State responsibility in relation to organized crime and illegal mining in the Amazon. Particular attention to the Inter-American Human Rights System

Abstract

Illegal mining in the Amazon has become a major source of illicit profits for organized crime. It now poses a clear and serious threat, not only to the sovereign control that States exercise over their natural resources and protected areas, but also to the human rights of those living there, particularly Indigenous peoples and local communities. This article explores how the failure of Amazonian States to act, or to respond adequately, to organized criminal activity may trigger international responsibility for breaching the duty to prevent harm and the obligation to exercise due diligence. 

Using a legal-analytical framework, the study draws on doctrinal sources and reports from international bodies and non-governmental organizations that document the current situation, interpreting them in light of the jurisprudence of the Inter-American Human Rights System and other relevant instruments.