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UN experts on Thursday warned that the Peruvian Congress’ approval of a bill granting amnesty to persons who committed serious human rights violations during the internal armed conflict between 1980 and 2000 is contrary to international law.
The UN experts highlighted that individuals who committed grave human rights violations during Peru’s internal armed conflict would escape liability if the bill were enacted. The approved bill grants amnesty to members of the Armed Forces, the Peruvian National Police, self-defense committees, and state officials. This includes persons over the age of 70 who have already been convicted of international crimes and gross human rights violations.
The experts further stated:
The UN experts urged the Peruvian government to utilize its constitutional prerogative to veto the proposed legislation, stating: “Failure to ensure criminal accountability for these crimes violates human rights treaty norms and jus cogens, as well as customary international law. It also impedes access to justice, truth and reparation for victims.”
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The UN experts highlighted that individuals who committed grave human rights violations during Peru’s internal armed conflict would escape liability if the bill were enacted. The approved bill grants amnesty to members of the Armed Forces, the Peruvian National Police, self-defense committees, and state officials. This includes persons over the age of 70 who have already been convicted of international crimes and gross human rights violations.
The experts further stated:
In internal armed conflicts, Article 6(5) of Additional Protocol II to the Geneva Conventions allows states to award the “broadest possible amnesty” to individuals who participated in the armed conflict or were deprived of their liberty as a result of the armed conflict. International customary law seems to exclude the granting of amnesties for atrocity crimes such as war crimes, crimes against humanity, and genocide. Notably, amnesties would be at odds with the obligation of states to investigate and prosecute persons suspected of committing war crimes. The UN Security Council confirmed in its resolutions on Croatia and Sierra Leone that amnesties do not cover international crimes and other serious violations of international humanitarian law. Nevertheless, international law has not generally issued a blanket prohibition on amnesties for international crimes and gross human rights violations.The early release of people convicted of serious human rights violations and crimes under international law is at odds with international human rights law. There are specific requirements for granting pardons on humanitarian grounds that must be carefully observed to avoid arbitrariness.
The UN experts urged the Peruvian government to utilize its constitutional prerogative to veto the proposed legislation, stating: “Failure to ensure criminal accountability for these crimes violates human rights treaty norms and jus cogens, as well as customary international law. It also impedes access to justice, truth and reparation for victims.”
The post UN experts warn Peru amnesty bill for atrocity crimes violates international law appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.