Legal protection of Armed Forces personnel in internal security roles: constitutional guarantees and limits to the legitimate use of force

Abstract

Due to the growing security crisis in Ecuador, the participation of the Armed Forces in internal security tasks has intensified. However, this deployment poses significant challenges related to the legitimate use of force and the protection of the fundamental rights of military personnel. This study aimed to analyze whether the current legal framework offers sufficient guarantees for the legal protection of military personnel in these roles. A qualitative methodology was used, which included the analysis of doctrine, national and international standards, rulings, legal reports, and constitutional documents. Preliminary findings reveal a crucial regulatory gap regarding the functions of the Armed Forces in internal security scenarios. This lack of clarity exposes both military personnel and civilians to risks of rights violations and creates profound legal uncertainty. The absence of specific protocols for the use of force increases the likelihood that military personnel will be prosecuted without adequate procedural safeguards. The study concludes that reforming the Ecuadorian legal framework is urgent and necessary. It is essential to clearly define the role of military personnel in internal security contexts, establishing precise limits on the use of force and robust mechanisms for the protection of human rights. More precise legislation will guarantee legal certainty for both members of the Armed Forces and citizens, preventing arbitrariness and ensuring that state action always remains within the constitutional framework and human rights.