Overview
- The ruling keeps Law 32107 in force, confirming that crimes against humanity and war crimes apply only to conduct from July 1, 2002, when the Rome Statute took effect in Peru.
- Conduct predating that cutoff must be judged under the 1991 Penal Code, including its penalties and statutes of limitations.
- The majority underscored non-retroactivity and the right to a reasonable timeframe in criminal proceedings, while acknowledging victims’ interests in accountability.
- The court urged Congress to amend the Penal Code to codify crimes against humanity with the required contextual element of a systematic or widespread attack on civilians.
- Interim congressional leader Fernando Rospigliosi celebrated the decision on X, asserting that prosecutions of military and police for 1980s–1990s events should be annulled and defendants released.