Norma relacionada
Peru
Practice Relating to Rule 139. Respect for International Humanitarian Law
Section A. General
Peru’s IHL Manual (2004) states:
a. Preventive measures and mechanisms
The obligations assumed by States Parties to international humanitarian law treaties require them to ensure the proper implementation of the preventive measures and mechanisms provided for in these treaties, including, in particular, the following:
(1) Integration of international humanitarian law into the doctrine of the armed forces, particularly the Geneva Conventions of 1949, Additional Protocols I and II of 1977 and the Hague agreements and conventions.
…
(4) Adoption of legislation and regulations by the State (cabinet and congress) to ensure strict compliance with international humanitarian law.
…
b. Enforcement measures and mechanisms
Provision must be made for measures and mechanisms to be in place for the duration of the armed conflict to continuously monitor and enforce strict compliance with the rules of international humanitarian law.
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 10.a.(1) and (4), and b.
The manual also states:
(1) Parties to the conflict and neutral States are bound to take the measures necessary to fulfil their obligations under international humanitarian law.
(2) From the start of the hostilities, the parties to the conflict shall endeavour to:
…
(b) ensure respect for international humanitarian law;
…
(4) At the start of the hostilities, each party to the conflict must verify the application of international humanitarian law in respect of:
(a) general international humanitarian law treaties;
(b) specific regulations on the use of certain weapons;
(c) any interpretative declarations and/or reservations made by States with regard to specific treaties;
(d) customary international law and local customs;
(e) Rome Statute of the International Criminal Court.
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 25.a.(1), (2).(b) and (4).(a)–(e).
The manual further states: “The parties to the conflict must ensure that any violations of international humanitarian law are punished by means of disciplinary or criminal sanctions.”
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 25.b.(4).
Peru’s IHL and Human Rights Manual (2010) states:
a Preventive measures and mechanisms
The obligations assumed by States Parties to international humanitarian law treaties require them to ensure the proper implementation of the preventive measures and mechanisms provided for in these treaties, including, in particular, the following:
[(1)] Integration of international humanitarian law into the doctrine of the armed forces, particularly the Geneva Conventions of 1949, Additional Protocols I and II of 1977 and the Hague agreements and conventions.
…
(4) Adoption of legislation and regulations by the State (cabinet and congress) to ensure strict compliance with international humanitarian law.
…
b. Enforcement measures and mechanisms
Provision must be made for measures and mechanisms to be in place for the duration of the armed conflict to continuously monitor and enforce strict compliance with the rules of international humanitarian law.
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 10(a)(1) and (4) and 10(b), pp. 221–222.
The manual also states:
(1) Parties to the conflict and neutral States are bound to take the measures necessary to fulfil their obligations under international humanitarian law.
(2) From the start of the hostilities, the parties to the conflict shall endeavour to:
…
(b) ensure respect for international humanitarian law;
…
(4) At the start of the hostilities, each party to the conflict must verify the application of international humanitarian law in respect of:
(a) general international humanitarian law treaties;
(b) specific regulations on the use of certain weapons;
(c) any interpretative declarations and/or reservations made by States with regard to specific treaties;
(d) customary international law and local customs;
(e) Rome Statute of the International Criminal Court.
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 26(1), (2)(b) and (4), p. 231.
The manual further states: “The parties to the conflict must ensure that any violations of international humanitarian law are punished by means of disciplinary or criminal sanctions.”
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 25(b)(3), pp. 233–234.
Peru’s Presidential Decree on the National Human Rights Plan (2005) states that an objective of this plan is “to ensure that the legislation and national practice is in accordance with the
State’s obligations stemming from international human rights law and international humanitarian law”.
Peru, Presidential Decree on the National Human Rights Plan, 2005, § 4.
Peru’s Law on the Ministry of Defence (2007) states that the functions of the Ministry of Defence include “laying down rules for and supervising the institutional objectives and actions of the armed forces in the field of international human rights law and international humanitarian law”.
Peru, Law on the Ministry of Defence, 2007, Article 7(15).
Peru’s Decree on the Use of Force by the Armed Forces (2010), in a chapter entitled “Applicable normative framework”, states:
Members of the armed forces who participate in the planning, decision-making, and conduct of military operations or in situations after military operations as identified by Article 51 of the present Legislative Decree [i.e. when a state of emergency has been declared] are subject to the norms of international humanitarian law and of the applicable norms of international human rights law.
Peru, Decree on the Use of Force by the Armed Forces, 2010, Article 8.1.
Peru’s Law on the Organization of the Ministry of Defence (2010) states:
The Ministry of Defence has the following functions:
…
n) To lay down rules for the armed forces and to supervise the institutional objectives and activities of the armed forces in the field of international human rights law and international humanitarian law.
Peru, Law on the Organization of the Ministry of Defence, 2010, Article 9(n).
In 2009, in the Armed Forces case, 31 members of Peru’s Congress requested Peru’s Constitutional Court to declare unconstitutional Article 7(1)–(2) of Law No. 29166 of 20 December 2007 which establishes rules on the use of force by members of the armed forces on Peruvian territory. The Court declared the law partially unconstitutional and held:
66. … Congress must adopt within six months of the publication of the present decision a law which regulates the use of force by the Armed Forces. This law shall be divided into two parts:
a) a first part concerning the use of force in situations of armed conflict regulated by the 1949 Geneva Conventions and the 1977 Additional Protocols;
b) a second part which regulates the use of force in states of emergency, internal tensions or riots in accordance with International … [Human Rights] Law. At the same time, these rules must comply with the common principles recognized by the United Nations.
Peru, Constitutional Court, Armed Forces case, 17 September 2009, § 66.
In 2004, in its fourth periodic report to the Committee against Torture, Peru stated:
Peru’s Ministry of Defence … is currently responsible … , amongst others, for ensuring observance of international legal human rights standards and international humanitarian law. The Armed Forces Joint Command is a regular part of the organic and functional structure of the Ministry of Defence. It is responsible for the planning, preparation, coordination, direction and management of the joint military operations of the Armed Forces within the legal framework of international humanitarian law in fulfilment of the objectives of national defence policy.
Peru, Fourth periodic report to the Committee against Torture, 27 May 2005, UN Doc. CAT/C/SR.697, submitted 15 November 2004, § 317.
