Section 1: The Introduction — Report Sections I, II and II
Information on 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.
The report of the International Commission Inquiry on systemic racist police violence against people of African Descent in the United States (U.S.) was released on April 15th.
The depth of the report’s findings is such that any review would require a much longer presentation of facts. The report is 188 pages long and includes 439 footnotes and a 25-page in-depth summary of the 44 cases of police violence (only 1 of which did not result in the death of a Black person) which were presented at the hearings. Anyone who is inclined to read through the entire report should do so. This is the only means to get the full details of what led the Commission to its conclusion in findings.
The report outlines what the U.S. is required to do, per international human rights law. The purpose of the Commission report is to determine whether or not this country is meeting these requirements. Further, if the Commission determines that the U.S. is not meeting said requirements, the Commission further will determine what action should be taken in response to any failings on the part of the U.S. to abide by international human rights law.
In summary, per International Human Rights Law, the U.S. is required to guarantee to all people within its jurisdiction, including people of African descent, human rights and fundamental freedoms. These include the right to life; the right not to be subject to extrajudicial killing (arbitrary deprivation of life); the right to security; the right to freedom from arbitrary detention; the right to a fair trial and presumption of innocence; the right to be free from torture; the right to equality and freedom from discrimination based on race, gender, disability or status as a child; and the right to mental health. Countries have duties to effectively prevent, punish, and redress violations of these rights, and to thoroughly and independently investigate and provide effective remedies.
Simply put, the purpose of this Commission of Inquiry is to examine if the racist violence in policing has resulted in violations of human rights and fundamental freedoms. On June 22, 2020, four families who suffered loss as a result of police violence (those of George Floyd, Breonna Taylor, Michael Brown and Philando Castile) joined 600 rights groups petitioned the United Nations (UN) Human Rights Council (HRC) to appoint a UN Commission of Inquiry to investigate this issue. However, due to pressure by the U.S. and allies, the HRC instead directed the Office of the High Commissioner of Human Rights to prepare a report on international human rights violations by police against Africans and people of African descent around the world.
In response, the International Association of Democratic Lawyers, National Conference of Black Lawyers, and National Lawyers Guild launched this Commission of Inquiry. The twelve Commissioners include judges, lawyers, professors and experts from Pakistan, South Africa, Barbados, Japan, India, Nigeria, France, Costa Rica, Antigua and Barbuda, the United Kingdom, and Jamaica. They held public hearings from January 18 to February 6, 2021 into the cases of 44 Black people, all but one of whom were killed by police. This commission was founded on the 1978 Petition alleging violations of human rights of minorities, which was inspired by the 1951 Petition, “We Charge Genocide: The Crime of Government Against the Negro People”.
As this is the first of a 5-part review summarizing the entire report, there is no need to review the summary of findings and recommendations provided in Section I: Executive Summary. Any one interested in reading the Commission’s summation will find that section beginning on page 14 (Item #7) of the report. Additionally, readers will find in the Introduction: Section II, details on the Commissions, methodology of case selection, structure of the report, sources of information, as well as law and literature reviews. This information is extensive and can be reviewed starting on page 25 (Item #48). Readers who are interested in details on the 44 specific cases selected and recorded testimony can find that information beginning on page 27 (Item #61).
In Section III: The Genesis of Systemic Racist Police Violence and Structural Racism in the United States, the report presents a detailed historical reference for racist policing. It includes information on the comprehensive history of this country, and its roots in genocide and the slave economy. In links this history to the construction of the inferior status of Black people, while whiteness became superior. One striking quote from this section is:
“Black people were caught in a nested loop of violence, dehumanization and systemic exploitation of their labor power. Such violence, dehumanization and exploitation required a precise legal, military and ideation system.” (page 32, Item 77)
It further details the tradition of control and surveillance of Black people and the power conceded to White people to apprehend Blacks. The Slave Codes dating back to 1690 granted whites the right to kill an escaping captive. By 1770, “by law and custom, every white person had both the duty and the power to police Black people.” The report does a full dive into the Slave Patrols which were the origin of police departments in the southern states. The report stated, “Slave Patrols cemented the racial divide because being Black meant that one was presumed to be enslaved, so the law offered punishments for being Black.”
The Commission also touches upon The Fugitive Slave Act of 1850 and the Dred Scott decision of 1857; the U.S. military and the Civil War; as well as the Fourteenth and Fifteenth Amendments. It further provides information about the introduction of the Black Codes in 1865, and the formation of the Ku Klux Klan, “as a paramilitary organization to lynch and oppress Black people.” (page 36)
Also included in Section III are the following:
Racism and the militarization of policing which recounts the political monopoly of racists in the system, the “War on Drugs” and the effects of wars abroad on and the benefit of endless wars on access of military equipment for police departments.
Race, Police Violence and the U.S. Constitution which aptly states, “Like the broader history of the United States, the U.S. Constitution is a document that has been shaped by race and white supremacy and that, in turn, reinforces racism and white supremacy.” (page 39, Item 104) This section discusses the Fourth Amendment and how the decisions of the Supreme Court have failed to ensure that Black people are able to benefit from the rights afforded to them by this amendment.
Race and the Fourteenth Amendment follows the same pattern as the previous section, in describing the Supreme Court decisions that have failed to protect those the fourteenth amendment was written to protect.
Before the section dives into the details regarding the cases heard, the following powerful statement is made:
“The unbroken links between the genocide of First Nations peoples, enslavement of Africans, terror of the Ku Klux Klan, Jim Crow violence, the War on Drugs, COINTELPRO, and the current militarization of U.S. society have been obscured by the ideation system of liberty and freedom that masked the depth of the violence and dehumanization.” (page 43, Item #121)
The written description of the history of racism and all the factors which continue to contribute to systemic racism is an important basis for understanding.
Section III concludes with a more detailed outline of the cases that were heard, including the year of the incident, victim’s name, location of the incident as well as the names of any Attorney, student, and/or family or community member who participated in the hearing.
Below are links to the other 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 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 4: The Crimes — Report Section VII
Information on the specific crimes committed, including remedies and prosecution options for accused crimes.
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.