Non-international armed conflict in Ecuador: intensity of violence and organization of armed groups

Abstract

Introduction: The state recognition of the internal armed conflict in Ecuador, initiated by Executive Decree No. 111 of 2024 and ratified by Executive Decree No. 55 of 2025, opened a legal debate on whether the violence attributed to criminal organizations can be classified as a non-international armed conflict under International Humanitarian Law. The subsequent declaration of unconstitutionality of the Organic Law of National Solidarity and its Regulations by Judgment No. 51-25-IN/25 left the central question open: are there sufficient facts to support the claim that the criteria of intensity of armed violence and organization of non-state armed groups required by IHL are met? Materials and methods: A qualitative, legal-dogmatic, and documentary design was applied, through the analysis of 9 normative sources, 8 decisions of the Constitutional Court, and 12 specialized doctrinal sources. The central category was the factual configuration of the non-international armed conflict, broken down into two subcategories: intensity of armed violence and organization of non-state armed groups. Results: The results show formal state recognition, serious criminal violence (homicides, attacks, explosives, high-powered weapons, prison crisis, military deployment, and territorial presence of criminal groups), as well as structures with leadership, logistics, illicit financing, recruitment, and territorial influence. However, the corpus does not sufficiently demonstrate the existence of sustained state-group hostilities or an armed organization compatible with the humanitarian standard. Discussion: The central finding is that Ecuador shows a legally relevant distinction between serious criminal violence and non-international armed conflict. Constitutional jurisprudence and specialized doctrine agree that it is not enough to accumulate violent acts, criminal groups, weapons, or territories; public, individualized, and verifiable evidence of intensity and organization is required. Judgment No. 51-25-IN/25 removed the Organic Law of National Solidarity from the legal system, forcing a return to the core of the analysis: international standards, jurisprudence, and legal doctrine. Conclusions: It is concluded that Ecuador faces complex and serious criminal violence, but the analyzed body of law, jurisprudence, and doctrine does not sufficiently demonstrate the factual configuration of a non-international armed conflict. Therefore, it is recommended that empirical studies be developed by group and by confrontation to move beyond the general discussion and focus the analysis on concrete facts.