Inter-American Court: Nations Must Prevent Gun Trafficking & Ensure Accountability

Human Rights Court Urges Governments to Strengthen Controls on Weapons Trafficking

A recent advisory opinion from the Inter-American Court of Human Rights is calling on national governments to bolster measures aimed at curbing illicit arms trafficking and ensuring access to legal recourse for those harmed by it. The ruling comes amid escalating pressure from Mexico on the United States to address the flow of illegally trafficked firearms across their shared border, a key factor in rising gun violence within Mexico.

Duty of Due Diligence for States

The court, based in Costa Rica and with jurisdiction over some member states of the Organization of American States, determined that governments have a “duty of due diligence” regarding activities that could contribute to the illegal trade of firearms. This duty extends to overseeing and regulating firearms manufacturers to prevent their products from facilitating human rights abuses and providing effective legal remedies for victims of such violations. The court emphasized that the widespread availability of firearms poses a threat to the “right to life” and “right to personal integrity,” particularly for vulnerable populations like women and children.

Mexico’s Push for Accountability

The advisory opinion stemmed from a 2022 request by the Mexican government seeking clarification on the responsibilities of states and firearms manufacturers concerning human rights violations linked to illegally trafficked weapons. Mexico estimates that as many as 500,000 firearms are smuggled into the country annually from the U.S., significantly contributing to escalating gun deaths. The country has experienced a dramatic surge in homicides since the expiration of the U.S. Assault weapons ban in 2004.

U.S. Firearms and Mexican Cartels

According to recent statements by Mexico’s Defense Secretary, nearly 80% of guns recovered at crime scenes in Mexico originate from the United States. Drug cartels routinely utilize military-style, semi-automatic weapons acquired from U.S. Retailers in attacks targeting both civilians and authorities. These weapons include powerful .50-caliber rifles, which have even been used to down government helicopters.

Recent investigations, including one by the International Consortium of Investigative Journalists (ICIJ) and the New York Times, have revealed that cartels have utilized ammunition manufactured at a U.S. Army-owned facility in some of these assaults. Smugglers are able to purchase these rounds, including armor-piercing variants, on the civilian market due to agreements between the U.S. Government and private contractors.

Legal Challenges in the U.S.

In 2021, Mexico initiated a lawsuit in the U.S. Against seven firearms manufacturers, alleging negligent business practices that facilitated the arming of cartels. However, the U.S. Supreme Court dismissed the suit in 2023, citing the Protection of Lawful Commerce in Arms Act (PLCAA), which shields firearms companies from legal liability for the criminal actions of third parties.

Implications of the Court’s Ruling

Although the U.S. Is a member of the Organization of American States, it has not ratified the American Convention on Human Rights and is therefore not legally bound by the court’s findings. Nevertheless, the decision carries significant weight. Jonathan Lowy, president and founder of Global Action on Gun Violence, who represented Mexico in its lawsuit against U.S. Firearms manufacturers, stated that the ruling “makes clear that the United States’s gun industry shield law, the Protection of Lawful Commerce In Arms Act (PLCAA), is contrary to basic principles of international human rights law, and the United States is obligated to ensure gun manufacturers do not violate human rights by enabling gun trafficking to criminal markets.”

The opinion could also have implications for arms manufacturers outside the U.S., such as Taurus, a major Brazilian handgun manufacturer.

Understanding the Inter-American Court of Human Rights

The Inter-American Court of Human Rights was established under the American Convention on Human Rights, a treaty outlining the political and civil rights of individuals within member states of the Organization of American States. The court’s role is to ensure these rights are respected and protected. More information about the court and its function can be found on the court’s official website.

Confirmed vs. Unclear

Confirmed: The Inter-American Court of Human Rights issued an advisory opinion calling for stronger government action against arms trafficking. Mexico requested the opinion in 2022. The U.S. Supreme Court dismissed Mexico’s lawsuit against U.S. Firearms manufacturers in 2023, citing the PLCAA.

Unclear: The specific impact of the court’s ruling on U.S. Policy remains to be seen. The extent to which the ruling will influence the governance of arms manufacturers outside the U.S. Is currently unknown. Details regarding the specific agreements between the U.S. Government and private contractors allowing the sale of ammunition to smugglers were not provided.