Practice Relating to Rule 7. The Principle of Distinction between Civilian Objects and Military Objectives
Peru’s IHL Manual (2004) states: “Civilian objects must be respected.”
Section C. Attacks against civilian objects in general
The manual further states: “Protected objects are civilian objects which must not be attacked unless they become military objectives.”
Peru’s IHL and Human Rights Manual (2010) states: “Civilian objects must be respected”.
The manual also states: “Civilian objects must not be attacked unless they become military objectives.”
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.
This article is no longer in force.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 titled “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 civilian objects by any means, provided that these objects are protected by International Humanitarian Law.