Practice Relating to Rule 53. Starvation as a Method of Warfare
Peru’s IHL Manual (2004) states: “It is prohibited to use the starvation of civilians as a method of warfare.”
Peru’s IHL and Human Rights Manual (2010) states: “It is prohibited to use the starvation of civilians as a method of warfare.”
Peru’s Regulations to the Law on Internal Displacement (2005) states with regard to the rights of internally displaced persons: “The following … [is] prohibited: starvation as a method of combat”.
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:
5. Causes or maintains the starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival.
This article is no longer in force.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:
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:
5. Causes or maintains the starvation of civilians as a method of conducting hostilities by depriving them of objects essential for their survival.