Particle.news
Download on the App Store

Inter-American Rights Court Publishes Opinion Defining States’ Duties to Curb Illicit Arms Trafficking

Requested by Mexico, the advisory is now being used to reinforce its position after U.S. courts dismissed its lawsuits against gun manufacturers.

Overview

  • The Court publicly notified Advisory Opinion OC-30/2025, affirming a state duty of due diligence built on four pillars: regulation, supervision, effective judicial remedies, and international cooperation.
  • States are instructed to ensure firearm marking, registration, and tracing, and to preserve records on manufacture, location, transfers, seizures, and confiscations.
  • Authorities must conduct risk assessments before authorizing arms imports or exports and deny exports when significant risks to peace, security, or human rights—especially for vulnerable populations—are identified.
  • Governments are told to secure state arsenals and manage seized weapons to prevent diversion, including rules for confiscation, destruction, and deactivation, along with anti-corruption measures targeting organized crime.
  • The opinion underscores oversight of companies in the arms sector under human-rights due-diligence standards, a stance Mexico’s Foreign Ministry says supports its broader strategy following U.S. litigation setbacks.