Militarization by Infra-constitutional Means: How the Mexican Supreme Court Paved the way for the Ley de Seguridad Interior and How It Should Invalidate It

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.