Norma relacionada
Peru
Practice Relating to Rule 47. Attacks against Persons Hors de Combat
Peru’s IHL Manual (2004), in its definition of the term “hors de combat”, states: “A combatant who is hors de combat may not be made the object of attack provided that he abstains from any hostile act and does not attempt to escape.”
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, Annex 9, Glossary of Terms.
Peru’s IHL and Human Rights Manual (2010), in its definition of the term “hors de combat”, states: “A combatant who is hors de combat may not be made the object of attack provided that he abstains from any hostile act and does not attempt to escape.”
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, p. 404; see also § 75(b), p. 274.
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:
1. Directs an attack by any means … against a person not taking direct part in hostilities.
Peru, Code of Military and Police Justice, 2006, Article 95(1).
This article is no longer in force.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), in a chapter entitled “Crimes involving the use of prohibited methods in the conduct of hostilities”, states:
Article 91. - Prohibited methods in hostilities
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:
1. Attacks by any means … a person who is not directly participating in hostilities.
Peru, Military and Police Criminal Code, 2010, Article 91(1).
Peru’s Human Rights Charter of the Security Forces (1991) states that it is prohibited to kill defenceless persons and adds that “the life of captured, surrendered and wounded persons must be respected”.
Peru, Derechos Humanos: Decálogo de las Fuerzas del Orden, Comando Conjunto de las Fuerzas Armadas, Ministerio de Defensa, Ejército Peruano, 1991, pp. 6 and 7.
Peru’s IHL Manual (2004) states: “Attacks on people taking no part in the hostilities or those who have ceased to participate in the fighting (wounded, sick or shipwrecked combatants, prisoners of war and civilians) … are considered to be war crimes.”
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.
The manual defines the term “wounded, sick or shipwrecked” as:
The wounded and sick are all those persons, whether military or civilian, who, because of their physical or mental condition, are in need of medical assistance or care and refrain from any act of hostility.
The shipwrecked are all those persons, whether military or civilian, who are in peril at sea or in other waters. They continue to be considered shipwrecked until the rescue operation has ended.
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 33.a.(3).
Peru’s IHL and Human Rights Manual (2010) states: “Attacks on people taking no part in the hostilities or those who have ceased to participate in the fighting (wounded, sick or shipwrecked combatants, prisoners of war, civilians) … are considered to be war crimes.”
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), p. 248; see also § 36(a), p. 297 and § 100(a), p. 297 (prisoners of war).
The manual defines the term “wounded, sick or shipwrecked” as:
The wounded and sick are all those persons, whether military or civilian, who, because of their physical or mental condition, are in need of medical assistance or care and refrain from any act of hostility.
The shipwrecked are all those persons, whether military or civilian, who are in peril at sea or in other waters. They continue to be considered shipwrecked until the rescue operation has ended.
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 34(a)(1), p. 252.
Peru’s Code of Military Justice (1980) punishes the persons “who finish off … the surrendered or wounded enemy who does not put up resistance”.
Peru, Code of Military Justice, 1980, Article 94.
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 wounds a member of the enemy armed forces or a combatant of the adverse party after he or she has unconditionally surrendered or is in any other way hors de combat shall be imprisoned for a period of no less than six and no more than 12 years.
Peru, Code of Military and Police Justice, 2006, Article 92.
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 ten years if he or she, in a state of emergency and when the Armed Forces have assumed control over the internal order, injures a member of the adverse armed forces after he or she has unconditionally surrendered or has otherwise been placed hors de combat.
Peru, Military and Police Criminal Code, 2010, Article 89.
