Introduction
In the United States, law enforcement encompasses a vast system of interconnected agencies and officials—police officers, prosecutors, and judges—who hold significant power over citizens’ lives. Yet, despite their authority and intimate knowledge of the law, members of this system frequently engage in misconduct, disregarding not only U.S. legal standards but also internationally recognized human rights principles. The impunity with which these actors operate, often under the banner of “law and order,” has pushed the U.S. into direct violation of international law. Given their training and extensive knowledge of the law, these officials should face severe repercussions for violations—far beyond what an average citizen might face. Their legal knowledge and the public trust placed in them demand the highest accountability.
This blog explores how the U.S. law enforcement system flouts international legal standards, why harsher penalties are necessary, and what reforms could bring the United States back into alignment with the global consensus on human rights.
1. International Law Standards for Law Enforcement Officials
Globally accepted standards mandate ethical and lawful behavior from every level of the law enforcement process, including policing, prosecutorial conduct, and judicial impartiality. International guidelines, such as the UN Code of Conduct for Law Enforcement Officials and the Basic Principles on the Role of Lawyers, Prosecutors, and Judges, are clear about the responsibilities of these roles in upholding human rights. The International Covenant on Civil and Political Rights (ICCPR), which the U.S. has ratified, and the Convention Against Torture prohibit any conduct within law enforcement that promotes cruelty, arbitrary detention, or extrajudicial punishment. In ratifying these treaties, the U.S. made a commitment to protect citizens’ rights to justice, dignity, and due process.
Yet, evidence shows how the U.S. frequently ignores these principles. In numerous cases, law enforcement officials at every level—from police officers on the street to prosecutors in courtrooms and judges on the bench—have systematically violated these rights with little accountability.
2. Proof of Systemic Misconduct in U.S. Law Enforcement
The record of misconduct within the U.S. law enforcement system, particularly when compared to international standards, paints a disturbing picture. Examples of abuses of power can be found at every level:
- Excessive Use of Force and Arbitrary Detentions by Police: Since 2015, over 1,000 people have been fatally shot by police annually. Amnesty International reports indicate that American police are far more likely to use lethal force than officers in any comparable nation. These actions violate international standards on the use of force, which specify that force should only be used as a last resort.
- Prosecutorial Misconduct and Conviction Corruption: Prosecutors hold considerable influence over criminal trials, from charging decisions to plea deals, but misconduct among U.S. prosecutors is pervasive. Studies by the National Registry of Exonerations reveal that prosecutorial misconduct, including withholding evidence and coercing witnesses, has led to thousands of wrongful convictions. These actions not only disrupt lives but violate international human rights by denying fair trials and due process.
- Judicial Bias and Failure to Ensure Due Process: Judges are meant to serve as impartial arbiters, yet biases—whether political, racial, or economic—often taint judicial proceedings. The U.S. has consistently faced international criticism for the use of cash bail, a system which disproportionately punishes lower-income defendants. Moreover, judges have contributed to the perpetuation of unjust sentencing, particularly in cases of mandatory minimums, which fail to consider individual circumstances. Such practices violate the International Covenant on Civil and Political Rights, which the U.S. committed to following, yet continually disregards in practice.
3. Legal Knowledge Demands Accountability, Not Immunity
Law enforcement officials—whether police officers, prosecutors, or judges—are required to have extensive knowledge of the law. This knowledge places an even greater obligation on them to uphold legal principles and ethical standards. However, the U.S. domestic legal system often shields these officials from repercussions.
- Qualified Immunity for Police Officers: Police officers in the United States are protected under a doctrine called qualified immunity, which shields them from personal liability unless they violate “clearly established” rights. While intended to allow officers to make split-second decisions without fear of reprisal, this doctrine has led to widespread impunity for officers who commit acts of violence or engage in misconduct. Under international law, those who violate human rights cannot claim immunity by virtue of their official status, especially when trained in the law.
- Absolute Immunity for Prosecutors: U.S. prosecutors enjoy absolute immunity for actions taken within their official duties, meaning they cannot be personally held accountable for any misconduct during trial proceedings. This legal shield is in direct conflict with international standards, which mandate that all officials responsible for human rights violations should face consequences.
- Judicial Impunity for Bias or Misconduct: Judges are rarely held accountable for biased decisions, even when evidence of racial discrimination or procedural injustice surfaces. The international principle of judicial accountability, meant to safeguard justice and protect individuals from judicial abuse, is poorly upheld in the U.S., where disciplinary actions against judges for biased rulings are minimal.
By protecting officials who are well-versed in the law, the U.S. legal system creates an accountability gap that contradicts its own commitments to international human rights. This failure has damaging repercussions, undermining public trust and reinforcing systemic inequalities.
4. U.S. System’s Direct Violations of International Law
The United States has often been quick to condemn other countries for human rights violations, yet it fails to enforce these standards within its own borders. This inconsistency does not go unnoticed by the global community.
In recent years, U.S. law enforcement practices—particularly in the areas of excessive force, wrongful convictions, and racial discrimination—have drawn criticism from the United Nations Human Rights Council and various international human rights organizations. Amnesty International and Human Rights Watch have both flagged U.S. policing as a violation of international standards on several counts, including discrimination, arbitrary detention, and torture-like treatment in cases of prolonged solitary confinement. These failures underscore a hypocritical stance that damages the U.S.’s credibility as a global leader in human rights.
5. Solutions: Ensuring Accountability Through Severe Penalties and Systemic Reform
Aligning the U.S. justice system with international human rights standards requires a commitment to holding all law enforcement officials—police, prosecutors, and judges—accountable. Potential solutions include:
- Eliminating Qualified and Absolute Immunity: Removing qualified immunity for police and absolute immunity for prosecutors would enable civil suits against officials who commit rights violations, aligning the U.S. with the international principle of individual accountability.
- Establishing an Independent Oversight Body: An independent, federally mandated body should oversee and investigate misconduct across all branches of law enforcement, including judiciary misconduct. Investigative bodies that act independently, much like those mandated by international human rights treaties, could restore integrity to the justice system and offer transparent assessments of misconduct.
- Engaging with International Human Rights Organizations: Regular collaboration with the United Nations, International Criminal Court, and other human rights bodies would ensure that U.S. practices are reviewed against international benchmarks. Additionally, the U.S. could adopt the U.N.’s model of transparent reporting, publishing annual misconduct data across police departments, prosecutorial offices, and judicial review boards.
Conclusion
The United States can no longer ignore its obligations to international law and must hold law enforcement officials—police, prosecutors, and judges—accountable for misconduct. Knowledge of the law and ethical responsibilities should come with heightened consequences (death penalty) for those who misuse their positions of power. Severe penalties for these officials would demonstrate a true commitment to justice and signal to the world that the U.S. is prepared to uphold human rights standards consistently.
The time for reform is now, and the U.S. has a clear roadmap to follow if it truly seeks justice. Real change must begin at home by addressing the misconduct of those entrusted with the law, ensuring that accountability is upheld at every level of the system. Without these reforms, “law and order” in the U.S. will remain a hollow phrase, hiding abuse and inequality under the guise of justice.
Sources
United Nations Code of Conduct for Law Enforcement Officials, 1979.
Amnesty International, “Excessive Use of Force in the United States,” 2022.
Human Rights Watch, “Police and Judicial Misconduct in the United States,” 2021.
Until Next Time…
I Am,
Ewing Redmond Samuels III
