Mexico's Cartel Problem: A Legal and Humanitarian Crisis Impacting America

The United States has long been grappling with the devastating impact of drug and human trafficking orchestrated by Mexican cartels. From the deadly grip of the opioid crisis, fueled by fentanyl, to the violence spilling over borders, American communities are paying an enormous price. And yet, as tragic as this story is, it’s far from new. 

For years, the focus has largely been on addressing these issues as domestic problems. However, a closer look reveals that the Mexican government’s inaction might actually breach international law by allowing harm to emanate from its borders into the U.S.

By failing to curb cartel-related activities, Mexico violates the principle of state responsibility under international law. According to the International Law Commission’s Articles on State Responsibility for Internationally Wrongful Acts, countries must take reasonable measures to prevent foreseeable harm to other nations. Let’s just say Mexico is not acing this particular test.

The principle of due diligence demands that the Mexican government take active steps to mitigate the harm caused by cartels operating within its borders. Whether it’s the trafficking of drugs or humans, the Mexican state has repeatedly failed to enforce laws against these criminal enterprises, despite having the capacity and obligation to do so.

A historical parallel worth noting? The Trail Smelter arbitration case between the U.S. and Canada in the early 20th century, where international principles of accountability were upheld. If Canada and the U.S. could hash it out over industrial pollution, surely Mexico’s far more dire situation deserves attention.

Adding fuel to the fire is Mexico’s apparent disregard for its commitments under key international treaties, such as the United Nations Convention against Transnational Organized Crime (Palermo Convention). These treaties obligate signatories to combat organized crime, including drug and human trafficking. Mexico’s lack of enforcement against cartels directly undermines these agreements and contributes to the ongoing crisis in the U.S.

Here’s the kicker: the Mexican government’s failure to act also breaches the principle of non-intervention. This principle, upheld by the International Court of Justice in the Corfu Channel case, prohibits a state from permitting its territory to be used for activities that harm another nation. By allowing cartels to operate unchecked, Mexico effectively turns a blind eye to the devastation spilling into American borders.

The consequences are stark. The fentanyl epidemic, which has devastated countless American families, is fueled by precursor chemicals and production methods linked to Mexican cartels. The human cost is immeasurable, and the strain on public resources is staggering. Let’s not even get started on the economic and social fallout.

While cartels wield immense power within Mexico, even controlling certain regions, this doesn’t absolve the government from its international responsibilities. The doctrine of due diligence makes it clear: Mexico must take all reasonable measures to prevent harm, regardless of the challenges on the ground.

What’s painfully evident is that Mexico’s failure to rein in cartel activity is not just an internal issue; it’s a breach of international law with far-reaching consequences. Holding Mexico accountable isn’t simply about legal principles — it’s a matter of public safety and upholding global norms.

The road ahead requires collaboration, but the time for inaction has long passed. The stakes couldn’t be higher for both nations.