The Obligation to Eradicate Illicit Coca Crops under the International Drug Control Regime: Implications for the International Responsibility of the Peruvian State

Abstract

This article examines the international responsibility of the State arising from the failure to comply with the obligation to eradicate illicit coca bush crops within the framework of the international drug control regime. It analyzes the normative basis of this obligation in the 1961 and 1988 Conventions, as well as its legal nature considering the doctrinal distinction between obligations of conduct and obligations of result. The study argues that the eradication obligation combines elements of both obligations of conduct and obligations of result, as it requires not only the adoption of normative and institutional measures but also the achievement of the effective suppression of illicit crops. Based on this conceptual framework, the article examines the implementation of this obligation in Peru through an analysis of its legal framework, the public policies adopted, and the operational execution of eradication actions. It also evaluates the degree of State compliance considering the reports issued by the International Narcotics Control Board (INCB). The article concludes that the significant persistence of illicit crops in Peruvian territory raises questions regarding the effectiveness of the measures adopted to achieve the result required by the international obligation, which could constitute a situation of non-compliance capable of giving rise to State responsibility under international law. Finally, the article examines the possible legal consequences of such non-compliance, as well as the measures provided within the conventional regime that could contribute to strengthening the control of illicit crops and promoting the effective fulfillment of the eradication obligation.