The criminal persecution of war crimes in Peru

Abstract

The Final Report of the Truth and Reconciliation Commission recognized that, during the internal armed conflict in Peru (1980-2000), serious violations to common article 3 of the 1949 Geneva Conventions were committed. Despite this, there is no sentence that has recognized these war crimes. Given the lack of legal implementation, prosecuting them as such would apparently breach the principle of legality. Based on the analysis of sources of international law that criminalize these acts and compel the Peruvian State to persecute them, plus an alternative interpretation of the principle of legality, this article argues that acts materially described as war crimes can be legally qualified as such.