Peru has not yet passed legislation allowing domestic prosecutions of ICC crimes, but Peruvian judges are already keenly interested in developments at the Court and how they can impact their own domestic proceedings.
In late June, our regional coordinator for the Americas, Michelle Reyes Milk, held a working lunch with nine Peruvian judges to discuss developments and challenges at the ICC and the prosecution of human rights violations in Peru.
The meeting gave the judges the opportunity to ask questions regarding technical aspects of the ICC Rome Statute and the Court’s jurisprudence, including elements of crime, sexual and gender-based crimes, witness protection, rules of evidence and sentencing.
The judges sit on the Supreme Court of Peru, the Superior Court and the National Criminal Chamber, and have presided over high-profile cases involving gross violations of human rights, crimes against humanity and war crimes.
Peru is a member of the ICC, but has yet to incorporate ICC crimes—crimes against humanity, war crimes and genocide—into its domestic criminal code. Despite this issue, Peru has seen several landmark decisions in cases involving gross human rights violations that have referenced the Rome Statute. A bill that would allow for the domestic prosecution of ICC crimes is currently making its way through the Peruvian legislature.
An Argentinian judge also attended the lunch to discuss his experiences with international criminal law and the prosecution of grave crimes.
Following the meeting, Reyes Milk addressed judges and lawyers at Peru’s National Criminal Chamber regarding developments in ICC case law on crimes against humanity.
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