Practice Related to Rule 95. Forced Labour
Section B. Compelling persons to serve in the forces of a hostile power
Peru’s IHL Manual (2004) states: “The occupying power … may not compel the inhabitants of the occupied territory to serve in its armed or auxiliary forces.”
Peru’s IHL and Human Rights Manual (2010) states: “The occupying power … may not compel the inhabitants of the occupied territory to serve in its armed or auxiliary forces.”
Peru’s Code of Military Justice (1980) provides that compelling prisoners of war to fight against their own forces is a violation of the law of nations.
Peru’s Code of Military and Police Justice (2006) states:
Any member of the military or police shall be imprisoned for a period of no less than five and no more than 15 years if he or she in the context of an international armed conflict:
3. Compels a protected person by means of violence or serious threat to serve in the armed forces of a hostile power, or
4. Compels a member of the hostile party by means of violence or serious threat to take part in the operations of war directed against their own country.
This article is no longer in force.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 against persons protected by international humanitarian law”, states:
A member of the military or the police shall be punished with deprivation of liberty of not less five years and not more than ten years if, in a state of emergency and when the Armed Forces assume control of the internal order, he or she:
3. Compels a protected person by using violence or by threatening serious harm to serve in the armed forces of an enemy power, or
4. Obliges a member of the adverse party by using violence or by threatening serious harm to take part in belligerent operations against their own country.