03/09/2026
“What are the obligations of States in the area of human rights with respect to illicit arms trafficking?” The Inter-American Court of Human Rights just issued a first-of-its-kind opinion in response to request from Mexico.
1️⃣ Duty to regulate
States have a duty to domestically regulate arms manufacture, sales, and transport to prevent diversion of legal fi****ms to the criminal market.
2️⃣ Duty to Monitor Arms Companies
To ensure corporate due diligence, States should monitor “the due diligence, prevention, mitigation, and remediation plans adopted by companies to prevent their activities from affecting human rights.”
3️⃣ Duty to Guarantee Effective Judicial Remedies
States must ensure effective judicial remediation for victims of human rights violations, “whether committed by the State itself or by third parties.”
4️⃣ Duty to Cooperate Internationally
“In order to guarantee the rights to life and personal integrity... States have an obligation to cooperate, in good faith, in preventing illicit arms trafficking.”
A clear implication of the Court’s opinion is that the U.S. Protection of Lawful Commerce in Arms Law, which provides broad immunity from liability and litigation to U.S. fi****ms companies, may be in breach of international human rights law, by denying victims of gun industry negligence effective judicial remediation.
The Court’s opinion also suggests that the U.S. is obligated to do more to stop gun manufacturers and dealers from enabling the diversion of fi****ms to gun traffickers. This should require the U.S. to stop the 5% of gun dealers who sell 90% of crime guns, including over 70% of crime guns in Mexico, Haiti, Canada, Jamaica, and in countries throughout the Americas, and to stop gun manufacturers from supplying those bad-acting dealers.
📰 Learn more: https://actiononguns.org/press-release/inter-american-court-of-human-rights-issues-advisory-opinion-states-must-regulate-and-supervise-arms-companies-to-protect-human-rights/
📔 Advisory Opinion (Spanish):https://corteidh.or.cr/docs/opiniones/seriea_30_es.pdf
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