Human rights court calls on governments to crack down on weapons trafficking
National governments must take stronger measures to stop arms trafficking and allow legal remedies for their harms, according to a newly issued opinion by the Inter-American Court of Human Rights, a long awaited finding that comes as Mexico is pressuring the United States to stop the illegal flow of guns across its borders.
The court, which is based in Costa Rica and has jurisdiction over some members of the Organization of American States, said in an advisory issued last week that governments have a “duty of due diligence regarding activities that may result in illicit trafficking of firearms.”
That duty, it found, includes monitoring and supervising firearms manufacturers to ensure their products are not enabling human rights violations, and providing effective judicial remedies for those whose rights have been violated. The “indiscriminate availability of firearms”, the court wrote, threatens the “right to life” and the “right to personal integrity” of vulnerable groups, including women and children.
U.S. federal law protects firearms manufacturers from most legal liability for crimes committed with their products.
“States must undertake risk assessments to anticipate the possibility that imports or exports of arms may lead to negative consequences such as undermining peace and security, as well as the commission or facilitation of serious violations of international humanitarian law or international human rights law, particularly when affecting vulnerable populations,” the court wrote.
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