Peru
Practice Relating to Rule 36. Demilitarized Zones
Peru’s IHL Manual (2004) defines the term “demilitarized zone” as:
Any zone fulfilling the following requirements:
a. all combatants, weapons and military equipment have been removed;
b. no hostile use is made of fixed military installations or establishments;
c. no acts of hostility are committed by the authorities or the population;
d. any activity linked to the military effort has ceased.
The manual further states:
When appropriate, special agreements should be made between the parties to the conflict or with neutral States in order to:
(a) locate certain areas ( … demilitarized zones) at a safe distance from military operations;
…
(e) permit the marking of … demilitarized zones with distinctive signs.
Peru’s IHL and Human Rights Manual (2010) defines “Demilitarized Zones” in its Glossary of Terms as:
Any zone fulfilling the following requirements:
a. all combatants, weapons and military equipment have been removed;
b. no hostile use is made of fixed military installations or establishments;
c. no acts of hostility are committed by the authorities or the civilian population;
d. any activity linked to the military effort has ceased.
The manual also states:
[The following] … zones shall be established by agreements between the parties to the conflict, or can be recognized internationally as:
…
(c) Demilitarized Zones.
The manual further states:
When appropriate, special agreements should be made between the parties to the conflict or with neutral States in order to:
…
(e) Allow the marking with distinctive emblems of … demilitarized zones.
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:
…
2. Attacks by any means civilian objects, provided that they are protected as such under International Humanitarian Law, in particular … demilitarized zones.