German Policing

The national discussion on U.S. policing has me thinking about my semester seminar with Leipzig University, where we worked with German law students to do a comparative analysis on each country’s approach to certain policies and legal issues. I’ve also been to Germany a few times and seen firsthand how police operate and are regarded.

Like so much else in Germany, law enforcement is heavily shaped by the past. As in every authoritarian state, the police were a key instrument of Nazi oppression. Cops spied on and arrested political enemies, deported Jews, guarded ghettos, and helped kill more than a million people on the eastern front.

Ironically, some of the postwar reforms of German policing was also influenced by the Allies, including the United States. Since Germany is a federal constitutional republic much like our own, and relatively large and diverse, it offers a fairly good point of comparison. Here are some key points:

➡️ There is no German FBI. Law enforcement is handled at the state level but with similar national standards The closest equivalent—the delightfully named Office for the Protection of the Constitution—cannot make arrests, has limited surveillance powers, and all its actions can be challenged in court or by any German citizen. It is also banned from exchanging information with police except through a dedicated counterterrorism forum.

➡️ Before they even start, police applicants must pass personality and intelligence tests. Cops usually endure up to two and a half years of training, whereas U.S. training can vary wildly from 11 weeks to eight months (the latter being the average). In addition to weapons training, German police are required to visit a concentration camp; take classes in law, ethics, and police history; and learn techniques in deescalation and nonlethal force.

➡️ German police officers do not handle minor infractions like parking tickets nor respond to calls about noise and the like. Non-emergencies are handled by unarmed but uniformed city employees. (This was an idea of the Allies, who wanted to “demilitarize and civilize police matters”.)

➡️ Controversially, German police have what is known as a “monopoly of force”. Gun ownership in Germany is low—with about 5.5 million private firearms, mostly for hunting and sport—and shootings are thus rare. Fewer guns on the streets means officers feel less threatened and are less likely to pull out their weapons or respond with force. Moreover, violence is generally frowned upon in German society; the head of Berlin’s police forced noted that “even drawing a gun can lead to a police officer requesting psychological support.”

➡️ Regardless of the reasons, the use of weapons, let alone fatal police shootings, is rare in Germany. In 2011, German police fired only 85 bullets in total; in the U.S., 84 shots were fired at just one murder suspect in NYC. In 2018, German police fatally shot 11 people and injured 34; in the U.S., with a population four times Germany’s, over 100 times as many people (1,098) were killed by police. One state alone, Minnesota, saw 13 fatal shootings—two more than all Germany (with 88 million people versus Minnesota’s 5.6 million).

➡️ Of course, German law enforcement, like any human institution, is not perfect. Some have questioned whether the country’s approach is too passive, especially in the face of terrorism and political violence. There have been plenty of scandals concerning excessive violence, particularly towards immigrants; hence the country recently had the biggest protests regarding racism outside the U.S.

As one German police academy instructor advised, the most important lesson is that institutions like the police cannot change unless a society’s values change with it. “The police are a mirror of society. You cannot turn the police upside down and leave society as it is”.

Germany Commences the First Yazidi Genocide Trial

It is fitting that Germany should lead the way in prosecuting and trying alleged perpetrators of the horrific genocide against the Yazidis in Iraq. According to Just Security:

On April 24, 2020, six years after the Islamic State (IS) began persecuting and exterminating the Yazidi, the first ever trial addressing genocide against the religious minority will commence in Frankfurt am Main. In this case, as in the first case addressing state torture in Syria against two former Syrian intelligence officers whose trial started in Koblenz today, the complications of prosecuting mass crimes in third states collide with the long-awaited hope for accountability.

Iraqi national Taha Al J. is accused of having trafficked human beings for the purpose of labor exploitation and having cruelly killed a person as a member of IS. The suspect is charged under the Code of Crimes Against International Law (CCAIL) – the 2002 implementation of the Rome Statute into German criminal law – for acts of genocide, crimes against humanity, and war crimes.

The article gets into the grim details of the charges, but suffice it to say that they are deeply disturbing. The brutal campaign against the Yazidis has claimed thousands of lives, forced tens of thousands more from their ancient homeland, and has left an estimate 3,200 women and girls in sexual slavery. Even with Islamic State on the retreat, justice for the Yazidis and other victims remains elusive—hopefully not for long.

It is a testament to Germany’s commitment to international justice that it has implemented the principle of universal jurisdiction, in which a country or international organization (such as an international court), claims criminal jurisdiction over someone regardless of where the crime occured and whether the individual has any relationship. The idea is that some crimes are so serious, such as genocide or crimes against humanity, that they are inherently international in nature—they harm humanity as a whole and should not be tolerated.

As Just Security notes, the trial is remarkable for several reasons. Aside from being the first to address the crimes against the Yazidis, it is also the first trial to take place under universal jurisdiction, and to charge the crime of genocide under the CCAIL, which was enacted 18 years ago. Here’s hoping it isn’t the last.

The Three Arrows

The Three Arrows is the symbol of the Social Democratic Party of Germany during its resistance to Nazism in the 1930s. It reflected the party’s opposition to totalitarianism in all forms, namely reactionary conservatism (represented by monarchism), fascism, and communism.

Below is an official election poster from the 1932 parliamentary election urging voters to choose the SDP. Its slogan, “Against Papen, Hitler, Thälmann”, would prove prescient: Papen was an aristocratic nationalist who helped bring Hitler to power, and became an ally and official of the Nazi regime; Thälmann was committed Stalinist and head of the German Communist Party, which since 1928 was largely controlled and funded by the Soviet Union.

Of course, we all know how this election ultimately turned out: Though the Nazi Party lost 34 seats, it nonetheless remained a major force in government, eventually seizing power just months later. (By the time the next elections took place in March 1933, there was already widespread repression and vote-rigging).

But even after the Nazis consolidated power and began openly terrorizing their opponents, the SDP and its allies did not give up. The party joined with liberals, unionists, and other anti-fascist and anti-communist groups to form the Iron Front, a militant organization that brought the fight to the increasingly violent paramilitary groups of the Nazi and Communist parties. The Three Arrows remained a symbol of this movement and was often worn as an armband; it typically accompanied the slogan, “neither Stalin’s slaves nor Hitler’s henchmen”.

For its part, the SDP was the only party to vote against the Enabling Act of 1933, which gave Hitler the dictatorial powers that allowed the Nazis to secure control over the country. The party was thereafter banned, and along with communists and other leftists, saw many of its members imprisoned or killed. After the war, it was reestablished in West Germany, but forced to merge with the ruling Communist Party of East Germany. It remains one of Germany’s major parties.

I’m Going to Leipzig!

I am ecstatic to announce that I and nine wonderful peers were accepted into the Leipzig-Miami Exchange Program for this spring, which brings together students from UM Law and Leipzig University in Germany to collaborate on various topics relating to law and policy. The goal of the program is to learn about each other’s legal systems, exchange ideas, and develop a mutual understanding of our points of views. As an intellectual powerhouse, a central player in European and global affairs, and one of the world’s most robust democracies, Germany is a natural partner in this endeavor. (It is also a fellow federal republic with very strong civil liberties and constitutional protections, given its efforts to move past its history.)

I will be partnering with a German law student to work on a presentation about restorative justice, which is an exciting and promising frontier in criminal justice, rehabilitation, and conflict resolution (hence why it was my top choice, though they were all good). We will incorporate the perspectives and approaches of our respective nations, and hopefully enhance our countries’ knowledge and methodology of restorative justice. I also get to hang out with the German student when they visit this January, then work on a second topic with another German student in May, when I will visit the hidden gem of Leipzig, Germany for a few days.

As someone with aspirations in international law, it goes without saying that I am immensely excited and grateful for the opportunity to develop skills in cross-cultural collaboration, which will help me grow personally and professionally. And as many of you know, I am always eager to get to know people and perspectives from other cultures.

Founded in 1409, the University of Leipzig is one of the oldest universities in the world and the second oldest in Germany. Nine Nobel Prize winners are associated with the university, and its alumni include such eminent thinks as Leibniz, a polymath who made major contributions to math, philosophy, and science; Goethe, widely regarded as one of history’s greatest poets and writers; Leopold von Ranke, considered one of the fathers of the study of history; composers Richard Schumann and Robert Wagner; Tycho Brahe, a Danish astronomer who greatly advanced the study of space; Fredrich Nietzsche, among the greatest influences in modern philosophy; and Angela Merkel, Germany’s current and first female chancellor.

Given its 600 years as an intellectual hub, it is unsurprising that Leipzig played a key role in bringing down the East German regime, initiating a series of spontaneous mass protests that were among the first and most prominent in the country’s history, catalyzing other cities to do the same. Since reunification, Leipzig has become one of Germany’s fastest growing and most dynamic cities, being rated one of the places in the country to live.

Needless to say, I cannot wait to visit such an amazing university and city and broaden my horizons!

Photos courtesy of Wikimedia.

Germany: The World’s Most Liked Country

According to the latest Nation Brands Index (NBI) published last December, Germany has the best “brand image” of 50 surveyed countries, unseating the previous titleholder, the United States. As reported in DW:

The Nation Brands Index (NBI) survey, carried out by German-based market research firm GfK and the British political consultant Simon Anholt, measured public opinion around the world on “the power and quality of each country’s ‘brand image.'”

Germany moved up to first place after coming in second in 2016. The US dropped from top to sixth, with France, Britain, Canada and Japan taking spots two to five.

The study calculated the final NBI score by researching how well people viewed a country across six categories: its people, governance, exports, tourism, investment and immigration, and culture and heritage.

The land of sausages, Merkel and “Made in Germany” was in the top five in all but one category. Only in “tourism” did Germany fall outside the top five, coming in 10th.

German Foreign Minister Sigmar Gabriel welcomed the results, saying: “Germany’s image no longer rests on our economic strength. People think we’re capable of much in the world.”

Germany’s overall score improved partly because of better perceptions among Egyptians, Russians, Chinese and Italians. This suggests the country has widespread appeal for its various achievements in areas like governance, economic growth, and quality of life — all the things most governments would want to emulate.

Coming in behind Germany is France, which has also seen its star rise precipitously, climbing three places since last year. This is due mostly to better performance in “governance” and “investment / immigration”, which in turn reflects the high-profile effort of its new president to make the country more economically competitive and attractive. (Perhaps unsurprisingly, France remained No. 1 in culture.)

The United Kingdom remained steady at third place, dispelling fears that Brexit would cause a significant dint to its image. Its firm position reflects the continued potency of its culture, heritage, and diplomatic influence.

Canada and Japan both tied at fourth place, each performing well in governance, culture, and immigration / investment. (Notice a pattern here?) The U.S. dropped to sixth place, a respectable yet greatly diminished position. The reasons aren’t difficult to glean:

Foreigners’ views of the US worsened considerably compared to 2016, particularly in the category “governance,” where it slipped from spot 19 to spot 23.

The “Trump effect” explains the fall, according to Anholt.

“The loss of the US’s image in the governance category is indicative of the Trump effect, which was triggered by President Trump’s policies and his ‘America First’ message,” he said.

Americans themselves nevertheless viewed their country more positively than in 2016.

What are your thoughts about these results?

The Countries With the Most Positive Global Influence

According to a recent poll by Ipsos MORI, a market research groupCanada is seen as having the most positive impact in the world, followed by Australia, Germany, France, and the United Kingdom.  The study involved around 18,000 respondents from 25 nations, including those subject to the poll.

 

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Only 40% of respondents think the U.S. has a positive global influence, down by 24 points since last year’s survey (which had asked which country would have a positive influence in the next decade).

Note that this less than emerging powers China and India (at 49% and 53% respectively) and not that far ahead of Russia (35%).

Respondents from almost every country that was polled had a worse view of U.S. influence than the previous year; Argentina, Belgium, Spain, and South Korea saw some of the biggest drops, by over 30 percentage points. Only New Zealand and Serbia were unchanged in their (already) fairly low opinion.

India, Brazil, Poland, and South Africa retained highest approval rating for the U.S., being the only countries (besides the U.S. itself) where more than half of respondents had a favorable view (even if it was less than last year).

Interestingly, China saw the lowest dip from 2016, at just 3%, with close to half its respondents holding a good view of American influence.

The poll also included international organizations, which are playing an increasingly visible and decisive role in our globalized era.

 

Continue reading

Germany’s Uniquely Moral Army

The German military, the Bundeswehr  (“Federal Defence”) is officially forbidden to do anything other than defend the country (although there is some limited participation in humanitarian and NATO coalition missions, wherein they usually operate under incredibly strict rules of engagement).

But beyond this constraint — which in theory are is shared by many counterparts across the world that otherwise circumvent them — Germany’s armed forces are exceptional in one incredible way: it prohibits “unconditional obedience” and requires soldiers of any rank to disobey an order if it violates human rights or “denies human dignity”. German troops are trained in the practice of Innere Führung (roughly translatable to “inner guidance” or “inner leadership”) in which the final decision-making process should be the “conscience of each individual” as informed by historical, political, and ethical education provided by the military. Continue reading

The Good Germans

On this day in 1943, the main members of the nonviolent White Rose resistance movement were arrested and later executed by the Nazi government. In recognition of these and other tragically unacknowledged “Good Germans”, Foreign Affairs re-posted a 2014 review by Peter Hoffmann of the book, No Ordinary Men: Dietrich Bonhoeffer and Hans von Dohnanyi, Resisters Against Hitler in Church and State, by Elizabeth Sifton and Fritz Stern.

The book focuses on two even more obscure yet prominent German resistance figures, a Lutheran theologian and pastor, Dietrich Bonhoeffer, and his brother-in-law, jurist and judge Hans von Dohnanyi. In addition to telling the harrowing stories of these brave men, the book provides an in-depth look into Germany’s little-known anti-Nazi underground., which was overwhelmingly motivated, at least in large part, by moral objection to the mass murder of Jews (other, usually secondary, reasons included the suppression of civil liberties, the callous disregard for German soldiers serving on the Eastern Front, and the barbaric treatment of Soviet POWs). Continue reading

Parenting German Style

Well, more specifically, Berlin-style. TIME offers a glimpse at how parents in the cosmopolitan capital of one of the world’s most progressive countries treat their children. I know there is no shortage of pieces exploring the wide variety of parenting styles in the world, but this one seems well worth considering.

Don’t push reading. Berlin’s kindergartens or “kitas” don’t emphasize academics. In fact, teachers and other parents discouraged me from teaching my children to read. I was told it was something special the kids learn together when they start grade school. Kindergarten was a time for play and social learning. But even in first grade, academics aren’t pushed very hard. Our grade school provides a half-day of instruction interrupted by two (two!) outdoor recesses. But don’t think this relaxed approach means a poor education: According to a 2012 assessment by the Organization for Economic Co-operation and Development, German 15-year-olds perform well above the international average when it comes to reading, math and science while their more pressured American counterparts lag behind.

Encourage kids to play with fire. A note came home from school along with my excited second grader. They were doing a project on fire. Would I let her light candles and perform experiments with matches? Together we lit candles and burned things, safely. It was brilliant. Still, she was the only kid whose parent didn’t allow her to shoot off heavy duty fireworks on New Year’s Eve.

Let children go almost everywhere alone. Most grade school kids walk without their parents to school and around their neighborhoods. Some even take the subway alone. German parents are concerned about safety, of course, but they usually focus on traffic, not abductions.

The facts seem to be on the Germans’ side. Stranger abductions are extremely rare; there were only 115 a year in all of America, according to the most recent U.S. Department of Justice study. And walking around without parental supervision, or “independent mobility” as the researchers call it, is good for kids.

Party when school starts. One of my Berlin friends once told me that the three biggest life events are Einschulung (starting first grade), Jugendweihe (becoming a young adult) and getting married.

In Berlin, Einschulung is a huge celebration at the school—on a Saturday!—that includes getting a Zuckertute—a giant child-sized cone filled with everything from pencils to watches to candy. Then there’s another party afterwards with your family and friends. Einschulung is something children look forward to for years. It signals a major life change, and hopefully, an enthusiasm for learning.

Jugendweihe happens when a child turns 14. It involves a similar ceremony, party, and gifts, marking the next stage of growing up. With all the negativity heaped on adolescents, there’s something to be said for this way of celebrating young adulthood.

Take the kids outside everyday. According to a German saying “there is no such thing as bad weather, only unsuitable clothing”. The value of outside time is promoted in the schools, hence the “garten” in Kindergarten. It’s also obvious on Berlin’s numerous playgrounds. No matter how cold and grey it gets, and in Berlin it gets pretty cold, parents still bundle their kids up and take them to the park, or send them out on their own.

So basically, Berliners cultivate a lot of freedom and independence in their children, while also allowing them to have a lot more unbridled fun in their youth; even their institutions and infrastructure are geared towards this approach. This seems to be the right way to raise a child, especially as it makes the most out of these relatively easy and innocent — and formative — years.

What are your thoughts?

Germany, The World’s Moral Leader

The Economist observes how the refugee crisis has highlighted the German nation’s exemplary moral leadership, starting with this poignant statistic:

Whereas most nations struggle to accept even a handful of refugees, the Germans seem broadly enthusiastic about the idea, owing in part to their history. Continue reading