The Ecuadorian Armed Forces in the context of the internal armed conflict: Competencies of the Ecuadorian Armed Forces considering the internal armed conflict

Abstract

This paper will attempt to address the normative powers of the Armed Forces in the context of the recognition of an internal armed conflict or non-international armed conflict (NICI), as well as their framework for action with and without a state of emergency, considering the doctrinal and jurisprudential developments by the Constitutional Court of Ecuador during 2024 and so far in 2025. For this purpose, it is important to consider the context under which the executive branch, represented by the President of the Republic of Ecuador, recognized this conflict through Executive Decree No. 111 of January 9, 2024. According to Ecuadorian historical records, it can be stated that a state of war has not been declared throughout Ecuadorian territory since the so-called Alto Cenepa conflict with the Republic of Peru. (Paragraph, 2024) Therefore, a quick look back to the beginning of 2024 reveals that, at that time, there were serious attacks perpetrated by so-called organized armed groups against various state functions, such as the administration of justice, the power of municipalities to legalize land, and citizen security. These attacks fundamentally represent an infringement of state sovereignty, the latter understood as the "...exercise of authority in a certain territory, with independence, that is, a power with full jurisdiction..." (Immigration, 2025). Therefore, considering that one of the fundamental missions of the Armed Forces, in accordance with Article 158 of the current Constitution of the Republic of Ecuador, is precisely the defense of sovereignty, it is of paramount importance to address their powers within an ordinary and extraordinary framework or scenario of action, or, if you prefer, the employment of professional military personnel. It is necessary to make clear that the doctrinal debate that may arise from the existence or not of a NIAC will not be addressed, or whether the indices established at an international level should be adapted to the new reality that exists in the world and mainly in the American continent where the effects generated by criminal organizations are more plausible, but rather based on the criteria and positions issued by the Constitutional Court of Ecuador (hereinafter C.C.) materialized in its opinions, the powers of the Armed Forces will be addressed.