alonso-gd.bsky.social
Fellow in Human Rights at LSE Sociology. Blogs at Opinio Juris. Follow me on Twitch/Youtube. Views Personal. Peruvian. English / Español / Português
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:D
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Hahaha I had little time!
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Thanks!
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I know right??
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Thank you!
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I am not in the US
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@mehdirhasan.bsky.social @mrjamesob.bsky.social @owenjones.bsky.social @premthakker.bsky.social @erininthemorning.com @dropsitenews.com @politlcsuk.bsky.social @zeteo.com @georginafindlay.bsky.social
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www.hindrajabfoundation.org/perpetrators...
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x.com/arbizugamarr...
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It would be a lot easier to build a broad consensus around the idea that assassinations, terror attacks and other violent unlawful acts against civilians are categorically unacceptable (as they are) if folks were not expected to normalise the mass killing of dehumanised Palestinians
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In conclusion, I think Peru is a good forum for the prosecution of genocide, but things could be a bit harder with some war crimes, on account of the wonky implementation. It will be interesting to see where the Arbizu Gamarra law firm take this from here on. I’ll def keep you posted!
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Essentially this means that Prosecutors can investigate the crime but cannot go to trial without the accused present. In other words, the Israeli soldier would need to be detained in Peru to be condemned
This is another reason why some say Peru does not really regulate “pure UJ”
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3) Peru does not regulate trial in absentia.
Art. 139(12) of Peru’s Constitution recognises the right not to be condemned in absentia. This has been developed by Art. 79 of the Code of Criminal Procedure which regulates the declaration of absence or contempt of the accused
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Peru would have jurisdiction as a member of the Genocide Convention and Rome Statute and genocide is clearly set out as a crime in art 319 of the Criminal Code (it’s the same definition as the Convention), carrying a penalty of no less than 20 years in prison
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The interesting thing is that this specific case is about the systematic destruction of civilian infrastructure…
So here’s the thing: could the charge be *genocide* instead??
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So, can a foreigner be prosecuted in Peru over war crimes committed abroad despite the deficient implementation? Well, yes. Peru would have jurisdiction through GCIV/RS. The crime would be, say, “murder” and then, just like with Fujimori, it would be “treated as a war crime”.
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So, Peru has ratified the Rome Statute, and so is obligated to prosecute int’l crimes, but it has not fully implemented these crimes into its domestic law. CAH are not regulated, war crimes are, but partially, and, importantly genocide is.
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There is this huge pointless debate in Peru as to whether Fujimori was condemned for crimes against humanity or not. The crime itself was a domestic one but it was recognised as a CAH by the Supreme Court - it gets very formalistic and boring… but people get intense about it
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But, since treaties are directly applicable, the Supreme Court determined that his domestic murder had to follow the rules set out in customary and conventional international law for crimes against humanity: severe penalty, no statute of limitations, no amnesty/pardon, etc.
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Take the case of former dictator Alberto Fujimori. Peru does not regulate crimes against humanity in its criminal law, so *technically* when he was condemned, Fujimori was condemned for *murder* as a domestic crime, not a specific international *crime against humanity of murder*
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2) Peru has not incorporated most international crimes into its domestic legislation - but things get weird.
Peru is a monist country: treaties are self-executable. That said, procedurally speaking, the nullum crimen sine lege principle restricts this for criminal law
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The “Peru regulates UJ” interpretation has never been tested in Peruvian courts so who knows. I assume though since the case is against a specific soldier, that they were physically in Peru. This means that “pure UJ” is not necessary for jurisdiction in Peru. GCIV suffices
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Peru’s Military Criminal Code does specifically incorporate UJ, but it is at least unclear that it can be applied to non-Peruvian officers and soldiers
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This was, controversially, @amnesty’s reading of Peruvian law in their landmark 2011 report on UJ.
See here for the full report: www.amnesty.org/fr/wp-conten...
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Some see this as establishing UJ through the Geneva Conventions’ grave breaches obligations (eg Article 146 GCIV), but this is also often interpreted as an obligation to search “within one’s territory” and not actual “pure UJ” where no territorial connection is needed
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Art. 2(6) of Peru’s Criminal Code does not really say UJ is an accepted basis for criminal jurisdiction. It rather states that Peru has jurisdiction when it “is obligated to prosecute in accordance to international treaties”.
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Basically a list of cities I can’t live in then cuz that place is amazing
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He streamed this 8 days ago and only tweeted it today… measuring the temperature
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I don’t think it would be brave but very unprincipled and well…
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He things genocide supporters are too useful to the solidarity movement to alienate so it doesn’t rly matter if they are contrite about their support. Like Nazi supporters were too useful to US industry to alienate so it didnt matter if they were contrite. What could go wrong?
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No… see here
youtu.be/xX9_INUzB6U?...