Sentencing factors concerning those most responsible for international crimes in Peru: An analysis vis-a-vis international criminal court sources

Abstract

Peruvian courts convicted those most responsible for acts that constitute or amount to international crimes committed during Peru’s internal conflict (1980–2000), namely, ex-leaders of the terrorist organisation Shining Path-Peruvian Communist Party and ex-senior state officials, including ex-President Alberto Fujimori. The present article seeks to identify, systematise and discuss the sentencing factors applied in this case-law. The analysis is also conducted comparatively vis-à-vis the law and practice of the International Criminal Court (icc). Sentencing factors in the examined Peruvian law and practice may be categorised into two groups: crime/culpability-related factors and offender’s personal circumstances-related factors. The article concludes that Peruvian sentencing law and practice are generally similar to icc sources.