Peru at a Crossroad: The New Impunity Law
Posted: Tue Feb 18, 2025 4:48 am
In the last decades, Peru has undergone two significant transitions: one following the internal armed conflict of the 1980s and 1990s, initiated by the terrorist organisation Peruvian Communist Party Shining Path (SL), and another after the authoritarian rule from 1992 to 2000. While the SL was the main perpetrator of violence, state-led counter-subversive measures were equally documented to have led to serious human rights violations, including systematic extra-legal executions, forced disappearances, torture and systematic use of rape. In total, nearly 70,000 persons were killed during the conflict.
In this blog post, we argue that Peru stands at a pivotal point in its transitional justice process considering, in particular, a recently adopted law on the domestic level, which grants impunity for all crimes against humanity and war crimes committed during the internal armed conflict. We argue that the law was not only adopted in open disregard for Peru’s obligations under international law but may also mark a turning point in the country’s dealing with past injustices.
Progress Until Today
During the 90s, efforts for accountability faced consistent obstacles, such as amnesty laws and military jurisdiction over human rights cases. Still, shortly after the conflict, in 2001, Peru established a Truth and Reconciliation Commission, which was acclaimed as ‘exemplary’. Furthermore, the Inter-American Court of Human Rights (the IACtHR) and the Peruvian Constitutional Court significantly advanced the accountability processes. The IACtHR, for example, found that amnesty laws were contrary to Peru’s obligations viber database under the American Convention on Human Rights (ACHR) in the Barrios Altos Case. The Constitutional Court limited the competence of military courts and the application of statutory limitations to crimes against humanity. Furthermore, several high-profile cases were conducted, including against former President Alberto Fujimori, who was convicted in 2009 for the killings committed by a ‘death squadron’. Many criminal proceedings regarding crimes committed during the conflict are, however, still ongoing, including against Fujimori, who currently faces charges in another case over the torture and killing of farmers in 1992.
The New Impunity Law
In this context, the Peruvian Congress (which has a disapproval rate of 94%) has recently passed Law 32107 (‘the impunity law’ or ‘the law’) to prevent the prosecutions of all crimes against humanity and war crimes committed before 1 July 2002. According to Article 5 of the law, no act before the entry into force of the Rome Statute may be qualified as a crime against humanity or a war crime, and no one shall be prosecuted or punished for acts committed before 2002 as crimes against humanity or war crimes. Article 4 establishes that ‘any sanction imposed [contrary to the law] is null and void and unenforceable’. Articles 2 and 3 highlight that in Peru, the Rome Statute entered into force in 2002 and that the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity entered into force in November 2003. When ratifying the latter, Peru made, in fact, a reservation, declaring that it ‘accedes to the Convention […] with respect to crimes covered by the Convention that are committed after its entry into force for Peru.
In this blog post, we argue that Peru stands at a pivotal point in its transitional justice process considering, in particular, a recently adopted law on the domestic level, which grants impunity for all crimes against humanity and war crimes committed during the internal armed conflict. We argue that the law was not only adopted in open disregard for Peru’s obligations under international law but may also mark a turning point in the country’s dealing with past injustices.
Progress Until Today
During the 90s, efforts for accountability faced consistent obstacles, such as amnesty laws and military jurisdiction over human rights cases. Still, shortly after the conflict, in 2001, Peru established a Truth and Reconciliation Commission, which was acclaimed as ‘exemplary’. Furthermore, the Inter-American Court of Human Rights (the IACtHR) and the Peruvian Constitutional Court significantly advanced the accountability processes. The IACtHR, for example, found that amnesty laws were contrary to Peru’s obligations viber database under the American Convention on Human Rights (ACHR) in the Barrios Altos Case. The Constitutional Court limited the competence of military courts and the application of statutory limitations to crimes against humanity. Furthermore, several high-profile cases were conducted, including against former President Alberto Fujimori, who was convicted in 2009 for the killings committed by a ‘death squadron’. Many criminal proceedings regarding crimes committed during the conflict are, however, still ongoing, including against Fujimori, who currently faces charges in another case over the torture and killing of farmers in 1992.
The New Impunity Law
In this context, the Peruvian Congress (which has a disapproval rate of 94%) has recently passed Law 32107 (‘the impunity law’ or ‘the law’) to prevent the prosecutions of all crimes against humanity and war crimes committed before 1 July 2002. According to Article 5 of the law, no act before the entry into force of the Rome Statute may be qualified as a crime against humanity or a war crime, and no one shall be prosecuted or punished for acts committed before 2002 as crimes against humanity or war crimes. Article 4 establishes that ‘any sanction imposed [contrary to the law] is null and void and unenforceable’. Articles 2 and 3 highlight that in Peru, the Rome Statute entered into force in 2002 and that the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity entered into force in November 2003. When ratifying the latter, Peru made, in fact, a reservation, declaring that it ‘accedes to the Convention […] with respect to crimes covered by the Convention that are committed after its entry into force for Peru.