Inter-American Court Backs Mexico’s Strategy Against Illicit Arms Trafficking

Mexico City, Mexico — The Inter-American Court of Human Rights (IACHR) has backed Mexico’s position by issuing an advisory opinion on states’ obligations regarding illicit firearms trafficking, establishing that governments must act with “due diligence” to regulate, supervise, and oversee arms commerce, even when private companies are involved.

The pronouncement states that countries must implement effective measures to prevent weapons from being diverted to the illegal market, including marking, registration, and tracking systems that allow for identification of their origin.

It also emphasizes that victims of armed violence must have access to effective judicial resources to claim damages.

The Court indicated that governments have an obligation to control the management of arsenals and seized weapons, as well as to strengthen international cooperation to combat illicit trafficking.

“States must exercise due diligence in regulating, supervising, and overseeing the commercialization of firearms,” the document states.

Although the advisory opinion is not binding, it represents support for the legal strategy promoted by Mexico since 2022, when it requested the Court to interpret the responsibility of companies dedicated to manufacturing and selling arms, as well as states’ obligation to guarantee justice for victims.

For its analysis, the IACHR based its opinion on international instruments such as 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.

The pronouncement also reinforces arguments that Mexico has presented in lawsuits against arms manufacturers and distributors in the United States, noting that negligent commercial decisions can have direct impacts on armed violence and the violation of rights such as life and personal integrity.

According to the Mexican government, this international criterion strengthens its legal and security strategy promoted by President Claudia Sheinbaum.