White Supremacy, Police Brutality, and Family Separation: Preventing Crimes Against Humanity Within the United States

58 Pages Posted: 24 May 2021

See all articles by Elena A. Baylis

Elena A. Baylis

University of Pittsburgh - School of Law

Date Written: May 18, 2021

Abstract

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does not have a federal law prohibiting crimes against humanity. This Article first applies international law to define crimes against humanity and assess the risk of crimes against humanity occurring within the United States. It then turns to domestic law to evaluate the potential for a federal law or other federal measures to protect against crimes against humanity, including the political obstacles, the likelihood that any future legislation will depart significantly from international law, and the implications for effectiveness.

Keywords: International criminal law, crimes against humanity, human rights, immigration, family separation, sexual assault, police brutality, white supremacy, race, legislation, criminal law, legislation, Congress, military, war crimes

Suggested Citation

Baylis, Elena A., White Supremacy, Police Brutality, and Family Separation: Preventing Crimes Against Humanity Within the United States (May 18, 2021). University of Illinois Law Review, 2022 Forthcoming, U. of Pittsburgh Legal Studies Research Paper No. 2021-16, Available at SSRN: https://ssrn.com/abstract=3848729

Elena A. Baylis (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States

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