Regulation of the Use of Force in Ecuador

Abstract

The following essay studies if the use of force should be legislated as an organic law, whether if it is under the threshold of Humanitarian Law or Human Rights. In order to answer this prerogative, this article will analyze jurisprudence from the Inter-American Court of Human Rights, doctrine, international instruments and Ecuadorian law. Therefore, the methodology that is used throughout this essay is qualitative. Taking into consideration the previous, this paper found that the use of force under Humanitarian Law or Human Rights circumstances, should be legislated as an organic law. Also, this paper found that a law with such content does not contradict the Ecuadorian Constitution nor human rights. Additionally, it was demonstrated that regulating the use of force through an organic law, would fully comply with the principle of legality that governs the use of force.