Implementación de los principios del Derecho Internacional Humanitario en el nuevo derecho constitucional ecuatoriano
In this paper, it was performed a legal and critical analysis on the level of effectiveness of the implementation of the principles of International Humanitarian Rights in the Ecuadorian legislation, the progress and incorporation of the fundamental principles in the Ecuadorian domestic law and thei...
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| Autor principal: | |
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| Formato: | masterThesis |
| Idioma: | spa |
| Publicado em: |
2023
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| Assuntos: | |
| Acesso em linha: | https://dspace.unl.edu.ec/jspui/handle/123456789/27885 |
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| Resumo: | In this paper, it was performed a legal and critical analysis on the level of effectiveness of the implementation of the principles of International Humanitarian Rights in the Ecuadorian legislation, the progress and incorporation of the fundamental principles in the Ecuadorian domestic law and their relevance for the fulfilment of the international obligations acquired by being part of the international instruments that include Humanitarian Law. In this research, it was realised a review and analysis of the country's Constitution; as well as, the COIP (Comprehensive Organic Criminal Code), as the system that most includes sanctions and violations of IHL (International Humanitarian Law); the Law on the Use and Protection of the Red Cross and Red Crescent Emblem law, and ministerial agreements on the duty of dissemination and training in this topic; also, the intervention of other public and private institutions for the evaluation of the government’s compliance with IHL and the effectiveness of national laws for the execution and compliance with the principles of IHL in their functions and mainly by the Armed Forces. This research work has been proposed to develop a critical legal analysis on the effective implementation of the principles of International Humanitarian Law in the Ecuadorian legislation, with the use of the Analysis-Synthesis, Deductive-Inductive methods; as well as the empirical methods in the analysis of documents; these methods will allow us to address International Humanitarian Law and its fundamental principles and their application in Ecuadorian constitutional law, assess the extent of applicability of the IHL principles with internal rules and application in different government institutions. |
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