Picture us free

—Jasmine Nichole Cobb

I have always been enamored by U.S. illustrations of black struggles for freedom. Typical depictions feature African descendants insisting on respect and white state officials denying privileges. Cross-generational portrayals mediate these conflicts by construing blackness as spectacularly distinct within U.S. race relations. Although the specific “rights” in question change over time, these characteristics appear in images from the nineteenth to the twenty-first century. They are the stakes that underpin racist caricatures, early photography, and black screen cultures; in many ways, these themes define the pictorial history of the United States.

The year 2015 marks several watershed moments in the long arc of strivings for black freedom, including the 50th anniversary of the Voting Rights Act, signed by President Lyndon Johnson in 1965, as well as the 150th anniversary of the 13th amendment, ratified in 1865 to abolish the legal practice of slavery. On this continuum, 2015 will contribute its own pictures to the timeline of race in America, with illustrations of the first black president presiding over many important commemorations.

Last Saturday, March 7th, President Barack Obama gave a speech to memorialize the marches from Selma to Montgomery, Alabama. While his words were politically salient—charging congress to restore the Voting Rights Act—it is in pictures that the first black president marked an important contribution to the history of black people in the United States. Joined hand-in-hand with survivors of the civil rights struggle, the First Family stood on the frontline of a procession to cross the Edmund Pettus Bridge—the site of Bloody Sunday. Captured on the verge of marching, the Obamas were camera ready, smiling, their sense of motion stilled for the photographic opportunity. Hand-in-hand with Senator John Lewis and foot soldier Amelia Boynton Robinson, the Obamas were at the forefront, with Martin Luther King III and Rev. Al Sharpton among those notable figures that receded into back rows of the image.

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Staged to reminisce on the marches to Montgomery, this illustration suggests the fulfillment of black citizenship by the existence of a black president. It honors the murder and violation of activists in 1965, but draws on the sober and respectable depictions of triumph taken from days like March 25th when Martin Luther King Jr., Coretta Scott King and other activists safely arrived in the state capital. In living color, Obama implies the completion of black freedom struggles. Read against the precursor images—black-and-white photos of sixties activists marching forward, lips parted in song, tired, but convicted—the affirmation of black citizenship pictured in 2015 connects to illustrations that exclude contention.

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But like every attempt to picture freedom, threats against black life persist at the margins. While President Obama described the abuses of billy clubs and tear gas during the 1960s, he denied a connection to Ferguson, Missouri, where many of these tactics endure. While we were all invited to picture freedom through illustrations like Selma 2015, we were to look away from the mediation of murder, this time of Wisconsin teen, Tony Robinson.

I cannot deny the beauty of seeing a black president address civil rights activists at the site of transgression. I especially enjoy seeing the First Lady, her mother and growing daughters. But seeing the Obama family is different from viewing their existence as a representation of black freedom. National commemorations of the black freedom struggle, which ask us to hail the Commander-in-Chief as the fulfillment of our strivings, refuse the ways in which that struggle remains ever present. The tension between these motives animates every illustration of this kind.

The most popular depictions of free black people serve to bolster national narratives of U.S. race relations. In my book, Picture Freedom, I explore how people of African descent envisioned black autonomy in the context of slavery and among popular representations that were hostile to the idea of free black people. I consider complicated images that reveal the power and permanence of nineteenth century approaches to blackness. After them, I still enjoy pictures of black freedom, but now I wonder what they obscure.

Jasmine Nichole Cobb is an Assistant Professor of Communication Studies at Northwestern University and an American Fellow of the AAUW. She is the author of Picture Freedom: Remaking Black Visuality in the Early Nineteenth Century (NYU Press, 2015).

St. Patrick, St. Joseph and Irish-Italian harmony

—Paul Moses

[This post originally appeared in The Wall Street Journal.]

Right after Valentine’s Day, the front window of my Brooklyn home sprouts a field of cardboard shamrocks each year. A statue of St. Patrick appears on the bookshelf and a sign is posted on the back door: “If you’re lucky enough to be Irish, you’re lucky enough.”

moses-comp-finalThis is the work of my Irish-American wife in preparation for St. Patrick’s Day. As the Italian-American husband, I have in past years suggested equal attention to St. Joseph, a favorite saint of Italians. Nothing doing.

The proximity of St. Patrick’s Day on March 17 and the Feast of St. Joseph two days later leads to a good deal of teasing and ribbing every year between Catholics of Irish and Italian ancestry.

There is nothing extraordinary about this little bit of fun, unless one considers the bitterness that once marked relations between these two peoples. As impoverished Italians poured into New York and other major cities in the late 19th and early 20th centuries, the already established Irish became their mentors and tormentors—more so the latter, at first.

Much of the rivalry concerned jobs: Italian laborers were willing to work for less pay and longer hours than the Irish, and sometimes they were used to break strikes. Fights were so common between crews of Irish and Italian construction workers that the Brooklyn Eagle headlined a 1894 editorial: “Can’t They Be Separated?”

This bitterness spilled over into the Catholic parishes where the two peoples mingled with their very different forms of practicing the same religion.

The Italians “are so despised for their filth and beggary that in New York the Irish granted them free use of the basement of the Church of Transfiguration, so that they could gather for their religious practices, since the Irish did not want to have them in the upstairs church,” a Vatican agency noted in an 1887 report that singled out an Irish parish on Mott Street in what is now Manhattan’s Chinatown for maltreatment of Italian immigrants.

The pastor of Transfiguration Church responded through an article his brother wrote in a Catholic journal that said the Italian immigrants didn’t know even elementary Catholic doctrines. Nor were they so concerned about having to hold services in the church basement, it added, because “the Italians as a body are not humiliated by humiliation.”

These were, in turn, fighting words for a prominent Italian priest who wrote to his bishop in Italy: “I have proofs at hand—it would make your blood boil—to see how Italian priests have been treated by American pastors.”

Such exchanges continued for decades, with Irish churchmen trying to cope with the “Italian problem” and Italians complaining angrily to their bishops and the Vatican.

The Italian brand of Catholicism—with processions and raucous street celebrations in honor of patron saints—didn’t sit well with Irish-American prelates. They knew their Protestant opponents looked down on these customs as pagan-like superstitions. Michael Corrigan, a son of Irish immigrants who served as New York’s archbishop in the late 19th century, tried to bar the processions. The Italians ignored him, and took note of the fact that the Irish celebrated their own feast on St. Patrick’s Day.

This battle within the Catholic Church was fought in many big-city parishes well into the 20th century. No Italian-American headed a diocese in New York state until 1968, when Francis J. Mugavero was appointed bishop of Brooklyn.

And yet, as a diverse group of marchers steps up Fifth Avenue led by Cardinal Timothy Dolan in this year’s New York City St. Patrick’s Day Parade, it is worth noting that the Catholic parish played an important role in reconciling the Irish and Italians. In the years after World War II, people got to mingle and know each other in their parishes, especially in the suburbs and residential sections of the city.

Scholarly studies have shown that Italian-Americans who attended Catholic schools became more like the Irish in their practice of the Catholic faith.

As a result, as one 1960s study of New York Catholics found, Italian-Americans who went to Catholic schools and attended Mass regularly almost always wed spouses of Irish origin if they did not marry another Italian. That’s especially so for third-generation Italian-Americans, as I am on my mother’s side, a fact to which my Irish-American wife Maureen can attest.

In the early years of the 20th century, those who predicted large-scale Irish-Italian friendship and intermarriage were dismissed as impossibly optimistic. But the story of the Irish and Italians in America demonstrates that it is possible over time for serious divisions to be transformed into a matter of gentle teasing and ribbing between friends—if not husbands and wives.

Paul Moses teaches journalism at Brooklyn College/CUNY. His book An Unlikely Union: The Love-Hate Story of New York’s Irish and Italians will be published by NYU Press in July.

Race, ethnicity, and policing

Last year, the killings of unarmed black men by white police officers—the shooting of Michael Brown in Ferguson, Missouri and the chokehold death of Eric Garner in New York City—sparked massive protests and a politically-charged debate on race, policing, and the use of force that continues across the country today.

Here at NYU Press, we rounded up a few experts on the topic, including co-editors Stephen K. Rice and Michael D. White and contributors Amanda Geller, Matthew Hickman, Robert Kane, William Parkin, and Ronald Weitzer of Race, Ethnicity, and Policing: New and Essential Readings (NYU Press, 2010).

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Hands up, don’t shoot

One of the responses to the recent police-involved killings of unarmed black men has been a call for police departments to diversify. If police forces were more racially diverse, do you think this would alleviate tensions between police and communities?

MICHAEL WHITE: Racial diversity in a police department is important. The Commission on Accreditation of Law Enforcement Agencies (CALEA) recommends that a police department be representative of the community it serves. On conceptual and perceptual levels, the arguments favoring representativeness are persuasive. Representativeness can demonstrate to a minority community that their police department cares about their needs, interests and well-being. Perception matters a great deal in this regard. The conceptual arguments are equally compelling. Presumably, minority officers will have a better understanding of the cultural norms and beliefs of the residents in a minority neighborhood. Presumably, citizens will feel better about police officers who look and think like them; and who have an understanding of the issues in their community. Presumably, minority officers will be better able to manage difficult encounters with citizens of their own race, because of their more intimate understanding of the background, history and experiences of the people in those minority neighborhoods who may require police service. Though the empirical evidence supporting these perceptual and conceptual arguments is mixed, police departments should be racially and ethnically diverse.

AMANDA GELLER: Diversity among police officers can certainly help improve community relationships on some fronts – resolving linguistic challenges in immigrant communities, for example. To the extent that officers have personal ties to the communities they police, that can also help to establish and reinforce community trust. But diversity alone won’t alleviate tensions if the officers are behaving in ways that the community finds illegitimate. In order to alleviate police-community tensions, community members will need to believe that the police will deal with them in a constitutional way, and treat them with respect.

RONALD WEITZER: Racial diversification of police departments is endorsed by the vast majority of Americans. Some departments have made substantial progress in diversification, but many others are out of sync with the local population.Officers of different racial backgrounds generally behave similarly when they interact with members of the public. They are trained similarly and differ little in performing their duties. But because diversification is popular with the public, it can have intangible, symbolic benefits: helping to build trust and confidence in the police. A police department that reflects the composition of the local population can enhance its reputation and status among residents. A diverse police force can also help to decrease the sense that people are being stopped and questioned solely because of their race. In a majority-black city like Ferguson, where 50 of the 53 officers are white, it is not surprising that African Americans who are stopped might feel like they have been racially profiled.

ROBERT KANE: Diversity is crucial to achieve a well functioning police department. Indeed, as police departments diversify, they tend to become better “behaved” (that is, organizational rates of misconduct decline). To reap the full benefits of diversity, however, police agencies must open all ranks (e.g., detective, supervisory, command, administrative) to minority officers, so that minority officer influence doesn’t just come from the bottom-up, but also from the top-down in the form of policies, practices, and procedures. This shift in organizational culture can only occur if minority officers advance beyond line level ranks.

Amid the multitude of public protests across the country, what do you think is the appropriate role of the media? 

STEPHEN RICE: I’m feeling somewhat optimistic about how well the media’s been drawing on empirical evidence in framing their stories. Sure, there are still a multitude of media outlets that sing the ‘song of sexy’ anecdote, but there are also outlets that attempt to explain crime and criminal justice in serious ways. For example, in recent months, WNYC’s John Hockenberry has invited scholars to speak on a wide range of topics surrounding the issue, including Dennis Rosenbaum on police oversight and accountability, Jon Shane on police organizational culture, varied compelling experts on Ferguson, and George Kelling on broken windows. The next step will be to see how well practitioners such as police leadership work to better integrate empirical evidence into their operations. When corporate America came to realize that evangelizing products and services were key differentiators, they hired CEOs (Chief Evangelist Officers). Why not consider evangelism marketing in police departments by senior-level leaders whose principal task it is to explain how operations are informed by what we know, empirically, about crime and place, community policing, police legitimacy, and competing models of officer engagement?

WILLIAM PARKIN: One can talk about responsible journalism and its role in reporting on and framing the public protests. However, I prefer to put the onus on the public. The media, like most businesses, is driven by the need to supply a product that their audience will consume. It should be of no surprise, then, when media outlets produce sensationalized, polemic pieces that superficially discuss these issues. They present easy-to-understand, black-and-white interpretations of the perspectives of those who support or oppose the viewpoints of the protestors and law enforcement. These stories cater to their typical audience. There are, however, media outlets that provide thoughtful, balanced reporting that attempt to dissect the complicated issues that have brought the country to where it is, in relation to law enforcement, accountability, and the use of force. Instead of discussing the appropriate role of the media, I encourage the public to understand their role and to consume media that attempts to find a solution, not sensationalize the problem.

How would you propose police go about changing their image to that of an effective and legitimate agency of authority?

AMANDA GELLER: Public perceptions of the police are largely shaped by personal experience, and what’s known as “vicarious” experience – the experiences of friends and family, and what people witness in their communities. We also know that this legal socialization is shaped not only by whether people have been stopped by the police (or witness the stops of others in their communities), but also by what happens in these encounters. If people feel like they’ve been treated fairly – that they were stopped for a legitimate reason, treated with respect, given a chance to explain themselves – and if they feel that decisions were made through just procedures, these types of encounters can help to restore a sense of police legitimacy among community members.

To ensure accountability and transparency, how can police corruption be monitored or prevented?

MATTHEW HICKMAN: There are several levels of monitoring that need to be considered. First, we expect police departments themselves to provide some degree of internal oversight. Over time, there has been a steady trend toward emphasizing external oversight bodies as a compliment to internal review functions. There are many different models of civilian oversight, but all recognize that a greater role of civilians in oversight is fundamentally democratic and seeks to ensure some level of responsiveness to community concerns. Most important is the vigilance of community groups and organizations, such as local chapters of the American Civil Liberties Union. When all else fails, the U.S. Department of Justice has authority to pursue criminal action against officers and civil litigation against police departments that evidence behavior infringing on constitutional rights.

Given the attacks in Paris at Charlie Hebdo and the Hyper Cacher kosher market, some have argued that ethnic and faith-based profiling will rise in Europe and/or the United States. How do you feel we should frame profiling in a broader, global context?

STEPHEN RICE: No matter how strenuously one might feel that differential attention is warranted in neighborhoods or airports, a simple fact remains: profiling is fraught with error (Type 1 error, or false positives), a condition which fundamentally undermines public trust and its willingness to impart authorities with the power to exercise discretion. When one speaks of Muslim Americans—a group estimated at 2.5 million nationwide—perceptions of profiling is very serious business. Judgments people make about the fairness of their experiences condition views regarding the legitimacy of authority, and these views shape compliance with the law. In Europe, future perceived attacks on civil rights under the banner of assimilation (e.g., banning of the hijab) may come to be framed concomitant with a “war on terror,” hence as structured anti-Muslim discrimination. There is a critical relationship between interactions with agents of social control, the emotions that can manifest as a result of these interactions (e.g., anger, rage, humiliation), and an individual’s willingness to accept the legitimacy of authority.

WILLIAM PARKIN: As humans, we are forced to generalize, stereotype and make assumptions about people and places based on limited information. Most of us have few, if any, meaningful interactions on a daily basis with people of different races, ethnicities, cultures or religions. Therefore, when profiling based on race or religion is presented as an option for combating crime or terrorism, it seems like a practical solution to the majority (i.e., those not being profiled). A deeper analysis of the issue, however, leads to questions around whether profiling is a fair application of justice: Does it undermine the legitimacy of the criminal justice system? Could it actually alienate—or increase the risk presented by—these profiled groups? Does it even work? In many ways, it is like looking for a needle in a haystack where, to you, every piece of hay also looks like a needle. Law enforcement would be better served, both from an ethical and practical perspective, by implementing policies that encourage hiring minority candidates and strengthening and increasing positive dialogue with minority communities. Just as law enforcement officers should be judged by their individual behavior, not profiled because of the actions of a few, so should the public that they serve.

Some members of the public feel strongly that stop-question-and-frisk is an appropriate strategy for policing in the United States.  What are your opinions on this approach?  

ROBERT KANE: The original intent of “stop and frisk” was to allow police officers to pat-down the outer clothing of a suspect for weapons. The major problems with using stop-and-frisk as a crime detection strategy are, (1) officers usually don’t find contraband or weapons, and (2) stop-and-frisks are generally concentrated in the parts of town (or city) characterized by racially-concentrated structural disadvantage. Thus, the crime-reduction benefits seem greatly outweighed by the social costs: Mothers, aunts, grandmothers, and sisters grow tired of watching their men and boys being “put against the wall” whenever they leave their dwellings. As a consequence, aggressive stop-and-frisk strategies tend to erode public trust in the police, which ultimately leads to a lack of legitimacy. In the end, police departments would do themselves a lot of good if they simply remembered: A little coercion goes a long way; and in the most disenfranchised communities, too much coercion can backfire.

Do “body cams” worn by police officers offer a solution to ending police misconduct?

MICHAEL WHITE: Police officer body-worn cameras (BWCs) are not a silver bullet. But the technology can serve as an important tool in the larger package of accountability mechanisms that a department can put in place. Relatedly, the technology may serve as a solution to the split-second syndrome. Police-citizen encounters are transactional events, with each participant making decisions and responding to the decisions of the other participant. As a result, use of force by a police officer is the culmination of a series of earlier actions and reactions. However, review of force incidents traditionally ignores earlier stages of an encounter and focuses entirely on the final-frame decision. James Fyfe called this the split-second syndrome, and he argued that this narrow focus excuses unnecessary violence resulting from poor decisions made by officers at earlier stages of the encounter. BWCs represent an opportunity to overcome the split-second syndrome because the technology allows for a full review of all decisions made by the officer during an encounter, from start to finish.

MATTHEW HICKMAN: It’s still too early to tell. Many scholars and practitioners are referring to the Rialto study, which provided some of the first strong evidence about the positive benefits of body cameras, and there are studies going on in other cities, such as Phoenix and Los Angeles. But we need to be patient and wait for the evidence to accumulate from these studies before we start subsidizing the purchase of body cameras and changing policies. Recall what happened with the Minneapolis Domestic Violence Experiment: a lot of media attention and proselytizing about the deterrent effects of arrest, and then we started to see widespread policy changes toward mandatory arrest. Five subsequent replications of the Minneapolis DV experiment in other cities yielded a relatively mixed bag of results, with arrest having varied and weaker effects than in Minneapolis. Subsequent reanalysis has tended to confirm the deterrent effect of arrest. But let’s be careful not to put the cart before the horse with body cameras, and allow the evidence to accumulate. Patience!

Stephen K. Rice is Associate Professor in the Department of Criminal Justice at Seattle University and co-editor of Race, Ethnicity, and Policing: New and Essential Readings (NYU Press, 2010). Michael D. White is Associate Professor in the School of Criminology and Criminal Justice at Arizona State University. He is co-editor of Race, Ethnicity, and Policing: New and Essential Readings (NYU Press, 2010) and co-author of Jammed Up: Bad Cops, Police Misconduct, and the New York City Police Department (NYU Press, 2012). Amanda Geller is Clinical Associate Professor of Sociology at New York University. Matthew Hickman is Associate Professor of Criminal Justice at Seattle University. Robert Kane is Professor of Criminology and Justice Studies at Drexel University. He is the co-author of Jammed Up: Bad Cops, Police Misconduct, and the New York City Police Department (NYU Press, 2012). William Parkin is Assistant Professor of Criminal Justice at Seattle University. Ronald Weitzer is Professor of Sociology at George Washington University and author of Legalizing Prostitution: From Illicit Vice to Lawful Business (NYU Press, 2012).

Ayahuasca and the spiritual natives

—Brett Hendrickson 

What do Lindsay Lohan, Sting, and hundreds of Brooklyn hipsters have in common besides their glowing personalities? They all sing the praises of ayahuasca, a hallucinogenic and psychedelic brew that has long been used by indigenous Amazonian groups. Ayahuasca sends its consumers into throes of reverie and feelings of spiritual connectedness. It also causes bouts of vomiting, which users lift up as part of the cathartic experience—the “ayahuasca cleanse.”

North American and European spiritual tourists being treated by a Peruvian shaman.

In its original Amazonian context, ayahuasca use is an integral part of the trances that shamans enter to carry out powerful transactions between waking life and other levels of their reality. The impetus for most of these trance journeys and transactions is healing of one sort or another, whether this be physical recovery from illness or the restoration of ruptured social norms. Shaman specialists take the ayahuasca in order to enter the visionary realm wherein they can do the important work of re-establishing balance, harmony, and health for their patients and communities.

By the mid-twentieth century, anthropologists who studied ayahuasca-using South American tribes were trying the drug for themselves and bringing back stories of its psychedelic properties. Soon, the growing counter-culture was experimenting with ayahuasca and other psychotropic plants common in Central and South America like peyote cactus and psilocybin mushrooms. Adding significantly to these plants’ inherent hallucinogenic properties was the ostensible authenticity and simplicity of indigenous people’s wisdom and spirituality.

The last few years have witnessed a rise in the popularity of ayahuasca use both on ethno-tourist jaunts to Peru, Ecuador, and Brazil, and in spiritual salons dedicated to the drug in the United States. It has become especially trendy among creative types like musicians and writers and also with young urbanites who might self-identify as spiritual seekers. Like-minded people have taken advantage of online social networking to gather with shaman/entrepreneurs who provide not only the ayahuasca but also a guided tour into a commodified form of indigenous spirituality.

A recent story in the New York Times describes such a meet-up in Brooklyn that featured a Colombian shaman, cups of ayahuasca, barf buckets, candlelight, chanting, drumming, and a $150 price tag. Others are not content with this kind of dabbling and have taken the plunge to remote South America to learn to have even more authentic experiences and perhaps become shamans themselves. A recent profile of one such individual describes a young Jewish man from Williamsburg who made various trips to the Amazon and the Caribbean where he received a new name from indigenous masters: Turey Tekina (allegedly “Sky Singer” in Quechua). After many spiritual adventures and self-discoveries, he “returned to Brooklyn, and turned his apartment into a temple for [ayahuasca] ceremonies. He has a steady flow of regular and new clients, all who learn of him through word of mouth.”

The history of Anglo-Americans who have dabbled in—or even appropriated—the religious and traditional medicines of indigenous people is long but remarkably constant. In almost every case, the white seekers are looking for healing and wholeness, but almost always in a such a way that critiques the complications and coldness of “Western” life and/or its “institutional religion;” utterly romanticizes indigenous people as simple and pure sources of unadulterated ancient wisdom; and can be easily commodified and thus sold in packages with other alternative medicines or therapies.

The latest craze for ayahuasca’s visions and vomiting is one more item in what sociologist of religion Wade Clark Roof has called America’s “spiritual marketplace.” When this particular trend passes, no doubt another will take its place in this unique form of American religiosity that privileges the sacred wisdom of the natives, as long as we can have it when—and how—we want it.

Brett Hendrickson is Assistant Professor of Religious Studies at Lafayette College (PA). He is the author of Border Medicine: A Transcultural History of Mexican American Curanderismo (NYU Press, 2014).

The late trials of the Holocaust

—Frank Tuerkheimer and Michael Bazyler

Elizabeth Kolbert’s article in the February 16th issue of The New Yorker, “The Last Trial” is a wonderful summary of the belated and long overdue reaction of the German legal system to the atrocities committed by the Germans in implementing the plan to exterminate European Jewry. She correctly notes that with the Demjanjuk decision, the German legal establishment has now reached a final stage in its legal approach to Nazi criminality: anyone participating in the operation of a death camp is legally complicit in homicide, requiring no specific proof that the person killed or injured anyone.

This is not the first time such an approach has been taken to Second World War crimes committed by the Germans. When the U.S. War Department was preparing for the main Nuremberg trial before the International Military Tribunal in 1945, Colonel Murray Bernays brilliantly came up with a similar idea, eventually implemented in the Nuremberg Charter. The Bernays plan contemplated Nazi bodies to be charged as criminal organizations. If convicted, then in the future it would only be necessary to prove that an accused Nazi was a member of that organization; the degree of individual involvement would bear on the sentence meted out to the convicted member. The Allies charged and the International Military Tribunal in its 1946 judgment convicted the SS [Schutzstaffel, the Nazi party’s protection squad], the SD [Sicherheitsdienst, the Nazi’s security service] and the Gestapo as criminal organizations, adding the requirement that in a subsequent prosecution under the Bernays theory the prosecution would have to prove that the person was aware of the organization’s criminal activity – a relatively soft burden when it came to concentration camp administrators.

Bernays’ idea was implemented in subsequent Nuremberg trials conducted by the U.S. military, but never after that. Thus the envisioned extensive prosecution of the large number of persons complicit in German atrocities never took place. While the Germans did prosecute several cases involving the death camps – Treblinka, Sobibor, Chelmno, Belzec and Auschwitz – they applied the technical requirements of the German penal code, which required specific motivation for the crime of homicide to have occurred. This cramped the prosecutions significantly and resulted in many acquittals and very light sentences.

Now, seventy years after the Bernays’ vision of future prosecutions, the German legal system has adopted a similar approach. Seventy years, however, is a lethal gap, and it is unlikely that any still-living geriatric Nazi war criminals will be prosecuted to completion. Already, a number of Auschwitz guards have died while awaiting prosecution. Demjanjuk died in an old-age home while awaiting an appeal of his relatively light six-year sentence.

Ephraim Zuroff, the Simon Wiesenthal Center’s chief Nazi hunter, has quipped that he is the only Jew in the world who prays for the good health of Nazi war criminals. Given the passage of time, it is doubtful that his prayers will be answered.

Laudatory as the new German approach is, it is painful to think of all the Demjanjuks in the administration of the death camps who either were not prosecuted or who received light sentences. Kolbert’s reference to Martin Luther King’s lament that justice may come too late is apt and sobering.

Frank Tuerkheimer is Professor of Law Emeritus at the University of Wisconsin School of Law. Michael Bazyler is Professor of Law and the 1939 Society Scholar in Holocaust and Human Rights Studies at the Dale E. Fowler School of Law, Chapman University. They are co-authors of Forgotten Trials of the Holocaust (NYU Press 2014).

What lies beneath the Chapel Hill murders? More than a ‘parking dispute’

—Nadine Naber

We may never know exactly what Craig Stephen Hicks was thinking when he killed Syrian American medical student Deah Barakat, his Palestinian American wife Yusor Abu-Salha, and her sister Razan Abu-Salha. But we do know that U.S.-led war in Arab and Muslim majority countries has normalized the killing of Arabs and Muslims. It is more crucial than ever before to understand the institutionalization of racism against persons perceived to be Arab or Muslim in terms of the structures of imperial war that normalize killing and death and hold no one (other than victims themselves) accountable.

Photo: Molly Riley/UPI.

The Obama Administration may have dropped the language of the “war on terror,” but it has continued its fundamental strategy of endless war and killing in the Arab region and Muslim majority countries such as Afghanistan and Pakistan (without evidence of criminal activity). The unconstitutional “kill list” for instance, allows the president to authorize murders every week, waging a private war on individuals outside the authorization of congress. Strategies like the “kill list” resolve the guilt or innocent of list members in secret and replace the judicial process (including cases involving U.S. citizens abroad) with quick and expedited killing. These and related practices, and their accompanying impunity, look something like this:

Al Ishaqi massacre, Iraq 2006: The U.S. army rounded up and shot at least 10 civilians including 4 women and 5 children. The Iraqis were handcuffed and shot in the head execution style. The U.S. spokesperson’s response? “Military personnel followed proper procedures and rules of engagement and did nothing wrong.”

Drone attack, Yemen 2015: A drone killed 13-year old Mohammad Tuaiman (whose father was killed in a 2011 drone strike), his brother, and a third man. Questioned about the incident, the CIA stated that “the 3 men were believed to be Al Qaeda” even though the CIA refused to confirm that he was an Al Qaida militant.

The U.S.-backed Israeli killing of Palestinians reinforces the acceptability of Arab and Muslim death. In July 2014, the Israeli Defense Force killed at least 2,000 Palestinians including 500 children. It is well established that the IDF soldiers deliberately targeted civilians. The Obama Administration’s response? Explicit support for Israel.

And those left behind are forced to watch their loved ones’ bodies fall to the ground or burn like charcoal and can only conclude that, “In [the U.S. government’s] eyes, we don’t deserve to live like people in the rest of the world and we don’t have feelings or emotions or cry or feel pain like all the other humans around the world.”

Since the 1970s (when the U.S. consolidated its alliance with Israel), the corporate news media has reinforced the acceptability of Arab and Muslim death—from one-sided reporting to fostering fear of Arabs and Muslims. From Black Sunday (1977) to American Sniper (2015), Hollywood has sent one uninterrupted message: Arabs and Muslims are savage, misogynist terrorists; their lives have no value; and they deserve to die.

This interplay between the U.S. war agenda abroad and the U.S. corporate media extends directly into the lives of persons perceived to be Arab and/or Muslim in the United States. Hate crimes, firebomb attacks, bomb threats, vandalism, detention and deportation without evidence of criminal activity and more have all been well documented. Of course, such incidents escalated in the aftermath of the horrific attacks of 9/11. As the U.S. state and media beat the drums of war, anyone perceived to be Arab and/or Muslim (including Sikhs, Christian Arabs, and Arab Jews) became suspect. Muslim women who wore the headscarf became walking emblems of the state and media discourse of Islamic terrorism. Across the United States, at school, on the bus, at work, and on the streets, women wearing the headscarf have been bullied, have had their scarves torn off, and have been asked over and over why they support Al Qaeda, Saddam Hussein, terrorism, and the oppression of women.

Despite this, the corporate media (replicating the words of the police) and government officials have either reduced the North Carolina killings to a parking dispute or expressed grave confusion over why an angry white man would kill three Arab Muslim students in North Carolina execution-style. Yet the father of one of the women students stated that his son-in law did not have any trouble with Hicks when he lived there alone. The trouble, he said, started only after Yusor, who wore a headscarf identifying her as a Muslim, moved in. Even so, Chapel Hill Mayor Mark Kleinschmidt told CNN that the community is still “struggling to understand what could have motivated Mr. Hicks to commit this crime,” adding, “It just baffles us.”

The “parking dispute” defense individualizes and exceptionalizes Hicks’ crime—in this case, through a logic that obscures the connection between whiteness, Islamophobia, and racism. And the bafflement rhetoric constructs a reality in which there are no conceivable conditions that could have potentially provoked Hicks. Both approaches deny the possible links between the killings, U.S. and Israeli military killings, the media that supports them, and the U.S. culture of militarized violence. They will also assist Hicks in attempting to avoid the more serious hate crime charge that would come with a heavy additional sentence.

Alternately, discussions insisting on the significance of Islamophobia in this case must go beyond the call for religious tolerance and account for the projects of U.S. empire building and war that underlie Islamophobia. Contemporary Islamophobia is a form of racism and an extension of U.S.-led war abroad. As I wrote in Arab America, immigrant communities from the regions of U.S.-led war engage with U.S. racial structures, specifically anti-Arab and anti-Muslim racism, as diasporas of empire—subjects of the U.S. empire living in the empire itself. Perhaps then, we should also avoid applying the same analysis of racism across the board—as if all racisms are the same or as if the framework #blacklivesmatter can simply be transposed onto the killing of Arab Muslim Americans. Otherwise, we risk disremembering the distinct conditions of black struggle (and black Muslims) including the systematic state-sanctioned extrajudicial killing of black people by police and vigilantes as well as black poverty, and histories of slavery and mass incarceration. It is also important to remember the distinct conditions of the war on terror whereby anyone and everyone perceived be Muslim (including Arab Christians and Sikhs) are potential targets.

Rest in peace and power Deah Barakat, Yusor Abu-Salha, and Razan Abu-Salha. May your loved ones find strength and support. My heart is shattered.

Nadine Naber is Associate Professor in the Gender and Women’s Studies Program at the University of Illinois at Chicago. She is the author of Arab America: Gender, Cultural Politics, and Activism (NYU Press, 2012). 

Beyond intent: Why we need a new paradigm to think about racialized violence

—Evelyn Alsultany

Three Muslim Americans – Deah Shaddy Barakat, 23; his wife, Yusor Mohammad, 21; and her sister, Razan Mohammad Abu-Salha, 19 – were murdered last week in Chapel Hill, North Carolina by 46-year-old resident Craig Stephen Hicks. The tragedy has sparked a debate over whether or not these deaths were the result of a hate crime or a parking dispute.

Women take part in a vigil for three young Muslims killed in Chapel Hill, North Carolina. Photo: Mandel Ngan/AFP/Getty Images.

Muslim Americans who claimed that this was surely a hate crime were presented with evidence to the contrary. Hicks’s Facebook and other online posts revealed that he is an atheist who is against all religion, regardless of whether it is Islam, Christianity, or Judaism, a gun enthusiast, and an advocate for gay rights. His online posts show that he is passionate about the protection of constitutional rights, especially freedom of speech and freedom of religion. His archived posts even include commentary on the “Ground Zero mosque” controversy, in which he writes in support of Muslim rights and notes the important distinction between Muslims and Muslim extremists. His wife has insisted that the murders were the result of a parking dispute, and not a hate crime. As a result, Hicks has been portrayed as not hating Muslims.

This profile of Hicks is indeed complex. He does not fit the conventional profile of a “racist” – i.e., someone who believes that all Muslims are a threat to America; who clings to essentialist and binary notions of identities; who espouses that certain groups of people do not deserve human rights; who practices intentional bigotry; who is firmly rooted in a logic that justifies inequality. I am reluctant to use the term “racist” since it conjures an image of someone who participates in blatant and intentional forms of hate. However, what this case shows us is that we need a new paradigm to understand racialized violence today. Yes, this case is complex, but that does not mean it is not a hate crime. It is complex because it does not fit the narrow way in which we have defined a hate crime.

Posing an either/or option – either this is or is not a hate crime – does not help us understand what transpired. Racism is not an either/or phenomenon. It is deeply embedded in our society and, when left unchecked, has the potential to inform our perceptions and actions in ways not captured by a caricatured understanding of its diverse forms. Racism is not always conscious or intentional. It exists across a vast spectrum of consciousness and intentionality.  As part of our subconscious, racism can manifest in the form of microaggressions that are often unintentional and sometimes even well-meaning. On the more dangerous side of the spectrum, it manifests in violence. We need to break the association of racism with intent because racism endures without it.

Our current cultural paradigm often makes a simplistic equation: Good people are well-intentioned and are therefore not racist; bad people are ill-intentioned and are therefore racist. Consequently, if the white police officers who killed Michael Brown and Eric Gardner are considered “good people” by their friends, families, and colleagues, their actions cannot be deemed racist. Such a conclusion focuses solely on intent and overlooks how members of the police – like all of us – have been shaped and influenced by notions of black men as threatening and how such cultural imagery has, in turn, structured racialized violence.

The point is not that Craig Hicks is any more or any less racist than the white police officers who murdered Michael Brown, Eric Garner, and other black men. Indeed, the question of their individual, consciously expressed or felt racism does not help us to understand what happened or how to prevent it in the future; it just provokes denial and defensiveness. Conversely, claiming that we are “post-race” and/or denying that a particular incident has anything to do with race does not help us solve the problem of racialized violence.

The point is not whether Craig Hicks is any more or less racist than any of us; the point is that Craig Hicks lives and his victims died in a society that is structured by deeply institutionalized and culturally pervasive racism that exists regardless of whether any individual “wants” it to or not, and regardless of whether we as a society want to acknowledge it or not. We need a new paradigm, a new language and framework, to understand racialized violence today. Hicks’ profile provides an opportunity to challenge ourselves to rethink our understanding of racism and hate crimes in order to prevent murder.

Evelyn Alsultany is Associate Professor in the Program in American Culture at the University of Michigan. She is the author of Arabs and Muslims in the Media: Race and Representation after 9/11 (NYU Press, 2012).

#MuslimLivesMatter, #BlackLivesMatter, and the fight against violent extremism

—Zareena Grewal

On Tuesday February 10, 2015, Craig Stephen Hicks, 46, was charged with first-degree murder of three Arab, Muslim college students in Chapel Hill, North Carolina.

Photo: http://twitter.com/samahahmeed.

Hicks’ neighbors, Deah Shaddy Barakat, 23, and Yusor Mohammad, 21, were newlyweds—and Razan Mohammad Abu-Salha, 19, was visiting her older sister and brother-in-law at the time of the execution-style killing. After the mainstream US media’s initial silence, the homicide is now referred to as “a shooting,” sparking worldwide Twitter hashtag campaigns such as #CallItTerrorism and #MuslimLivesMatter with many speculating on how the crime might have been framed had the perpetrator been Muslim and the victims white.

The motives of Hicks, who turned himself in to police, are the source of heated debate and speculation. According to his Facebook profile, Hicks describes himself as an anti-theist, a fan of the controversial film American Sniper and atheist polemicist Richard Dawkins, and a proud gun-owner. The Chapel Hill Police Department described the crime as motivated by an on-going dispute between the neighbors over parking, while the father of the two young women insists it was a “hate-crime.” Chief Chris Blue recognizes and continues to investigate “the possibility that this was hate-motivated.”

Such language suggests that while Hicks’ violence is exceptional and excessive, his motivations could have been ordinary and benign: maybe he was there first, maybe he had dibs on that parking spot, maybe he had a bad day or a bad life and so he had a mental breakdown with a gun in hand. After all, while this murder is devastating to the family and friends of the victims, for many of us, it is not shocking. We know and expect “lone shooters” to be white, heterosexual men; we know and expect their victims to be men of color, women, youth.

But it is American Muslim leaders who will gather in DC for the Obama administration’s “Countering Violent Extremism Summit” in a few days.

Individualizing the violence of white American men into “lone wolves” conceals the regularity of such violence and the state’s inability to prevent it, to make us “secure,” even to name it. This is one of the searing lessons of the #BlackLivesMatter movement; George Zimmerman’s sense of insecurity was used to justify his murder of an unarmed, black teenager, Trayvon Martin. As the #BlackLivesMatter movement demonstrates, Zimmerman was part and parcel of a larger phenomenon of racial, homicidal violence against unarmed blacks enacted in tandem by ordinary white citizens “standing their ground” and militarized police forces.

A significant number of blacks in the US are also Muslim and, therefore, vulnerable to being brutalized and murdered simply because they are black. Despite the fact that black youth are more than four times likely than any other group to be gunned down by police, critics of #BlackLivesMatter continue to ignore this harsh reality, insisting that #AllLivesMatter.

Clearly, all lives do not matter to everyone. The #BlackLivesMatter movement brings our attention to the fact that violence in the name of white supremacy only horrifies and terrifies some of us.

Disingenuous claims about how all lives matter or how parking is frustrating hide the insidious influence of racism. In my book, Islam is a Foreign Country, I explore how American Muslim communities grapple with the pervasive, racial hatred of their religion. This morning a Pakistani friend asked whether she will now have to explain to her young children that some people hate them just for being Muslim. African American Muslims know all too well that the question is not whether but when to teach their children that they are vulnerable. Hicks’ victim knew it too; she saw it in his eyes, telling her father, “He hates us for what we are and how we look.”

Zareena Grewal is Associate Professor of American Studies and Religious Studies at Yale University. She is the author of Islam is a Foreign Country: American Muslims and the Global Crisis of Authority (NYU Press, 2015).