Introduction
The African American experience is a historical anomaly, unparalleled anywhere else on Earth. African Americans are not just a product of the United States; they are a completely unique phenomenon forged through centuries of oppression, displacement, and systemic subjugation. Their cultural identity, born in the belly of slavery and sustained through constant struggles for freedom and justice, is uniquely American because it has no other foundation. Unlike any other ethnic group in America, African Americans cannot point to a specific country, tribe, language, or religion from which their ancestors came. This severance makes them a people defined by their experience in America — their culture is as close as being indigenous to the United States as one can get without actually being indigenous to the land.
“Who they are culturally, what their history and what their experience is, is not duplicated anywhere on earth.” – Shahid Bolsen
Historical Evidence of Systemic Genocide and Human Rights Violations
The history of African Americans is riddled with systemic genocide, terrorism, and violations of fundamental human rights. The United Nations defines genocide as acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group. The transatlantic slave trade, which forcibly brought an estimated 12.5 million Africans to the Americas, with approximately 388,000 of them arriving in the United States, fits this definition. The death toll during the Middle Passage alone, where Africans were transported in horrific conditions, is estimated to be as high as 2 million. These numbers represent just the beginning of the atrocities committed against African Americans .
During the era of slavery in the United States, African Americans were subjected to systematic dehumanization and brutal labor practices. Enslaved individuals were counted as property, not people, under the law. The U.S. Constitution’s Three-Fifths Compromise (1787) further enshrined their status as less than human, counting enslaved individuals as three-fifths of a person for purposes of representation and taxation. The abolition of slavery in 1865, while a significant legal milestone, did not mark the end of these abuses. Instead, it gave rise to new forms of systemic oppression.
“You don’t know what country, culture, and language you came from. You don’t know what your religion was before. You don’t know where you came from.” – Shahid Bolsen
Jim Crow, Lynching, and the Rise of Modern Terrorism
The Jim Crow era (late 19th century to mid-20th century) saw the institutionalization of segregation and racial violence against African Americans, with the federal government doing little to protect them. Lynchings became a tool of domestic terrorism. Between 1882 and 1968, over 4,743 lynchings were documented in the United States, with the vast majority of victims being African American. These lynchings were public spectacles, often with government officials and law enforcement either participating or turning a blind eye to the violence . No one has ever been held accountable for these atrocities.
The terrorist nature of this racial violence is clear. These acts were intended not just to kill, but to terrorize the African American population, to maintain white supremacy, and to reinforce systemic oppression. This qualifies these acts as terrorism under modern definitions, as they were meant to instill fear in a civilian population for political and social dominance.
Legal Framework and Accountability for War Crimes and Crimes Against Humanity
According to international law, government officials who knowingly participate in or allow genocide, crimes against humanity, and terrorism to occur are culpable for these crimes. The Nuremberg Principles, adopted after World War II, established that individuals, including government officials, can be held criminally responsible for war crimes and crimes against humanity, even if those crimes were committed under domestic laws. The U.S. signed and ratified the Genocide Convention in 1948, which also makes the government responsible for preventing and punishing acts of genocide .
The U.S. government’s role in maintaining systems of racial oppression, from slavery to segregation and mass incarceration, can be viewed through this lens. For instance, Andrew Jackson, former U.S. President, was directly responsible for the forced removal and genocide of Native Americans through the Trail of Tears, a government policy that led to the deaths of thousands of Indigenous people. Similarly, the legacy of racial segregation, upheld by figures like Woodrow Wilson and others in the early 20th century, can be argued as complicity in crimes against humanity against African Americans.
Even in more recent history, Richard Nixon’s “War on Drugs” was disproportionately enforced against African Americans, leading to mass incarceration and the destruction of entire communities. Documents from the Nixon administration reveal that the war on drugs was designed in part to target Black Americans and disrupt their communities, essentially making the government complicit in ongoing human rights abuses .
“You say you’re African American but you don’t know anything about Africa. You don’t even know which part of Africa you came from.” – Shahid Bolsen
Present-Day Accountability and the Path Forward
Today, there is growing recognition that many of the actions taken by government officials throughout U.S. history should be classified as crimes against humanity, acts of terrorism, and violations of human rights. Organizations such as the American Civil Liberties Union (ACLU), the United Nations, and other human rights bodies have pushed for the U.S. government to reckon with its past.
The modern international legal system holds that individuals, including government officials, can be prosecuted for their role in genocide, terrorism, and crimes against humanity. Legal scholars have argued that the United States has not adequately addressed its legacy of racial terrorism, and there are calls for international bodies to investigate these crimes. For example, in 2021, the U.N. Human Rights Council issued a report condemning the systemic racism and police violence in the United States, calling for accountability and reparations .
United Nations Human Rights Council 2021 Report:
The Case for Reparations
The demand for reparations for African Americans has been gaining momentum as more evidence of systemic oppression is uncovered. The wealth gap between African Americans and white Americans, as well as the lasting impacts of redlining, educational inequality, and mass incarceration, are all byproducts of centuries of racial oppression. Estimates suggest that the economic toll of slavery alone amounts to trillions of dollars in unpaid wages and lost economic potential for African Americans .
Reparations could be a significant step towards justice for the crimes committed against African Americans. While some argue that reparations are impractical, they are in line with international law, which requires reparations for victims of genocide and crimes against humanity. The ongoing impact of systemic racism on African Americans makes this not just a moral imperative, but a legal one as well.
“You’re the indigenous people of the entity called the United States of America, without being indigenous. Everything else came from elsewhere.” – Shahid Bolsen
Conclusion
The African American experience is an unprecedented phenomenon in world history. It is a story of a people who were forcibly severed from their roots, culture, and identity, and who have had to forge a new identity in the face of systemic oppression and human rights abuses. The United States has yet to fully reckon with its legacy of genocide, terrorism, and crimes against humanity committed against African Americans. Government officials, both past and present, should be held accountable for their roles in these atrocities. The time has come for the United States to confront its past, make reparations for its crimes, and work towards a future where African Americans are truly equal and free from oppression.
“Your culture is the only one that came from right there (in America), because you’re cut off from everything else. There’s nobody else like that. There’s no other culture like that in the world.” – Shahid Bolsen
This blog emphasizes the unique African American experience, the systemic abuses they have endured, and the legal frameworks that demand accountability for these historic injustices. African Americans remain living proof of the genocides, terrorism, and human rights abuses perpetrated in the United States, and they deserve justice for these crimes.
Until Next Time…
I Am,
Ewing Redmond Samuels III
