International law, torture and forced disappearance: a study about the simmilarities and differences with peruvian’s justice system

Abstract

This article will study the Peruvian experience dealing with crimes of torture and forced disappearance facing processes related to the violation of human rights or crimes against humanity. Then, primarily, it will be focus on Peru’s law related to the crimes of torture and forced disappearance while analyzing its normative development. In the same way, we will study the essential differences between Peru’s law and the International Law, focusing on the treatment of the jurisprudence of international courts, such as the Inter-American Humans’ Right Court and treaties. In the same way, we will study the essential differences between Peru’s law and the International Law, focusing on the treatment of the jurisprudence of international courts, such as the Inter-American Humans’ Right Court and Treaties. Subsequently, it will be evidenced how the Peruvian’s jurisprudence, in most of the cases, has overpassed some legal deficiencies by adopting International Law’s standards; however, in others it has limited to adequate the International Law with the Peruvian law. This article wishes to highlight the problem of a different treatment between the International Law and the National law, as well as the adoption of International Law’s standards as a way to correct the deficiencies in domestic.