In December 2017, President Peña enacted the Law of internal security. It empowers the military to counter any threat to internal security, including organized crime. Article 129 of the Constitution forbids the military, during peacetime, to perform any functions not linked to military affairs. Moreover, social movements and NGO’s have argued that militarization failed. Also, there are four judgments from the Inter-American Court for military violations, 30,000 missing persons and two unsolved cases of military abuses. However, Peña did not veto the law but urged the Court to rule on its constitutionality. This paper analyses the Court’s ruling in A.I. 1/96 that held that the army might perform security functions provided it be subordinated to civil institutions. It argues that the 2008 and 2011 amendments on security and Human Rights limit the role of the military. Thus because of formal and informal constitutional change, the SC should overrule its precedent and invalidate the law.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand.Call For Papers and Panels