Using force against pro-Palestine student protests in US could be unlawful: Human rights groups

LONDON: Human rights organizations have urged higher education institutions across the US to “respect and protect the right to protest in support of Palestinian rights.”

Large numbers of students across America have held ongoing protests at their places of learning over the past year to call for an end to Israel’s war in Gaza — with some being broken up forcibly by local police departments at the behest of their schools.

In an open letter, Human Rights Watch, Amnesty International and the American Civil Liberties Union suggested that university and college administrations calling in police to break up demonstrations could be unlawful, and that they should not suppress student protests.

Amnesty said its researchers had identified at least 174 photos, videos and social media posts showing potential examples of excessive police force against protesters on campuses.

It added that at least 17 universities were identified where chemicals were used on students, including pepper spray, and 11 campuses where police used non-lethal kinetic projectiles such as rubber bullets.

“Universities are responsible for protecting both physical safety and free expression on campus,” said Jamil Dakwar, director at the ACLU’s Human Rights Program. 

“It’s deeply concerning to see universities needlessly expose students to police violence for peacefully expressing their political opinions. 

“We’re urging schools once again to exercise restraint, practice de-escalation, and protect free speech and dissent on campus.”

The use of force against protesters on US campuses has led to numerous injuries, many of them severe.

HRW detailed “injuries such as bleeding puncture wounds, head injuries, broken teeth, and suspected broken bones,” singling out the University of California Los Angeles, Columbia University and City College of New York as having witnessed the most egregious cases.

Amnesty’s Digital Verification Corps said at least half of the injuries it had identified via social media appeared to have been caused by exposure to chemical irritants.

Justin Mazzola, researcher with Amnesty International USA, said: “The information we have gathered on excessive use of force against student protesters is extremely worrisome and we are still in the beginning of our investigation. 

“With the continuation of the Israeli military’s assault on Gaza and the risk of US complicity through the sending of weapons, campus protests in favor of stopping the violence and destruction will continue.

“Universities have a responsibility to protect academic freedom and the rights to freedom of expression, and to peacefully protest, and we will be watching to ensure they do.”

Police responses to campus protests in the US have also been criticized by other bodies and individuals of note, including the Inter-American Commission on Human Rights, UN High Commissioner for Human Rights Volker Turk, and the UN special rapporteur on the right to education, Farida Shaheed.

HRW, Amnesty and the ACLU made clear that even on private college campuses where freedom of speech in relation to protesting the war in Gaza is not protected under the First Amendment of the US Constitution, international law still insists upon freedom of peaceful assembly.

They added that American higher education institutions should take steps to facilitate free dialogue and “fulfill their human rights responsibilities” to their students, regardless of their ideological persuasion. A full report, the three organizations said, will be published later this year.

“Instead of resorting to police action that both shuts down free speech and heightens the risk of injuries, universities need to do more to protect student speech from violence and intimidation, and actively ensure that peaceful student expression continues without interference,” said Tanya Greene, HRW’s US program director.