On August 4, 2021, in an unprecedented event, Mexico, represented by Foreign Minister Marcelo Ebrard, filed a complaint against arms manufacturers, accusing them of negligence, considering that they facilitate illegal arms trafficking into Mexican territory, which is linked to drug trafficking in the country. Specifically, eight companies in question subsequently filed a series of motions to dismiss the Mexican allegations. Both sides met this Tuesday in a virtual hearing to defend their arguments orally.
Alejandro Celorio, legal consultant at the Ministry of Foreign Affairs (SRE), explained at the end of the hearing that the hearing was only held so that each party could explain its reasons to the judge. That is, this one was not going to solve anything during this day, just listen to the parties, the hearing was not about the underlying problem.
An hour and a half lasted the session that was agreed to be held remotely (still) due to the health problem posed by COVID-19. According to Celorio, each of the eight companies filed their own motion, and among all of them they also made a joint motion. All in order to explain to the judge why they think the Mexican lawsuit should be stopped.
Among attempts to push back Mexico's allegations, arms manufacturers questioned whether Mexico has the legitimacy to file lawsuits in the United States, as well as in Massachusetts. They also consulted whether a binding relationship of responsibility could be established between violence in Mexico and their role as arms dispatchers.
Even, according to the official of the Foreign Ministry, the judge himself questioned, in an assumption, the Mexican side whether its claim would later serve as an argument for other countries, Israel or Ukraine cited as an example, to hold U.S. arms manufacturers responsible for the killings perpetrated with their products in those countries .
“The circumstances of this litigation are particular to Mexico in relation to these companies lawsuits,” said the Mexican defense, indicating that the problem of drug trafficking and the ease that these companies provide to arm their members is a specific situation in Mexico.
Celorio insisted that it is not the mere fact of selling each of the weapons, but that of locating the irregularities of a customer, for example, buying repeatedly in a short period of time, without these companies doing anything about it.
Likewise, the official indicated that the judge's decision on this matter could take weeks to be ready, due to the large volume of information submitted by both parties. He also cautioned that, once it had, both sides could appeal the resolution.
“If we do not get a favorable decision, we will appeal what the judge dictates,” he warned.
Mexico accuses companies of undermining their strict arms laws by designing, marketing and distributing military-style assault weapons knowing that they would equate drug cartels, stimulating murder, extortion and kidnapping.
The lawsuit argues that more than 500,000 weapons are trafficked into Mexican territory each year from the United States, of which more than 68% are produced by the defendants, including Beretta USA, Barrett Firearms Manufacturing, Colt's Manufacturing Co and Glock Inc.
They argue that the complainant has not been able to demonstrate that the financial expenditure incurred for health care, law enforcement and other efforts to address gun violence is attributable to the action of manufacturers.
US firms also argued that their country's Law on Protection of the Legal Arms Trade protects them from lawsuits for the misuse of their products.
Mexico, however, says that the law only excludes injury claims in the United States and would not protect companies from charges of arms trafficking against Mexican criminals.
Democratic attorneys general from 13 states along with the District of Columbia filed briefs in January in support of Mexico, as did countries Antigua and Barbuda and Belize, which said violent gun crime had harmed Latin America and Caribbean nations.
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