Inter-American Court of Human Rights Calls for Stronger Gun Control Measures

National governments have a duty to more closely monitor firearms manufacturers and halt illegal arms trafficking, according to a recent advisory opinion issued by the Inter-American Court of Human Rights (IACHR). The ruling comes as Mexico increases pressure on the United States to curb the flow of illegal firearms across its border.

IACHR Ruling Details

The IACHR, based in San José, Costa Rica, stated that governments must exercise “due diligence” to prevent illicit firearms trafficking. This includes overseeing and regulating firearms manufacturers to ensure their products do not contribute to human rights violations, and providing effective legal recourse for victims of gun violence. The court emphasized that the widespread availability of firearms threatens the right to life and personal integrity, particularly for vulnerable populations like women and children.

Mexico’s Push for Accountability

The IACHR’s opinion followed a 2022 request from the Mexican government seeking clarification on the responsibilities of states and firearms manufacturers regarding human rights abuses committed with illegally trafficked weapons. Mexico estimates that approximately 500,000 firearms are smuggled into the country from the U.S. Annually, significantly contributing to rising gun-related deaths.

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 frequently utilize military-style, semi-automatic weapons acquired from U.S. Retailers in attacks on both civilians and authorities, including the use of .50-caliber rifles to target government helicopters.

U.S. Law and Legal Challenges

A 2021 lawsuit filed by Mexico against seven U.S. Firearms manufacturers, alleging negligent business practices that armed cartels, was dismissed by the U.S. Supreme Court. The court cited the Protection of Lawful Commerce in Arms Act (PLCAA), a U.S. Law that shields firearms manufacturers from legal liability for the criminal misuse of their products by third parties.

Implications and International Law

While the United States is a member of the Organization of American States (OAS), it has not ratified the American Convention on Human Rights and is not legally bound by the IACHR’s rulings. However, legal experts argue that the IACHR’s decision clarifies that the PLCAA contradicts fundamental principles of international human rights law. Jonathan Lowy, president and founder of Global Action on Gun Violence, who represented Mexico in its suit against U.S. Firearms companies, stated the ruling obligates the U.S. To ensure gun manufacturers do not violate human rights through enabling gun trafficking to criminal markets.

The IACHR’s opinion may also influence the regulation of arms manufacturers globally, including companies like Taurus, a major Brazilian handgun manufacturer.

About the Inter-American Court of Human Rights

The Inter-American Court of Human Rights was established in 1979 by the American Convention on Human Rights, a treaty outlining the political and civil rights of individuals within the OAS member states. The court works in conjunction with the Inter-American Commission on Human Rights to uphold and promote human rights throughout the Americas. Currently, Nancy Hernández López serves as President of the Court, and Rodrigo Mudrovitsch as Vice-President, both since 2024.