with jurisdiction over the medical unit that is entitled to protection and, thus, to use the distinctive emblem, are therefore responsible for such unit and must make sure that the unit is duly used in accordance with its objectives, which means that it must comply with the … [following] requirement.
(2) Medical units may not be used to commit acts harmful to the enemy. … If a medical unit does commit an act harmful to the enemy, a warning should be given, if possible (it would not be possible if the enemy was under fire from the unit in question), before the unit is attacked. In any event, an attempt must be made to protect the wounded and sick. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 79, pp. 279–280.
The manual also states: “It is prohibited to move medical units … or take advantage of their presence to shield certain areas or military objectives from military operations.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 28(e)(3), p. 239.
The manual further states: “Medical units must be located as far away as possible from military objectives”. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 31(n), p. 246; see also § 25(c)(9), p. 228.
The manual also states: “During air bombardment, commanders must take all necessary measures to protect to the extent possible … hospitals and other places where the wounded and sick are collected, provided that such buildings, objects or places are not at the same time used for military purposes.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 163, pp. 343–344.
Peru’s Code of Military Justice (1980) provides for the punishment of soldiers who, in times of armed conflict, “without any necessity attack hospitals recognizable by the emblems established to that end”. 
Peru, Code of Military Justice, 1980, Article 95(2).
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. Directs an attack by any means against civilian objects if they are protected by international humanitarian law, in particular … hospitals and places where the sick and wounded are collected. 
Peru, Code of Military and Police Justice, 2006, Article 95(2).
This article is no longer in force. Along with certain other articles in this legislation, it was declared unconstitutional by the Constitutional Court (in 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 five and not more than twelve years if, in a state of emergency and when the Armed Forces assume control of the internal order, … he or she attacks hospitals or charitable homes that bear the conventional signs. 
Peru, Military and Police Criminal Code, 2010, Article 81.
In a chapter entitled “Crimes involving the use of prohibited methods in the conduct of hostilities”, the Code also states:
A member of the military or the police shall be punished with deprivation of liberty of not less than six years and not more than twenty-five years if, in a state of emergency and when the Armed Forces assume control of the internal order, he or she:
2. Attacks civilian objects by any means, provided that these objects are protected by International Humanitarian Law, in particular … hospitals and places where the sick and wounded are collected. 
Peru, Military and Police Criminal Code, 2010, Article 91(2).
In a chapter entitled “Crimes against humanitarian operations and emblems”, the Code further states:
A member of the military or the police shall be punished with deprivation of liberty of not less than five years and not more than ten years if, in a state of emergency and when the Armed Forces assume control of the internal order, he or she:
2. Attacks medical … buildings [or] units … which are identified with protective signs of the [1949] Geneva Conventions in accordance with International Humanitarian Law. 
Peru, Military and Police Criminal Code, 2010, Article 95(2).