This research examines the intricate dynamics between national security and human rights in Ecuador following the declaration of the internal armed conflict by President Daniel Noboa in January 2024 and the subsequent implementation of the executive decree 111. The analysis of the organic law regulating the Use of Force, and the proper proceedings and actions of the armed forces as well as police in extraordinary situations. The study critically evaluates the balance between state authority and individual liberties amidst heightened national tensions, highlighting the crucial role of adherence to principles of legality, necessity, and proportionality. Through qualitative analysis of data from key actors, including the armed forces, penitentiary security corps, and police forces, the research presents insights into the operationalization of the law and the perceived impact on security and civil rights. The findings underscore a significant shift in perceptions of legal protection and clarity in the use of force, reflecting broader controversies around government support and human rights considerations in times of internal conflict. The current research contributes to the discourse on security practices and civil rights protections, offering recommendations for ensuring equitable enforcement of law in crisis situations, aligned with international human rights standards.

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Declaration of the Internal Armed Conflict and the Organic Law on the Legitimate Use of Force in Ecuador-An Actors’ Overview

  • Mishell Angulo-Alvarez,
  • Edwin Puente-Moromenacho,
  • María Fernanda Serrano,
  • Byron Vega,
  • Manolo Cruz

摘要

This research examines the intricate dynamics between national security and human rights in Ecuador following the declaration of the internal armed conflict by President Daniel Noboa in January 2024 and the subsequent implementation of the executive decree 111. The analysis of the organic law regulating the Use of Force, and the proper proceedings and actions of the armed forces as well as police in extraordinary situations. The study critically evaluates the balance between state authority and individual liberties amidst heightened national tensions, highlighting the crucial role of adherence to principles of legality, necessity, and proportionality. Through qualitative analysis of data from key actors, including the armed forces, penitentiary security corps, and police forces, the research presents insights into the operationalization of the law and the perceived impact on security and civil rights. The findings underscore a significant shift in perceptions of legal protection and clarity in the use of force, reflecting broader controversies around government support and human rights considerations in times of internal conflict. The current research contributes to the discourse on security practices and civil rights protections, offering recommendations for ensuring equitable enforcement of law in crisis situations, aligned with international human rights standards.