Practice Relating to Rule 60. Improper Use of the United Nations Emblem or Uniform
Peru’s IHL Manual (2004) states: “It is prohibited to make use of the distinctive emblem of the United Nations, except as authorized by the organization.”
Peru’s IHL and Human Rights Manual (2010) states: “It is prohibited to make use of the distinctive emblem of the United Nations, except as authorized by the organization.”
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 kills or seriously injures a person by making improper use of … the flag, military insignia, uniform or flag of … the United Nations shall be imprisoned for a period of no less than ten and no more than 20 years.
If the person intentionally causes the death of another person, the penalty shall be no less than 20 and more than 30 years’ imprisonment.
This article is no longer in force.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.