"Hands Up, Don't Shoot": The Use of Deadly Force by Police Against Racial Minorities in the United States

Isabella Nascimento
Vol. 24
February 2018
Page 62

Recently, the U.S. has attracted negative attention because of the prevalence of the use of deadly force by police against Black Americans. The public—both national and international—have criticized the U.S.’s culture of police impunity, claiming that it is in violation of various international human rights treaties. This Comment analyzes the U.S.’s international obligations under the ICCPR, CERD, and CAT as they pertain to police use of lethal force. It examines whether U.S. domestic laws are in compliance with those international standards, and whether the U.S. is complicit in human rights violations at the hands of its law enforcement officers because of use of force policies as practiced. This Comment examines the fatal shooting of Michael Brown by Officer Darren Wilson as one example. Ultimately, the Comment concludes that the U.S. is in violation of international law for illegal police use of deadly force against racial minorities. It suggests two solutions through which to bring the U.S. back into compliance with its obligations—implementation of recently updated international documents into law enforcement policies and practices and creation of an international investigative body assigned specifically to the U.S.

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