Peru’s Constitutional Tribunal today upheld a controversial law defining the parameters for prosecuting crimes against humanity and war crimes, effectively limiting such cases to offenses committed after 2002. The December 6th ruling rejected challenges to the law filed by the Lima Bar Association and the Public Ministry, settling a period of legal uncertainty regarding the statute of limitations for these serious offenses. The decision,split 4-3 among the magistrates,centers on the implementation of the Rome Statute within the Peruvian legal system and its impact on past and future prosecutions.
Peru’s Constitutional Tribunal has upheld a law clarifying the application of crimes against humanity and war crimes, rejecting challenges to its validity. The ruling, issued December 6, 2025, centers on legislation that defines when these serious offenses can be prosecuted under Peruvian law, a matter of significant legal debate in the country.
The Tribunal dismissed claims of unconstitutionality brought by the Lima Bar Association and the Public Ministry against the Peruvian Congress regarding Law 32107. The decision came after the court failed to reach the five affirmative votes required to declare a law unconstitutional, according to rulings in cases 00009-2024-PI/TC and 00023-2024-PI/TC.
Magistrates Luz Pacheco, Francisco Morales, César Ochoa, and Pedro Hernández supported the law’s constitutionality, offering an interpretative endorsement. Conversely, Helder Domínguez, Gustavo Gutiérrez, and Manuel Monteagudo voted to strike down the law.
With the ruling, Law 32107 remains in effect as passed by the Congress. The law stipulates that crimes against humanity and war crimes can only be applied to acts committed after the Rome Statute came into force in Peru on July 1, 2002.
Prior to that date, the 1991 Penal Code applies. Consequently, offenses committed before July 1, 2002, are subject to the penalties and statutes of limitations outlined in that earlier code.
The Tribunal emphasized that allowing judicial proceedings for crimes committed before the established dates would violate the right to a reasonable trial, impacting personal liberty and the rights of victims to see justice served. This decision underscores the complexities of applying international legal standards to past events.
📌Las demandas de inconstitucionalidad presentadas por el @CALPERUOFICIAL y @FiscaliaPeru contra el @congresoperu por la Ley que precisa la aplicación y los alcances del delito de lesa humanidad y crímenes de guerra en la legislación peruana, han sido declaradas infundadas, (1/2)
— Tribunal Constitucional del Perú (@TC_Peru) December 6, 2025
