Part of the Series
Human Rights and Global Wrongs
Shortly after the public lynching of George Floyd, the U.S. Human Rights Network and the ACLU organized an international coalition of more than 600 organizations and individuals to urge the United Nations Human Rights Council to convene a commission of inquiry to investigate systemic racism and police brutality in the United States. George Floyd’s brother, Philonise Floyd, addressed the Council by video, stating, “You in the United Nations are your brothers’ and sisters’ keepers in America.” He implored the UN, “I’m asking you to help us — Black people in America.”
However, the Trump administration lobbied heavily against this investigation, objecting to limiting the inquiry to the U.S. The Council subsequently declined a request by a group of African countries within the Council to establish the inquiry commission. “The outcome is a result of the pressure, the bullying that the United States did, assisted by many of its allies,” said Jamil Dakwar, the ACLU’s human rights program director.
But the Council did task the High Commissioner for Human Rights Michelle Bachelet with preparing a report by June 2021 on “systemic racism, violations of international human rights law against Africans and people of African descent by law enforcement agencies, especially those incidents that resulted in the death of George Floyd and other Africans and people of African descent, to contribute to accountability and redress for victims.” In Resolution 43/1, the Council did not limit the subject matter of the report to violations in the United States.
To assist in the preparation of Bachelet’s report, the Council called for input from several entities, including nongovernmental organizations.
The International Association of Democratic Lawyers, National Conference of Black Lawyers and National Lawyers Guild responded to that call by establishing their own International Commission of Inquiry on Systemic Racist Police Violence Against People of African Descent in the United States.
Rutgers University law professor emeritus Lennox Hinds, who conceived of the idea for the commission, told Truthout, “This International Commission of Inquiry is an attempt to give voice to the international outrage resulting from the public lynching of George Floyd and to expose the racist and systemic nature of police violence against people of African descent in the United States and to hold the U.S. government accountable before the international community.”
Twelve commissioners, including prominent judges, lawyers, professors, advocates and UN special rapporteurs from Pakistan, South Africa, Japan, India, Nigeria, France, Costa Rica, the United Kingdom and the West Indies will hold public hearings from January 18 to February 6.
The commission will hear evidence in 50 cases of police violence that occurred throughout the United States from 2010-2020, including the killings of George Floyd, Michael Brown, Eric Garner, Breonna Taylor and Tamir Rice. Many resulted in the deaths of unarmed or nonthreatening African Americans.
Although the commission won’t have the money and resources a UN investigation would have commanded (were it not for Trump’s obstruction), the scope of this inquiry will go beyond the Council’s resolution by giving voice to the families of Black victims of police brutality.
Testimony of victims’ lawyers and family members, community representatives and acknowledged experts will occur in 25 cities via Zoom. The commissioners will prepare a report for submission to the UN high commissioner and the public by the end of March. They will be assisted in the hearings and preparation of their report by a team of four rapporteurs, including this writer. Students and faculty from Rutgers Law School will provide research support.
The commissioners will ask the UN high commissioner to use our report to inform her report to the Council. We will also publicize our report widely in the United States and throughout the world for people to use in litigation and advocacy.
This will be a thorough investigation of anti-Black violence perpetrated by police in the United States. It will examine: 1) Cases of victims of police violence, extrajudicial killings and maiming of people of African descent and entrenched structural racism in police practices throughout the U.S.; and 2) The structural racism and bias in the criminal “justice” system that results in the impunity of law enforcement officers for violations of U.S. and international law.
The commission will analyze whether several instances of police violence against African Americans violated international law. A 2020 study of the 20 largest cities in the United States found none whose lethal force policies complied with international human rights law and standards.
Finally, the commission will consider the lack of accountability for violations of human rights, and recommend effective measures to end impunity in the future.
Treaties the United States ratifies become part of U.S. law under the Supremacy Clause of the Constitution. They are the “supreme law of the land.” The U.S. has ratified three human rights treaties that enshrine the right to life, the right to be free from torture and the right to be free from discrimination. All three require effective measures be taken for violations of the rights protected by those treaties.
During the hearings, the testimony will describe instances of police violence that deprived African Americans of the right to life, and the rights to be free from torture and discrimination.
“We want the [UN] high commissioner [Michelle Bachelet] to actually use this report,” said Kerry McLean, a member of the steering committee that is establishing the commission. “She’s not doing hearings, so we’re doing hearings.”
The hearings will be accessible to the public. The report and findings of the commission will be published in English.
Truthout Is Preparing to Meet Trump’s Agenda With Resistance at Every Turn
Dear Truthout Community,
If you feel rage, despondency, confusion and deep fear today, you are not alone. We’re feeling it too. We are heartsick. Facing down Trump’s fascist agenda, we are desperately worried about the most vulnerable people among us, including our loved ones and everyone in the Truthout community, and our minds are racing a million miles a minute to try to map out all that needs to be done.
We must give ourselves space to grieve and feel our fear, feel our rage, and keep in the forefront of our mind the stark truth that millions of real human lives are on the line. And simultaneously, we’ve got to get to work, take stock of our resources, and prepare to throw ourselves full force into the movement.
Journalism is a linchpin of that movement. Even as we are reeling, we’re summoning up all the energy we can to face down what’s coming, because we know that one of the sharpest weapons against fascism is publishing the truth.
There are many terrifying planks to the Trump agenda, and we plan to devote ourselves to reporting thoroughly on each one and, crucially, covering the movements resisting them. We also recognize that Trump is a dire threat to journalism itself, and that we must take this seriously from the outset.
After the election, the four of us sat down to have some hard but necessary conversations about Truthout under a Trump presidency. How would we defend our publication from an avalanche of far right lawsuits that seek to bankrupt us? How would we keep our reporters safe if they need to cover outbreaks of political violence, or if they are targeted by authorities? How will we urgently produce the practical analysis, tools and movement coverage that you need right now — breaking through our normal routines to meet a terrifying moment in ways that best serve you?
It will be a tough, scary four years to produce social justice-driven journalism. We need to deliver news, strategy, liberatory ideas, tools and movement-sparking solutions with a force that we never have had to before. And at the same time, we desperately need to protect our ability to do so.
We know this is such a painful moment and donations may understandably be the last thing on your mind. But we must ask for your support, which is needed in a new and urgent way.
We promise we will kick into an even higher gear to give you truthful news that cuts against the disinformation and vitriol and hate and violence. We promise to publish analyses that will serve the needs of the movements we all rely on to survive the next four years, and even build for the future. We promise to be responsive, to recognize you as members of our community with a vital stake and voice in this work.
Please dig deep if you can, but a donation of any amount will be a truly meaningful and tangible action in this cataclysmic historical moment.
We’re with you. Let’s do all we can to move forward together.
With love, rage, and solidarity,
Maya, Negin, Saima, and Ziggy