Inter-American Court: Nations Must Prevent Gun Trafficking & Ensure Accountability
San José, Costa Rica – A landmark advisory opinion issued last week by the Inter-American Court of Human Rights (I/A Court H.R.) places new legal obligations on national governments to curb illicit arms trafficking and provide redress for resulting human rights violations, a decision arriving as Mexico intensifies pressure on the United States to stem the flow of firearms across its southern border.
The court, based in San José and with jurisdiction over states within the Organization of American States (OAS) that have accepted its authority, determined that governments have a “duty of due diligence” to prevent the illicit trade in firearms. This duty extends to overseeing firearms manufacturers to ensure their products do not contribute to human rights abuses and establishing effective legal avenues for victims, according to the ruling. The court emphasized that the widespread availability of firearms jeopardizes the “right to life” and “right to personal integrity,” particularly for vulnerable populations like women and children.
The opinion stemmed from a 2022 request by the Mexican government seeking clarification on the responsibilities of states and firearms manufacturers regarding human rights violations linked to guns. Mexico estimates that as many as 500,000 firearms are smuggled into the country annually from the U.S., fueling a surge in gun-related deaths. A significant increase in homicides in Mexico began in 2004, coinciding with the expiration of a U.S. Ban on assault weapons.
Recent data cited by Mexico’s Defense Secretary indicates that nearly 80% of firearms recovered at crime scenes within the country originate in the United States. Drug cartels routinely employ military-style, semi-automatic weapons sourced from U.S. Retailers in attacks targeting both civilians and law enforcement. These include .50-caliber rifles, powerful enough to down government helicopters, according to reports.
An investigation conducted jointly by the International Consortium of Investigative Journalists (ICIJ) and the New York Times revealed that ammunition manufactured at a U.S. Army-owned facility has been used in cartel assaults. Smugglers are able to legally purchase these rounds, including armor-piercing variants, through a standing agreement between the U.S. Government and private contractors.
In 2021, Mexico initiated legal action 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 lawsuit in 2023, citing the Protection of Lawful Commerce in Arms Act (PLCAA), which shields manufacturers from liability for the criminal misuse of their products by third parties. The Inter-American Commission on Human Rights, which works alongside the court, is mandated to promote and defend human rights in the region.
Established by the American Convention on Human Rights, the I/A Court H.R. Is tasked with upholding the political and civil rights outlined in the treaty. While the United States is a member of the OAS, it has not ratified the convention and is therefore not legally bound by the court’s rulings.
Despite this, the decision carries significant weight, according to Jonathan Lowy, president and founder of Global Action on Gun Violence, who represented Mexico in its suit against U.S. Firearms companies. “It 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,” Lowy stated.
The court’s opinion may also have implications for arms manufacturers beyond the U.S., including companies like Taurus, a major Brazilian handgun manufacturer. The Inter-American Court of Human Rights, established in 1979, is located in San José, Costa Rica.