Coalition for the International Criminal Court
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Updates on Peru
31 Dec 2005
On July 2004, the Peruvian Congress enacted a new Criminal Procedure Code which establishes a specific chapter on judicial cooperation with the ICC, including internal procedures for the detention and surrender of individuals. According to its dispositions, this regulation was to enter into force on February 1, 2006.

In addition, a Special Committee created by Congress on October 2002 (Comisión Especial Revisora del Código Penal) is currently revising the Peruvian Criminal Code. Within this Committee, a Special Working Group was formed to implement the provisions of the Rome Statute within national legislation (international crimes and general principles). It is expected that in 2005 there will be a final proposal that will be put forth for consideration of Congress.

In April 2003, the Committee on the Amendment of the Penal Code submitted a document on general recommendations that must be considered in order to harmonize Peruvian legislation with the Rome Statute.

In March 2003, the government prepared its draft implementing legislation, which was then opened for comment by international legal experts.

In mid-September 2002, the government enacted a law, establishing a committee to amend the Penal Code and other penal norms so as to harmonize them to the Rome Statute and other treaties ratified by Peru. The composition of the committee included mainly government officials, with some representatives from civil society (three representatives from law schools, two from bar associations and the Ombudsman).

In addition, the National Commission on International Humanitarian Law (CONADI) has been working on cooperation legislation since March 2002. Proposed amendments were expected to be submitted to Congress by mid-2003.

Previously, on 13 September 2001, the Congress of Peru authorized President Toledo to ratify the Rome Statute by a vote of 84 to 1.

The ratification bill was submitted to the Peruvian Congress by Mr. Javier Perez de Cuellar, Minister of Foreign Affairs of Peru. The Supreme Resolution was published in El Peruano, the official gazette, on 14 February 2001. The Foreign Affairs Commission of the Peruvian Congress unanimously approved ratification of the Rome Statute on 29 May 2001, following a favorable decision by the Commission of Justice. The resulting resolutions were submitted to Congress and the final vote on the Statute took place in Congress at a plenary.

Previously, it was indicated that outstanding, unrelated negotiations with Ecuador and Chile had pushed the ICC behind in the agenda of the Ministry of Foreign Affairs early in 2000. However, Peru signed the Statute before the 31 December 2000 deadline.

Peru's former President Fujimori initially approved signature for October 1998, but subsequently withdrew this approval at the last minute. The government then officially expressed that signature would require careful examination before the end of 2000.