March 5, 2026
The Inter-American Court of Human Rights today issued its much-awaited advisory opinion on the obligations of states to regulate firearms manufacturers, requested by Mexico and supported by Global Action on Gun Violence (GAGV), November 11, 2022. The Court established that States must control and supervise arms companies to ensure that they comply with regulations on arms trafficking and with their duty of compliance in the protection of human rights, in application of the Guiding Principles on Business and Human Rights. The due diligence of arms trading companies must be aimed at preventing the weapons they trade from being diverted to the illegal market, where they could be used to commit human rights violations. To ensure this corporate due diligence, States should entrust an authority with monitoring the due diligence, prevention, mitigation, and remediation plans adopted by companies to prevent their activities from affecting human rights.
The Court noted that, in the case of illicit arms trafficking, States have a duty to guarantee effective judicial remedies for human rights violations committed at both the national and transnational levels, whether committed by the State itself or by third parties, when a breach of due diligence obligations in terms of prevention is demonstrated. It specified that, to examine the possible liability of companies, consideration must be given to the extent to which domestic and international law has established specific obligations to regulate the human rights impacts of illicit arms trafficking and the mechanisms available under domestic law to enforce compliance.
Jonathan Lowy, president and founder of Global Action on Gun Violence, who supported Mexico in its request for an advisory opinion, including providing testimony at the Inter-American Court of Human Rights in Costa Rica, stated, “This opinion makes clear that the United States’s gun industry shield law, the Protection of Commerce 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. This calls into question PLCAA, which provided the basis for the U.S. Supreme Court’s ruling against Mexico’s lawsuit against firearms manufacturers. The opinion also established that the U.S. must do more to stop gun manufacturers from operating with impunity and facilitating gun trafficking to the cartels. The irresponsible practices of certain bad actors in the gun industry drive the crime gun pipeline that arms criminals in Mexico, the U.S., Haiti, Canada, and throughout the region. It is critical that countries act to ensure that guns are sold the right way and that victims of gun industry misconduct hold bad actors accountable.”
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About Global Action on Gun Violence
Global Action on Gun Violence (GAGV) is the only non-profit organization working to end global gun violence through litigation, international action, and advocacy, and draws on over 25 years of experience litigating against the gun industry. Find out more about GAGV’s work with Mexico.
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