Introduction
In recent years, there has been a growing outcry against the widespread issue of police brutality in the United States. For too long, law enforcement officers have engaged in excessive use of force, often resulting in fatalities—acts which, under international law, constitute “extrajudicial killings.” While the U.S. prides itself on being a bastion of law and order, it operates in direct violation of global legal standards when it allows its officers to act with impunity in cases of police misconduct. This blog will delve into why U.S. law enforcement must face severe penalties for these actions, which are not only morally reprehensible but also illegal under international norms.
Police Brutality as ‘Extrajudicial Killings’ Under International Law
Extrajudicial killings refer to the killing of individuals by state actors without judicial process. This act is strictly prohibited under international law, including key human rights treaties that the United States is party to, such as the International Covenant on Civil and Political Rights (ICCPR). Article 6 of the ICCPR specifically guarantees the “right to life” and declares that no one shall be arbitrarily deprived of life. By engaging in acts of police brutality that lead to the unjustified deaths of civilians, U.S. law enforcement officers are committing actions that amount to extrajudicial executions, a gross violation of this fundamental human right.
Moreover, the United Nations Human Rights Committee, which interprets the provisions of the ICCPR, has made it clear that any killings carried out by state authorities without proper legal safeguards or due process are extrajudicial and illegal. These violations are subject to international scrutiny and, in severe cases, could trigger sanctions or legal actions under international human rights frameworks.
The U.S. government’s continued failure to hold officers accountable for these actions perpetuates a system that is fundamentally out of alignment with global human rights standards.
“When police officers are allowed to operate above the law, it erodes the very foundation of justice. The United States must align its policing practices with international human rights standards and enforce severe penalties for those who violate them.”
– Ewing Redmond Samuels III
Violations of the Global Consensus on the Use of Force
Globally, there is an established consensus on the proper use of force by law enforcement. The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials state that force should be used only when strictly necessary and must be proportional to the legitimate objective being pursued. Law enforcement officers are expected to preserve human life and resort to lethal force only as a last resort when there is an imminent threat to life.
However, statistics in the United States tell a different story. According to a 2021 report by Mapping Police Violence, police in the U.S. killed over 1,100 people that year alone, with 98.3% of those killings resulting in no charges against the officers involved. Many of these killings involved unarmed civilians and individuals who posed little to no immediate threat to the officers or others. These figures starkly contrast with countries that adhere to international standards—nations like Germany and the UK, where police killings are a rare occurrence due to strict regulations on the use of deadly force.
The U.S. system not only permits but often encourages the overuse of force, particularly in marginalized communities, under the guise of maintaining law and order. The result is a disproportionate impact on Black and brown communities, who are significantly more likely to be victims of police violence. This systemic failure to protect life and ensure accountability stands in clear violation of international legal norms.
“The rhetoric of ‘law and order’ cannot be used as a shield to protect law enforcement officers from accountability. This narrative only serves to perpetuate a culture of violence and impunity that stands in direct violation of global legal norms.”
– Ewing Redmond Samuels III
The Impunity Problem: Why Accountability is Crucial
One of the gravest issues surrounding police brutality in the U.S. is the culture of impunity that surrounds these acts. Despite overwhelming evidence of misconduct, including video footage, forensic reports, and witness testimony, many officers face minimal to no consequences. This lack of accountability not only emboldens rogue officers but also erodes public trust in the criminal justice system.
International bodies, including the Inter-American Commission on Human Rights (IACHR) and the United Nations Office of the High Commissioner for Human Rights (OHCHR), have repeatedly criticized the U.S. for its failure to hold law enforcement officers accountable for excessive use of force and extrajudicial killings. In a 2020 report, the IACHR condemned the disproportionate impact of police violence on racial minorities and called on the U.S. to take immediate measures to address the systemic racism in its policing practices.
Yet, despite these calls for reform, the U.S. government continues to allow law enforcement officers to act with near impunity, claiming that their actions are justified in the name of law and order. This narrative is particularly dangerous, as it provides cover for human rights violations while undermining the rule of law itself.
U.S. Claims of ‘Law and Order’ Are a Facade
Whenever police officers in the United States are accused of brutality or extrajudicial killings, government officials often invoke the defense of maintaining “law and order.” This rhetoric has been used to justify harsh crackdowns on protests, aggressive policing in poor communities, and even the militarization of law enforcement. However, such claims ring hollow when measured against the backdrop of international law.
The Geneva Academy of International Humanitarian Law and the International Committee of the Red Cross (ICRC) both outline that even in situations of civil unrest, the use of force must be measured and strictly controlled. Excessive, unchecked violence by law enforcement is seen as a violation of both human dignity and the principles of necessity and proportionality—principles that the U.S. continues to disregard in its pursuit of “law and order.”
The hypocrisy is glaring. While the U.S. claims to champion human rights globally, domestically, it allows state actors to flout international norms and commit grave abuses against its own citizens. The U.S. stands in direct violation of international laws it claims to uphold.
The Path Forward: Severe Penalties and True Accountability
To rectify its human rights abuses, the U.S. must impose severe penalties on law enforcement officers who engage in police brutality and extrajudicial killings. This includes:
- Establishing independent oversight bodies that can investigate and prosecute police misconduct without political interference.
- Implementing nationwide reforms to limit the use of deadly force, ensuring that it is truly a last resort.
- Complying with international human rights treaties and bringing its policing standards in line with global norms.
- Enacting stricter penalties for officers found guilty of misconduct, including long-term imprisonment and disqualification from future law enforcement roles, and the death penalty.
Without true accountability, the cycle of violence and impunity will continue to damage both the U.S.’s global reputation and its social fabric. The world is watching, and it is time for the United States to face the consequences of its violations of international law. Police brutality is not just a domestic issue—it is a matter of global human rights, and those responsible must be held to the highest standard of justice.
By failing to hold law enforcement officers accountable for extrajudicial killings and police brutality, the United States stands in direct violation of international law. While claiming to uphold law and order, the U.S. system perpetuates a dangerous culture of impunity that allows officers to act with little fear of repercussions. It is time for real change—both for the sake of justice and to restore the rule of law.
References:
- International Covenant on Civil and Political Rights (ICCPR)
- UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
- Mapping Police Violence, 2021 Report
- Inter-American Commission on Human Rights, 2020 Report
- Geneva Academy of International Humanitarian Law
Until Next Time…
I Am,
Ewing Redmond Samuels III
