Category: Security

Comparing Police Discipline in the US and the UK: Lessons for American Law Enforcement – Part 1

American law enforcement, Conflict, Labour rights, Police and Policing, Punishment, Security, UK, US Politics, USA

This post is the first of a two-part blog by Prof. Paul Clark comparing police discipline in the US and the UK. Part I focuses on the relevant similitudes and differences between police discipline in the two countries and highlights the connections between police trade unions and police discipline.

Paul F. Clark is Professor and former Director, School of Labor and Employment Relations at Penn State University in the United States.  His research has focused on employment relations, labor unions, and the globalization of labor markets.  His current focus is on police unions and police disciplinary processes in the UK and the US.  He has authored or edited six books and his research has appeared in the leading scholarly journals in industrial and labor relations, applied psychology, and international labor issues.  He has served as a visiting professor at universities in Scotland, Australia, and New Zealand and is currently President-elect of the U.S.-based Labor and Employment Relations Association.

 

Recent high-profile cases of police misconduct in the U.S. have heightened racial tensions and increased public awareness of systematic problems in American law enforcement.  The deaths of George Floyd and Breonna Taylor at the hands of Minneapolis and Louisville police in 2020 were met by widespread protest around the world and for calls for police reform.

Photo by Gayatari Malhotra on Unsplash

The fact that Derek Chauvin, the officer who knelt on Floyd’s neck causing his death, had 18 complaints regarding serious misconduct filed against him since 2001 and was still working as a police officer, has contributed to the impression that American police are not being held accountable for their actions.

In the wake of these concerns, the movement to reform American policing has gained momentum.  This reform movement is looking at all aspects of American law enforcement including oversight, funding, training, use of force, hiring, pay, and recruitment.  However, one important element that has received minimal consideration in discussions about reform are the processes for disciplining police officers accused of misconduct.

While the British public has concerns about police misconduct, police are viewed more favorably in the UK than in the US.  In surveys conducted in 2020, 74 percent of people aged 16 and over in England and Wales reported having confidence in their local police, while only 48 percent of Americans held that view.

A preliminary examination of the UK police complaint and discipline processes indicates that these processes differ significantly from, and work more effectively than, those in the US.  This suggests that there may be elements of the British system of police discipline that could be adapted and adopted by American law enforcement.

To learn more about the UK police complaint and discipline processes, I spent the spring of 2022 in residence at the University of Edinburgh’s Global Justice Academy and the University of Oxford Law School.  Because England and Wales, Scotland, and Northern Ireland each have their own systems of law enforcement, they each have their own police complaint and discipline processes.  In the course of my work, I gathered information about the three processes and conducted 37 interviews with parties involved in these processes—police forces, police federations representing officers, independent public oversight agencies, and neutral hearing officers.  An analysis of the data collected identified a few elements that differ significantly from the discipline processes in the US and that, in my view, have potential to improve what is now, in many cases, a problematic process in the US.

Police disciplinary processes in the UK and the US have some elements in common.  Disciplinary processes are utilized to deal with both public complaints about officer conduct and internal charges made by police colleagues or supervisors.  Public or internal charges can result in an investigation into an officer’s conduct.  The results of the investigation are considered by police administrators and the charged officer (and the officer’s representatives) are given opportunities to respond.  If the charges are not resolved, the case can go before a neutral third party who renders a decision.

Photo by King’s Church International on Unsplash

One significant difference between the US and UK systems of law enforcement is that the majority of police officers in the US belong to trade unions (57.5 percent in 2019) that have the right to collective bargaining. Some of these police unions, mostly in large cities, have used their bargaining power to negotiate contract clauses that make it harder to discipline their members. These unions also generally take a more adversarial approach when advocating for their members in the discipline process than their counterparts in the UK.  For these unions, “defending the member at all costs” is the priority, even when the officer or officers involved have engaged in problematic behavior.

A recent analysis found that in 624 police discharge cases heard by arbitrators (neutral third parties) nationwide between 2006 and 2020, police officers were reinstated to their jobs 52 percent of the time. During the same period, in Minneapolis, in six of eight cases involving the discharge of police officers, the charges were overturned, and the officers returned to their jobs.

In the UK, police are not permitted to be represented by a trade union.  Instead, officers at all ranks are represented by professional associations that advocate for the good and welfare of their members (for example, constables, sergeants, and inspectors in England and Wales are represented by the Police Federation of England and Wales), but do not engage in collective bargaining.  While these federations and associations fight for their members when they feel they have been treated unfairly, they also tend to look more broadly at what is good for the policing profession and for the community.  In some instances, they may put the interests of the profession and the community ahead of those of an individual member.  For example, they might try to counsel a problematic officer into resigning from the force, rather than fight to get their job back.  One long-serving police federation representative told me he thought “he might be responsible for getting rid of more bad cops than the police force had.”

Certainly, some police unions in the US do what they can to make sure that officers not suited to policing do not continue to serve.  But in some notable cases where unions have won reinstatement for officers accused of excess force, racism, or corruption, these officers have continued to engage in misconduct. If they want to increase the public’s confidence in their members, the more aggressive police unions need to moderate their approach to representing their members and emphasize what is good for the profession and the community.

In addition to moderating their defense of “bad cops,” some US police unions need to consider rethinking existing contract language that makes it difficult for police departments to discipline officers (while still ensuring that they receive appropriate due process).  Both changes would have a positive impact on how the public views the police.

Finally, it should be noted that an additional reason that police officers fired for misconduct in the US (and sometimes in the UK) are put back on the job is that police management sometimes does a poor job of investigating and building discipline cases against officers.  Bringing a weak case before a neutral third party greatly increases the chances that a union will win the case and enable an undeserving officer to retain their job.  Where this happens, police managers need to improve their performance.

Continue reading part 2 of this two-part blog.

 

 

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AHRI Statement on the Russian Aggression against Ukraine

Conflict, Eastern Europe, Human rights, ICCPR, International Law, Russian Federation, Security, Ukraine, UN

The Secretariat for the Association of Human Rights Institutes (AHRI), hosted by the Global Justice Academy (GJA) and Strathclyde Centre for the Study of Human Rights Law, along with the full AHRI Executive Committee, today published its statement on the Russian Federation’s violations of fundamental international law, including human rights law, and the danger it poses to the post-World War II peace and security architecture.

The Russian Federation’s invasion of sovereign Ukrainian territory is a clear violation of international law and endangers the post-World War II peace architecture that has prevailed over Europe these last seven decades.

The Russian Federation is bound by seven of the core UN human rights treaties as well as the European Convention on Human Rights. We recall the position of the Human Rights Committee that States parties of the International Covenant on Civil and Political Rights who are engaged in acts of aggression as defined in international law, resulting in deprivation of life, violate ipso facto the right to life as protected by Article 6 of the Covenant. Each step it takes in Ukraine negates its commitment to respect and protect the rights of civilians in Ukraine and those in Russia who are unable to safely voice their opposition to their government. This unprecedented use of force and blatant breach of the UN Charter, the Charter of Paris, and the Helsinki Final Act brings suffering and misery to Ukraine and its people.

As the largest global network of human rights research institutes, AHRI stands together with its colleagues, students and friends in the Ukraine and those in Russia who have been intimidated and forced to remain silent in the face of Russia’s acts of aggression.

Photo of protestors holding Ukraine flags

Photo by: Beth LaBerge

Read the full statement here: AHRI Statement on Russian Aggression against Ukraine

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Human Insecurity: Can ‘ISIS Brides’ Be Victims of Human Trafficking?

Conflict, Gender, Human rights, Human Trafficking, ISIS, Middle East, Palermo Protocol, Security, Sexual Violence, UNCRC, Women

Photo of the authorThis is the third blog in a series written by LLM students on the Human (In)Security course at Edinburgh Law School. The series celebrates the top five blogs selected in a class competition. This blog is by Isobel Murray John. Isobel is from the Highlands of Scotland and finished her LLB at Edinburgh University before taking a year out and returning to read the LLM in International Law. You can follow her on Twitter @IsobelMurrayJo1.

 

Choice or coercion? Can ‘ISIS brides’ be victims of human trafficking?

Human trafficking exists in many shades of grey. A standard victim profile simply does not exist. Restricting who we consider as legally legitimate victims may leave those who do not fit the traditional mould, open to further exploitation. An example of when lines seem blurred, often to the detriment of the ‘victim’, is seen in the case of girls who are ‘recruited’ to become brides for ISIS. Often as young as 15 they are lured by promises of a more religiously fulfilled life with a loving husband. Yet they often find themselves forced to live as slaves with little regard for their fundamental human rights. The global narrative surrounding these girls centres around the fact that they made the choice to travel to join ISIS, and therefore how could they possibly be victims of human trafficking. This blog post will examine this flawed narrative and explore how the legal definition of ‘human trafficking’ can actually fit the exploitive circumstances these girls find themselves in. There should be more acknowledgment and empathy from society rather than disgust and ostracism.

Current international law on human trafficking

To understand whether ‘ISIS brides’ could be considered as victims of human trafficking it is necessary examine if the current international law can be applied. Most importantly, the United Nations’ Protocol to Prevent, Supress and Punish Trafficking in Persons (Palermo Protocol) states that trafficking is the:

Recruitment, transportation, transfer, harbouring or receipt of people through force, fraud or deception, with the aim of exploiting them for profit.[1]

Exploiting people deceived into that position is the key element of trafficking. There is no ‘one-size fits all’ standard definition of exploitation. The Palermo Protocol notes that exploitation can include; sexual exploitation, slavery and forced labour or services.[2] So can these young girls who find themselves lured in by ISIS recruiters be considered as having been deceived and exploited? They are certainly deceived by tales of the ‘joys of sisterhood’ and the promise of love and religious fulfilment. The groups aggressively groom and manipulate these girls, often over social media,[3] showering them with praise and flattery. Once they arrive they almost instantaneously become the man’s property, and find themselves forced into virtual slavery.

Are ISIS brides exploited?
Muslim woman in burqua with two female children

AFP/Getty Images

Montgomery notes that these women find that their role is, “is circumscribed for childbearing, marriage, cooking and cleaning, and they may not even be able to leave the house.”[4] One told of being ‘gifted’ to her husband’s friends and raped until she would

pass out. Another was trafficked at 14, married against her will, pregnant by 15, then again at 16. The realities of stoning’s, beatings and sexual slavery, not to mention the torment of being constantly pregnant is not something you would wish on your worst enemy let alone a child. Yet the fact that many of these girls are under the age of 18 when they first become exposed to this deception and coercion, thus legally considered to be children according to the United Nations Convention on the Rights of the Child, seems to be forgotten.[5] The UK Government Home Office guidance on human trafficking acknowledges that young people and children, due to their dependent status, will be far more susceptible to psychological coercion. It even states that individuals may appear as “willing participants”.[6]

Unrepentant or brainwashed?

These girls face huge stigma and backlash based on their ‘choice’ to leave their own countries and join these groups. They are believed to have made these judgements clearly and in sound mind, and therefore the punishment should be representative of this. Yet how much of a choice is it? Domestic judicial systems must recognise the likelihood that these girls have been trafficked. Understandably, each case should be judged on individual circumstances as the complexity of motivations and roles of these woman is diverse.[7] Often however, the hallmarks of the Palermo Protocol’s definition of trafficking are present. These girls are groomed and deceived into making the decision to travel to join ISIS. Once there, they move around with the group, are sexually exploited and treated in a manner which totally denies their dignity and fundamental human rights.[8]

Photo of Shamima Begum.

Credit: Anthony Loyd/The Times/News Licensing

Famously, Shamima Begum has been described as “unrepentant and without regret” when asked about her decision to leave the UK and marry a Dutch ISIS fighter. Consequently, she, along with many other British women, has been stripped of her citizenship on the basis of ‘security fears’. Hannah Arendt poignantly describes citizenship as the “right to have rights”. Such an extreme response- to strip these women of their citizenship- should only be justified by unmitigated wrongs and must fully recognise the individual circumstances. The phrase ‘recruit’ is often used when describing these women, which only encourages a global narrative that such women are not victims but equitable with male fighters. The women will sometimes fight too, but the fundamental issue is that women are not lured to ISIS for to their fighting ability. It is the male sexual appetite and the securing of a future ISIS generation which prompts the demand for women.  They are deceived and exploited purely for their bodies.

How to move forward?

Further guidance should be provided on the application of the Palermo Protocol for cases which are not clear-cut, particularly regarding potential victims of trafficking by terrorists. Additionally, domestic legal systems should examine their implementation and interpretation of the protocol in such cases. The assumption in general discourse around trafficking is that it happens from a ‘poorer’ country to either another similar country or a ‘wealthier’ country. It is seen as inconceivable that victims may be transported from the West to less affluent and war-torn countries such as Syria. There is no standard victim of human trafficking. ‘Willing participation’ does not justify ignorance of circumstances that may well fit the legal definition of trafficking. While it should be reinforced that this may not mitigate potential crimes these young women may have committed, it must be taken into account. Very often they are deceived, coerced and brainwashed before being exploited for their bodies. This cannot be ignored.

 

 

[1] UN General Assembly, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000, Article 3(a).

[2] Ibid

[3] Gladstone, R, “Twitter Says It Suspended 10,000 ISIS-Linked Accounts in One Day.” New York Times. 9 April 2015

[4] Katarina Montgomery, ‘ISIS Recruits Brides to Solve Middle East ‘Marriage Crisis’, Syria Deeply, (2015).

[5] UN Commission on Human Rights, Convention on the Rights of the Child, 7 March 1990, E/CN.4/RES/1990/74, Article 1.

[6] UK Home Office, ‘Modern Slavery: Statutory Guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and Non-Statutory Guidance for Scotland and Northern Ireland, January 2021, at Section 2.18.

[7] Cook, J & Vale G, ‘From Daesh to Diaspora: Tracing the woman and minors of Islamic State.’ ICSR Report, Kings College London (2018), at p.26.

[8] Binetti, A, ‘A new frontier: human trafficking and ISIS’s recruitment of woman from the west’, Information2Action, Georgetown Institute for Woman, Peace & Security, (2015) at pp.2-3.

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