citizen arrest
PHIL WILMOT via Beautiful Trouble
“Laws are spider webs through which the big flies pass and the little ones get caught”—Honoré de Balzac
A citizen’s arrest is a type of direct action in which people place someone they deem a criminal under arrest. This “arrest” can be physical (surrounding the car of an escaping corrupt official until the police arrive to arrest him for real), symbolic (handing a DIY arrest “warrant” to a CEO whose lobbying efforts against healthcare reform are tantamount to manslaughter), and/or quasi-legal (the practice of citizen’s arrest dates back to medieval English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers).
In 2018, in Bushenyi, Uganda, Municipal Engineer Deus Baingana had been allocated nearly $100,000 to fix local roads but had done nothing. Hundreds of outraged citizens marched on district headquarters. He ran to his car, and there was a scuffle. The citizens then surrounded his car and cut his tires (which was pretty funny because the whole thing was about embezzling money meant for roads). Eventually, he was indicted and forced to repair the roads.
In 2003, US President George W. Bush and UK Prime Minister Tony Blair launched an unprovoked war of aggression against Iraq that led to mayhem and mass murder. Yet, more than a decade later, neither have been held to account for their crimes. This grave injustice prompted British journalist George Monbiot to launch Arrest Blair, inspiring more than a few upstanding citizens to attempt citizen’s arrests on Blair. Although the ex-Prime Minister did not consent to proceed willingingly to the local police station, these “arrests” succeeded in drawing attention to Blair’s heinous war crimes, and to challenge the culture of impunity that helped enable them.
Compared to the “hard” more militant example from Bushenyi, Arrest Blair is a “soft” version of the tactic, one that is more theatrical, performative, and symbolic. Other soft examples include the scene in Capitalism, a Love Story when political-stunt filmmaker Michael Moore tried to do a citizen's arrest of everyone on Wall Street. Similarly, in 2009, this author was involved in a Citizens’ Posse action, in which a VIP posse of several union presidents attempted to enter a DC hotel where health insurance executives were holed up and make citizen’s arrests for the crime of “manslaughter,” for conspiracy to block health care reform.
The hard and soft versions of citizen’s arrest involve very different levels of risk and vary considerably from country to country, and context to context. It should also be noted that the tactic can unfortunately also be used by the more powerful (and possibly racist) against the more vulnerable — for example, in 2019 when vigilantes along the US-Mexico border performed a “mass citizen arrest” on migrants and refugees. Which begs the question: What kind of ethics (see: THEORY: Ethical spectacle) should guide our use of citizen’s arrest? Here’s a start:
Arrest up, not down — As with humour, where you want to “punch up, not down,” a citizen’s arrest is a way for the less powerful to hold the more powerful to account.
Nonviolent — This is not a kidnapping, black ops, or act of terror or intimidation, and should not have the feel of such.
Intentional — Be clear about your motivations. Plan carefully. Stay unified. Follow the legal and cultural protocols involved — or if you choose to exceed them, do so with wisdom and deliberateness.
Transparent — Perform the arrest in public in the light of day. Clearly state your reasons and present your evidence. Even invite the public to witness (and/or participate in) the arrest.
Grounded — Do your due diligence. Make sure your rationale for the “arrest” is solid (and if necessary, well-researched.)
When we perform a citizen’s arrest, we are literally (and symbolically) taking justice into our own hands. This is sometimes necessary, often empowering, and potentially dangerous. If we’re clear on our goals, and follow strong ethical guidelines, justice will be in good hands.
