Ecuador: What is a civil armed conflict and what is allowed? President Daniel Nobowa's Decree 111 | Alias ​​Fito | Terrorism | Terrorists Coneros | Wolves | Guayaquil | TC Television | the world

President of Ecuador, Daniel Nobowa, on Tuesday decreed that the entire country was in an internal armed conflict and ordered military forces to neutralize organized crime gangs linked to drug trafficking, which he described as terrorists. What does this move mean?

On Tuesday, a group of criminals breached the canal TC Television of In Guayaquil In full live broadcast. The veiled men threatened, beat and held down staff before being stopped by police. While this action was taking place, the President Noboa Social Network X was issued in Order 111, which seeks to end the crime wave associated with it Drug trafficking It has plagued the country in recent years.

See: Lobos, Soneros, Dicurones: List of 22 Criminal Gangs Identified as Terrorists in Ecuador

It contains Decree 111Government Ecuador qualifies as “Terrorists and Militant Non-State Actors” 22 for criminal organizations. The list includes Aguilas, Aguilaskiller, AK47, Caballeros Osqueros, Sonkiller, Coneros, Covicheros, Cuartel de las Fías, Cubanos, Fatales, Canster, Cader Pilar, Lagartos, Latin Kings, Lobos, Laspi 28, Laspi 28. Mafia Trébol, Patrones, R7 and Tiguerones.

Ecuadorian President Daniel Noboa during a meeting with diplomats at the Carondelet Palace on January 10, 2024. (EFE/Presidency of Ecuador).

/ President of Ecuador

“I have ordered the armed forces to take military action to neutralize these groups.” wrote Noboa. He added that these actions would be carried out “under international humanitarian law and with respect for human rights”.

Before taking TC TelevisionOfficials confirmed it on Sunday Adolfo MaciasFito and Chairman ConerosThe country's most dangerous criminal escaped from prison In Guayaquil There he served 34 years in prison.

Parallel to this, a large number of inmates rioted in several prisons across the country and took more than 100 prison officers hostage. Deprived of their freedom demand that military forces not enter the prison.

So, the first reaction Noboa was Declare an emergency A curfew has been imposed across the country from 11 pm to 5 am.

At this point, it should be noted 2023 Ecuador closed with more than 7,800 murders and 220 tons of drugs seizedBoth figures are records.

Homicides in Ecuador as of June 2023.  (AFP).

Homicides in Ecuador as of June 2023. (AFP).

That's the environment Daniel NobowaWho took over? Ecuador The order was issued on Tuesday, November 23, 2023 Internal armed conflict.

The measure mandates the mobilization and intervention of armed forces and national police on national territory to guarantee sovereignty and territorial integrity against transnational organized crime. Terrorist organizations and belligerent non-state actors specified in this Executive Order.”

Security forces patrol the Carondelet Palace in Quito on January 10, 2024.

Security forces patrol the Carondelet Palace in Quito on January 10, 2024.

/ Rodrigo Buendia

What is an internal armed conflict?

According to him International Humanitarian Law (IHL)And Non-international (or “internal”) armed conflict It is a situation of violence occurring in a state where protracted armed conflict occurs between government forces and one or more organized armed groups or irregular groups.

According to International Committee of the Red Cross (ICRC)International humanitarian law requires the presence of two conditions to determine the existence of an internal armed conflict: armed groups must have a minimum organization and armed conflicts must reach a minimum intensity.

ICRC Internal armed conflict Creates an application breath, also known as the law of armed conflict, imposes limits on the conduct of hostilities by parties and protects all people affected by the conflict. IHL imposes equal obligations on both parties to the conflict, although it does not confer any legal status on armed opposition groups to engage in hostilities.

Are there any precedents in Ecuador? According to the portal Last time Ecuador declared Internal armed conflict It was in 1995, during the war Seniba Who faced Peru. At that time this action did not reach the entire country.

Ecuadorian security forces patrol the El Labrador metro station in Quito on January 10, 2024.  (Photo by STRINGER/AFP).

Ecuadorian security forces patrol the El Labrador metro station in Quito on January 10, 2024. (Photo by STRINGER/AFP).

/ STRINGER

What is going to happen in Ecuador?

Constitutionalist Rafael Oiarte EFE explained to the company the differences between providing A State of exception and announce Internal armed conflict.

It contains First case, is issued for criminal reasons or serious internal disturbance. The armed forces intervene as an adjunct to the National Police.

when In the second caseThe operations are no longer police, but exclusively military in nature, where the police function only as an auxiliary force.

Advocate A Internal armed conflict The purpose of military forces is not to locate and capture opposing elements, but to “Neutralize them“, “Elimination as an extreme factor, but essentially surrendering the enemy.”

clarified that “Massacres or rivers of blood” are not recognized. insisted that Neutralization is the use of “deadly force to force the enemy to surrender.”.

While being a constitutionalist Ismail Quintana “We no longer recognize these gangs as criminal groups, but as gangs,” he told EFE Fighters Creates indisputable legal effect: There is full constitutional authorization for the neutralization of the armed forces In cooperation with the police.

For his part, Prof Efron GuerreroA human rights expert, said Primicias Constitutional Court Establish rules that will review the mandate and take into account when making decisions. At that time only its true purpose and effects were known.

Presidential candidate Fernando Villavicencio speaks at a campaign rally moments before he was assassinated on August 10, 2023 in Quito, Ecuador.  (Photo from EFE)

Presidential candidate Fernando Villavicencio speaks at a campaign rally moments before he was assassinated on August 10, 2023 in Quito, Ecuador. (Photo from EFE)

Are there criteria for declaring a civil armed conflict in Ecuador?

Presidential candidate last year Fernando Villavicencio He was assassinated in Quito in the middle of an election campaign. He said that he was a victim of the leader's death threats Coneros, alias Fito. But after the crime, a video went viral Wolves, the country's most powerful criminal organization, took over. So far the case has not been resolved.

Criminal gangs involved in prison riots this week issued a video warning to the president Noboa If the army enters the prisons it will cause war in the country.

consisting of 22 criminal organizations identified as and other elements TerroristsIt is enough to determine that there are many, many who control the territory and manage the ports to export narcotics in complicity with foreign mafias. Internal armed conflict?

said Edward Peres, a human rights expert at University College London what”In Ecuador, it is unclear whether the conflict is reaching a level of intensity or sufficient to call it an actual internal armed conflict.”.

But Ecuadorian lawyer María José Mogrovejo, an expert in constitutional law, told BBC Mundo. Conditions exist to declare a civil armed conflict in Ecuador.

“The situation we are currently experiencing did not originate with the current government, we did not just see a riot in the prisons of the country, we have been in this for years … the current situation is prolonged and the intensity is uncontrollable. The government has lost control of Ecuadorian territory, which is why the intervention of the armed forces is needed,” he said.

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