Extraterritorial Jurisdiction

Mexico’s effort to hold the gun industry to account has now encountered an institutional setback in San José. Its request for an advisory opinion raised six questions before the Inter-American Court of Human Rights (IACtHR). This post examines, against a more expansive account of OC-30/25 offered here, whether laws granting public or private arms-industry companies procedural immunity against victims’ claims are compatible with Articles 8 and 25 of the American Convention on Human Rights. In its 2025 advisory opinion on illicit firearms trafficking, publicly notified on 5 March 2026, the Court addresses the broader human rights implications of such trafficking, but does not answer that question directly. That omission is central to the opinion. It leaves unresolved whether victims can access a court and obtain a remedy when domestic law bars claims against companies related to the arms industry from the outset. The opinion develops much of the normative framework needed to answer that question, yet stops short of doing so.