members had dropped out and taken refuge under the Law of Surrender, facilitating the
capture of other MRTA members. This led to the breakdown of the MRTA Northeastern
Front, leaving the remaining members isolated in the Central Front (province of
Chanchamayo, department of Junín). Working from there, the National MRTA Directorate
designed its final action: seizing the residence of the Japanese ambassador, [with] the
intention of swapping the hostages for its prisoners. A commando made up of 14 MRTA
guerrillas assaulted the residence on December 17 and took 72 hostages who, after being
held for 126 days, were rescued in an operation known as “Chavín de Huantar”. All the
guerrillas died. This outcome marked the beginning of the end of the MRTA. 331 [emphasis
added]
269. The Court would note, in this connection, that the actions of the MRTA entailed the
taking of hostages, the inappropriate use of an ambulance to evade police control (supra para.
145), entering the residence of the Japanese ambassador, and holding the guests, some of
whom would spend four months in captivity, in exchange for certain counterpart demands they
were making of the State (supra para. 148). It should be recalled, in this regard, that such
actions are illegal “wherever and by whoever committed”. 332 It is equally relevant to emphasize
that the ambassador’s residence where the hostage-taking occurred was under international
protection,333 as were the diplomatic334 and consular335 officials.
270. In short, the Court agrees with the parties and the Commission and finds that, given
that the hostages were taken on the occasion and in the midst of a domestic armed conflict, 336
it will proceed as it has on other occasions. 337 Because Common Article 3 of the Geneva
Truth and Reconciliation Commission, Informe Final, 2003, volume II, chapter 1.4, Túpac Amaru
Revolutionary Movement, pp. 430 to 431, available in Spanish at www.cverdad.org.pe/ifinal/index.php.
331
Common Article 3 of the four Geneva Conventions, 1949. See also, International Committee of the Red
Cross, Customary International Humanitarian Law, vol. I, edited by Jean-Marie Henckaerts and Louise Doswald-Beck,
2007, Rule 96, available at https://www.icrc.org/en/doc/assets/files/other/customary-international-humanitarianlaw-i-icrc-eng.pdf
332
See Articles 22 and 30(1) of the Vienna Convention on Diplomatic Relations, done on April 18, 1961, and
entered into force on April 24, 1964. Peru has been a party to the Convention since December 18, 1968. These
provisions state, “The premises of the mission shall be inviolable. [...] The receiving State is under a special duty to
take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any
disturbance of the peace of the mission or impairment of its dignity. [...] The private residence of a diplomatic agent
shall enjoy the same inviolability and protection as the premises of the mission.”
333
See Article 29 of the Vienna Convention on Diplomatic Relations: “The person of a diplomatic agent shall be
inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due
respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.”
334
See Article 40 of the Vienna Convention on Consular Relations, done on April 24, 1963, and entered into
force on March 19, 1967: “The receiving State shall treat consular officers with due respect and shall take all
appropriate steps to prevent any attack on their person, freedom or dignity.” Peru has been a party to the Convention
since February 17, 1978.
335
It should be recalled that international humanitarian law must be applied by the parties in the context of
non-international armed conflicts, provided that the facts correspond to situations that occur because of and during
the conflict. Cf. Case of the Santo Domingo Massacre v. Colombia, supra, footnote 254.
336
Cf. Case of the Ituango Massacres v. Colombia. Preliminary Objection, Merits, Reparations and Costs.
Judgment of July 1, 2006. Series C No. 148, para. 179, and Case of the Santo Domingo Massacre v. Colombia, supra,
paras. 21 to 25 and 187.
337