Jurist UN experts criticize Peru over passing of legislation granting amnesty to war criminals

[Dadparvar]

UN human rights experts on Tuesday voiced alarm over a newly revived law in Peru that grants amnesty to security forces accused of committing serious violations of international law between 1980 and 2000, an action that activists denounce as a setback to the country’s commitment to accountability and justice.

In commenting on the domino effect of injustice that this law could cause, the experts stated:

The State must urgently reverse these setbacks in Peru’s pursuit of justice and reconciliation, and fully comply with its international obligation to investigate, prosecute and punish gross human rights violations and crimes under international law committed during the internal armed conflict, including enforced disappearances.

Law N° 32419 is only the latest in a series of legislative measures designed to shield members of the Armed Forces, the Peruvian National Police, and Self-Defense Committees accused of crimes committed between 1980 and 2000. It applies both to those whose convictions are not yet final and to individuals over the age of 70 who have already been convicted. Its immediate predecessor, Law N° 32107, approved in 2024, went even further by introducing a statute of limitations for war crimes and crimes against humanity committed before July 1, 2002, effectively undermining Peru’s obligations under international law. This growing pattern represents a failure to uphold survivors’ rights and the principles of transitional justice; it underscores how the rhetoric of “sacrifice” and the effort to restore the dignity of military and police forces are being placed above accountability, truth, and the enduring needs of victims.

A previous attempt to enact an amnesty law in 1995, known as Law No. 26479 or the Barrios Altos law, which prevented investigations against perpetrators of war crimes, had been quashed by the Inter-American Court of Human Rights (IACtHR).

This measure was also criticized for violating jus cogens norms, which are preemptory principles of customary international law from which no derogation is permitted, and impose on States such as Peru a binding positive obligation to investigate, prosecute, and punish grave violations. As the Nuremberg Tribunal and the 1969 Vienna Convention on the Law of Treaties (VCLT) underscored, individuals and States cannot shield themselves behind domestic law when that law contravenes higher norms of justice, effectively destroying the universality of human rights protections.

Such laws exist in contravention with Article 18 of the Declaration on the Protection of All Persons from Enforced Disappearance, Principle 24(a) of the Updated Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity, Article 1 of the Convention of the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, 26 November 1968, and upheld by the Peruvian Constitutional Court.

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