Ecuador
Constitutional structure and position of IHL in domestic law
Ecuador is a constitutional republic with a unicameral legislature. The President, head of the executive, is elected by universal suffrage.
Treaties are concluded and ratified by the President. The approval of the National Congress is required for treaties, that relate, among other things, to fundamental human rights and duties, or collective rights, or that require the amendment of existing legislation. The opinion of the Constitutional Court on the treaty's compatibility with the Constitution is required before the treaty's final approval. If the Court finds that an amendment of the Constitution is required, the treaty will not be approved before the Constitution is amended.
Duly approved and promulgated treaties are part of the domestic legal order and prevail over ordinary laws. Article 18 of the Constitution explicitly states that human rights and guarantees established in the Constitution or in international instruments in force are directly and immediately applicable before national courts and tribunals.
Ecuador ratified the Geneva Conventions on 11 August 1954 and the Additional Protocols on 10 April 1979.
