Inter-American Court of Human Rights Issues Advisory Opinion on State Obligations Regarding Illicit Arms Trafficking

• The Inter-American Court of Human Rights unanimously reaffirmed the obligations of both states and corporations with respect to illicit arms trafficking, in light of its impact on human rights.
• The Court's opinion supports Mexico's position on this issue, as well as the arguments advanced in Mexico's strategic litigation before U.S. courts.

Today, the Inter-American Court of Human Rights (IACtHR) issued an advisory opinion on state obligations regarding illicit firearms trafficking under human rights law, which firmly supports Mexico's longstanding position on the matter.

In its opinion, the Court held that states must exercise "due diligence" in regulating, overseeing and auditing the firearms trade, including by private companies. This obligation extends to the management of weapons stockpiles and seized arms, in order to prevent their diversion into illicit trafficking networks.

Notably, the Court reaffirmed that this obligation requires effective measures to ensure the marking, registration, and tracing of firearms, so that their origin and any potential diversion can be identified. The Court also confirmed that victims must be guaranteed access to effective legal remedies for damages suffered, and underscored the obligation of international cooperation in combating illicit arms trafficking.

The opinion reinforces Mexico's position that corporations play a significant role in the issue of armed violence. Their business decisions, including the failure to exercise adequate controls and accountability, directly affect the well-being of ordinary citizens, who ultimately bear the most severe consequences of such negligence.

In reaching its conclusions, the Court drew on legal instruments including the American Convention on Human Rights, the International Covenant on Civil and Political Rights, and the American Declaration of the Rights and Duties of Man.

This advisory opinion, while non-binding, stems from a request submitted by Mexico in 2022. Mexico asked the IACtHR to interpret two questions: the responsibility of private companies engaged in the manufacture, distribution, and sale of firearms for the harmful effects of their negligent practices on human rights, and the responsibility of states to ensure judicial protection for victims of such negligence.

In its submissions to the Court, Mexico argued that the negligent trade in firearms by private companies contributes significantly to the armed violence in the region, thereby violating fundamental rights such as the right to life and to personal integrity.

This opinion validates the arguments Mexico has advanced in its strategic litigation against firearms manufacturers and retailers in the United States for their negligent practices. It also represents a significant step forward in international law - and in the comprehensive security strategy of the Mexican Government under President Claudia Sheinbaum.