Diferenciación Jurídica entre Grupos de Delincuencia Organizada y Paramilitares a la luz del Derecho Internacional Humanitario en Ecuador.

Abstract

This study aims to analyze, from the perspective of International Humanitarian Law (IHL), the normative framework and its applicability to the Ecuadorian context, determining the legal status of paramilitary groups in comparison to organized crime groups classified as belligerents and terrorists, as per Executive Decrees 110 and 111 of 2024. The study examines how the escalation of violence, linked to economic and social factors, has led the government to declare an internal armed conflict in 2024, highlighting the legal, ethical, and human rights protection challenges in addressing these organizations. Finally, in light of humanitarian law, legally grounded differentiating criteria have been formulated to guide the appropriate legal treatment of these groups in accordance with their ontological nature and humanitarian norms, ensuring proportionality and coherence between the application of domestic law and international law. Keywords: IHL, paramilitary groups, belligerents, organized crime groups, legal treatment