Understand the state of “internal armed conflict” declared in Ecuador

The president of Ecuador, Daniel Noboa, announced this Tuesday (9.Jan.2024) the recognition of a state of “internal armed conflict” in the country. O decree was published on his profile on X (formerly Twitter).

The measure expands permission for Army and police actions and authorizes the Armed Forces to carry out military operations against criminal organizations. In total, 22 groups are listed as “terrorist organizations” It is “belligerent actors”, including the group Los Choneros –whose leader escaped from a prison in the country on Sunday (7 January) and triggered the crisis in the country.

The text published by Noboa does not mention the term “civil war”. The communications team preferred to use the legal correspondent “internal armed conflict” to refer to what is happening in Ecuador.

reproduction/X – 9.jan.2024

Decree signed by the president of Ecuador, Daniel Noboa, was published this Tuesday (9.Jan.2024)

In practice, the announced decree gives legal scope to the actions of the Ecuadorian Armed Forces. The military will now carry out operations with greater freedom, military means and methods against the listed groups, including vehicles, ammunition and strategies used in war tactics.

The Armed Forces of Ecuador now have authorization to use necessary forces without limitations to military standards. Identifying an enemy by classifying them as “terrorist organizations” it also helps to label the country's events as a state similar to a civil war.

Noboa's measure, however, talks about guaranteeing the application of international humanitarian law in accordance with 1949 Geneva convention. The document is part of International Humanitarian Law and restricts so-called war crimes, including actions against civilians, torture, execution and the use of prohibited weapons.

UNDERSTAND THE CRISIS

The president of Ecuador, Daniel Noboa, decreed on Monday (8 January 2024) a state of exception throughout the country. The measure was taken in the midst of a security crisis, caused by the strengthening of criminal factions and drug trafficking in the country. Here's the complete of the decree, in Spanish (PDF – 3 MB).

On Sunday (7 January), the Public Ministry of Ecuador announced that José Adolfo Macías Villamar, known as Fito, was not found in the prison where he should have been. He is one of the leaders of the Los Choneros group and is considered one of the most dangerous criminals in Ecuador.

The penitentiary system was included in the presidential decree after the leader of the largest criminal gang in Ecuador escaped from a prison in Guayaquil. José Adolfo Macías Villamar, known as Fito and one of the leaders of the Los Choneros group, disappeared from prison on Sunday (7 January).

The state of exception is valid for 60 days and allows the Armed Forces to assist police work on the country's streets. During the validity of the measure, there will be a curfew from 11pm to 5am and restrictions on the right:

• meeting;
• privacy of home and correspondence: there is no need for a court order for authorities to enter people's homes.

Images from this Tuesday (January 9, 2023) show armed men setting cars on fire on the streets of Ecuador.

Watch (1min42s):

Armed men also invaded a live broadcast of the TV channel TC Television, from the city of Guayaquil, Ecuador, on this 3rd. The Ecuadorian National Police he said subsequently arrested the suspects.

In videos circulating on social media, the men claim to have bombs and threaten station employees. You may also hear sounds similar to gunshots.

Watch (2min15s):

WHO IS DANIEL NOBOA

Daniel Roy-Gilchrist Noboa Azin, 35, is the son of tycoon Álvaro Noboa, owner of Noboa Trading, one of Ecuador's main banana exporters. At age 18, he founded his own company, DNA Entertainment Group. In 2010, he started working at his father's company, who also ran for the Ecuadorian presidency in 2006.

Noboa took office in November last year, for a “buffer term” of 1 and a half years. The election that elected him should have been held in 2025, but was brought forward after the then president of Ecuador, Guillermo Lasso, used the constitutional clause known as “cross death” to dissolve the National Assembly in May, after going through an impeachment process. Lasso did not contest the elections.

His political platform has as its main focus the reform of Ecuador's prison and judicial system. He advocates training police officers in peaceful conflict resolution techniques and developing rehabilitation programs for prisoners with the aim of reducing recidivism rates.