Section 4: The Crimes — Report Section VII
Information on the specific crimes committed, including remedies and prosecution options for accused crimes.
Crimes against humanity under the Rome Statute of the International Criminal Court.
The Rome Statute provides definitions of the terms in Paragraph 1 of Section 7 as:
“For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture; (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health”
Common elements:
Widespread and/or systematic
“...must be committed as part of a widespread or systematic attack directed against civilians” (Page 120)Policy
“The attack must be carried out pursuant to or in furtherance of state or organizational policy to commit the attack.” (Page 120)Knowledge that the actions are part of a widespread or systematic attack
“Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.” (Page 121)
There is a Prima Facie Case that systemic racist police violence in the U.S. amounts to crimes against Humanity.
“The findings of the Commissioners demonstrate a prima facie case of Crimes against Humanity warranting an investigation by the ICC. The crimes include murder, severe deprivation of physical liberty, torture, persecution of people of African descent, and other inhumane acts, which occurred in the context of a widespread or systematic attack directed against the civilian population of people of African descent in the U.S.” (Page 121, Item #451)
The killing and maiming of people of African descent in the U.S. by police amounts to a widespread or systematic attack directed against the Black civilian population with knowledge of the attack.
Page 122, Item #453:
The following findings of the Commissioners establish the existence of a widespread or systematic attack directed against people of African descent:
The Commissioners found that use of force against unarmed people of African descent during traffic and investigatory stops is driven by racial stereotypes and racial biases;
The Commissioners found that U.S. law enforcement agencies routinely target people of African descent based on racist associations between Blackness and criminality;358
The Commissioners found that pretextual traffic stops are a common precursor to police killings and uses of excessive force against people of African descent;
The Commissioners found that race-based street stops, otherwise known as “stop-and-frisk,” are another form of “order maintenance” policing that drives not only racially disparate rates of arrests, but often triggers deadly use of force by police;359
The Commissioners found that order maintenance policing relies on racialized assumptions about what constitutes disorder and which communities are disorderly;
The Commissioners found a pattern of police killings of Black people after violations of their Fourth Amendment right to be secure in their persons and houses from unreasonable searches and seizures;
In nearly every case that Commissioners examined, they found police used excessive force against Black people, all of whom were unarmed or non-threatening.
Page 122, Item #454 states:
Further, national data show:
Most killings began with police responding to suspected non-violent offenses or cases where no crime was reported,” and
“Black people are 3.5 times more likely than white people to be killed by police when Blacks are not attacking or do not have a weapon.”
U.S. police officers act with knowledge of the systematic attack on people of African descent.
The Commissioners find a prima facie case has been established of the commission of the following crimes against humanity:
Police killings of people of African descent in the U.S. Amount to the Crime against Humanity of Murder.
Police killings of people of African descent in the U.S. Amount to the Crime against Humanity of Severe Deprivation of Liberty.
Police killings of people of African descent in the U.S. Amount to the Crime against Humanity of Torture.
Police killings of people of African descent in the U.S. Amount to the Crime against Humanity of Persecution.
Police killings of people of African descent in the U.S. Amount to the Crime against Humanity of Inhumane treatment.
Effective remedies for Crimes against Humanity
The U.S. participated in negotiations for the creation of the Rome Statute. It voted against it in 1988; signed it in 2000; and formally withdrew in May 2002.
“The US will need to accede to the jurisdiction of the ICC under Article 12. The president will need to sign the Rome statute and transmit it to the US Senate for consent to ratification. If this is refused, crimes may be prosecuted under the concept of Universal jurisdiction.” (Page 127, Item #483)
Prosecuting Crimes against Humanity Under Universal Jurisdiction
“If the systemic racist police violence committed in the U.S. against people of African descent is found to qualify as Crimes against Humanity, other States, in the absence of the US taking the actions required by international human rights law, may seek to take lawful actions to prevent and remedy violations including, where possible, seeking to prosecute their perpetrators, accomplices, and supervisors.” (Page 128)
Below are links to the remaining summaries of the report. It is my deepest hope that others will join my effort to bring light to this report, as well as the many recommendations found in Section 5. We must force action on behalf of the people of African descent who will continue to suffer these atrocities without change. This report must be reviewed and acknowledged by as many people as possible.
Section 1: The Introduction — Report Sections I, II and II
Information on the International Human Rights Laws; the formation and purpose of the Commission; and the history of racism within law enforcement and policy in the U.S.
Section 2: The Facts — Report Section IV
Information on the facts discovered by the Commission through research, studies and hearing testimony.
Section 3: The Findings — Report Sections V and VI
Information on the ultimate findings of the Commission including specific violations and the non-compliance of U.S. law and policy.
Section 5: The Recommendations — Report Section VIII
Information on the specific recommendations made by the Commission for a varied list of responsible parties within the U.S. and interested parties abroad.
For those, who want to read the entirety of the Commission report for themselves. Please click here to access a complete copy of The Report of the International Commission Inquiry on Systemic Racist Police Violence Against People of African Descent in the United States.