There was a deliberate decision after the failure of the League of Nations to make the next attempt to establish a global political actor sensitive to geopolitical realities. The underlying idea was to provide major states, defined in 1945 by reference to the winners in the Second World War (now an anachronism), with assurance that they could take part in the UN without jeopardising their national interests. In this regard, the UN has succeeded, as none of the big countries has withdrawn, and the Organisation has managed to achieve virtually universal membership of all sovereign states.
Richard A. FalkNothing is more important than restoring a high degree of autonomy to educational experiences so that those who grow up in this society and troubled world have the best available tools to grasp the challenges that imperil our national and human future.
Richard A. FalkI think if there is to be a crime of 'political genocide' it needs to be formulated with great care and precision to avoid unpopular views from being criminalised.
Richard A. FalkOn the cautionary side, Universal Jurisdiction could be used to achieve some kind of ideologically motivated criminalisation of 'the other' that would discredit and derail a constructive effort to develop a credible meta-law that governs the behaviour of leaders of sovereign states.
Richard A. FalkAlready there exists a growing international concern that Israel has become "an apartheid state" pursuing policies manifesting a "settler colonial" mentality. Such perceptions pose a challenge to postcolonial international society that will not be indefinitely ignored, especially if Palestinians achieve greater unity and tactical focus.
Richard A. FalkInternational law in its counter-hegemonic uses is very important in any domain where issues of legitimacy are significant, but is rarely able to have a corresponding behavioural impact.
Richard A. FalkMore recently the US has more accurately been viewed as a militarist 'empire' that fights destructive wars and intervenes in a variety of societies, especially in the Middle East to retain control over oil reserves, and lends crucial support to Israel that not only oppresses the Palestinian people but threatens to convert the entire region into a war zone.
Richard A. FalkI think the impacts of 9/11 on academic freedom vary greatly depending on locale and time (softening with the passage of time), and even within the same community, and likely within the same schools. This variability makes it difficult to offer generalized responses without accompanying caveats.
Richard A. FalkAs matters now stand, the combination of genocide, as conventionally understood, and crimes against humanity, seems sufficient to cover the criminality of political leaders, and the lethal consequences of totalising ideologies.
Richard A. FalkDoing something, however pathetic, is psychologically better than doing nothing. In the current political environment - that is, with no more Cold War tensions - the tendency is to counteract the feelings of fear and vulnerability with a variety of military, paramilitary and police measures, despite the reality that this kind of excessive reliance on force in many ways intensifies the very problem it is purporting to solve.
Richard A. FalkThis issue of expanding the reach of international criminal law by reliance on the use of Universal Jurisdiction by domestic courts needs to be balanced against the injustice of according impunity to those with strong geopolitical backing. It is notable that several western European countries backtracked on UJ after threats of retaliatory moves by the United States and Israel. There is no doubt that the domain of UJ is a geopolitical battleground.
Richard A. FalkIt was a step forward to charge Pinochet with terrorism, and to acknowledge that the essence of the crime is the use of political violence to induce great fear in society and against those who are innocent, and not just such violence that is directed against the state by opposition groups.
Richard A. FalkI once got a call from a bank, asking me to compute a mortgage, since their computers were down. This was a very depressing moment.
Richard A. FalkThe main challenge is what to do in the face of double standards. Those who should be rendered accountable under international criminal law, the Kissingers of this world, enjoy de facto impunity, while those who come from countries that have long been targets of hegemonic abuse are used as poster children of accountability.
Richard A. FalkIt would not be desirable to include 'terrorism' among international crimes subject to International Criminal Court jurisdiction if defined to apply only to anti-state acts of violence. The failure to include terrorism as a distinct crime was due to the inability to agree upon its proper definition.
Richard A. FalkThe UDHR has become an iconic document over the course of more than six decades, the starting point for discussions of whether or not the rights as set forth are truly universal or slanted to reflect the hegemony of Western values, especially those associated with liberal individualism.
Richard A. FalkWith Islamophobic tendencies in Europe and North America it is quite possible that Islamic leaders could be charged with 'political genocide'. An extremist American pastor in a small Florida church held a trial that convicted the Koran of encouraging the murder of non-Muslims and of being responsible for the 9/11 attacks. It is this sort of outlook that would be encouraged to claim that Islam embodied 'political genocide', a development that would have many negative effects on inter-civilisational relations within and among countries.
Richard A. FalkI do think there is an enhanced awareness of insecurity and vulnerability that induces anxiety that creates pressure on teachers and administrators to offer simplistic explanations and to be resistant to expressions of attitudes that can be viewed as unpatriotic, which is further interpreted as applicable to any tendency to challenge the government when it claims to be acting overseas to avoid repetitions of 9/11 or to encroach on domestic freedom to identify suspicious persons and behaviors.
Richard A. FalkSince Israel would rather re-experience Masada than renounce the core Zionist objective of establishing a Jewish state, the only one-state "solution" on the horizon of realistic possibilities is an Israeli "one state" that fulfills the messianic nationalist ideal embraced by deep Zionism, likely consisting of completing the expansionist process of recent years by incorporating all or most of the West Bank, casting Gaza adrift, consolidating control over Jerusalem, and transferring as many West Bank Palestinians as possible to Jordan.
Richard A. FalkAs matters now stand, the veto seems inappropriate, given the absence of any deep ideological split between major states, and definitely constrains the war-prevention mission of the UN. Similarly, the present permanent five are out of touch with geopolitical realities, and constitute a remnant of a West-centric world order, casting a shadow of illegitimacy across the activities of the most important organ of global policymaking in the UN System.
Richard A. FalkTo be a hegemon is inherently ambiguous, usually implying some mixture of dominance and legitimacy, that is, being seen as contributing global leadership in a generally benevolent manner.
Richard A. FalkIn light of Trump's irresponsible behavior, even Putin may decide that it was time to recalculate Russian interests. This could happen quite quickly if Trump goes ahead and wrecks one of the few potentially stabilizing developments in the Middle East during the last several years. Similarly, if Israel joins NATO, this might be more than Putin is willing to swallow.
Richard A. FalkWe live in a state-centric world faced with global-scale problems that cannot be met by the actions of single states, no matter how powerful, if assessed from the perspective of military capabilities.
Richard A. FalkI don't like to end my talk with a 700 million dollar loss, even if it shows the importance of Numerical Analysis.
Richard A. FalkThe systemic incompatibility between free-market capitalism and the quality of democratic life and respect for human rights has to be modified to take account of such contextual variables as wartime, security threats, and the societal balance between entrepreneurial and working classes.
Richard A. FalkAn aggravating feature of this post-9/11 atmosphere is to cast suspicions on Muslims and on Islam as a religion that is interpreted as either inherently violent or death-oriented, with a particular animus against America and Americans.
Richard A. FalkHistorically, international law lent a measure of legality to the colonial system, and allowed the West to set the rules for participation as a sovereign state on a global level. It also protected the interests of foreign investment in countries of the global South even when these were exploitative, and deprived countries of the benefits of resources situated within their territories.
Richard A. FalkThe existing order is breaking down at a very rapid rate, and the main uncertainty is whether mankind can exert a positive role in shaping a new world order or is doomed to await collapse in a passive posture. We believe a new orderwill be born no later than early in the next century and that the death throes of the old and the birth pangs of the new will be a testing time for the human species.
Richard A. FalkCapitalism is in crisis both morally, due to widening disparities of income and wealth and disclosures of abusive practices, and ecologically, due to its refusal to make business adjustments in accounting procedures that pass the consequences of emissions to the public and the future.
Richard A. FalkI think it is less the limited amount of information than the filters that information about the Middle East must pass through before being fairly addressed in the mainstream media. In more intellectual and geopolitical terms, the perceptions of the region are distorted by a combination of Orientalism and the priorities of the state of Israel, including the refusal to discuss the relevance of Israel's nuclear weapons arsenal in the context of addressing Iran on its nuclear program.
Richard A. FalkCumulatively, American society is sliding toward a new form of 'authoritarian democracy'. Elections continue, free speech is generally protected, institutions operate in accordance with the Constitution, but the reality of state - society relations is dramatically altered by the counter-terrorist claims of emergency rule and the right of exception.
Richard A. FalkAmerican special relationships with Israel and Saudi Arabia blind us to their dreadful encroachments on human rights, as well as confer impunity on their leaders with respect to accountability for crimes against humanity.
Richard A. FalkThe idea of self-determination was gradually given credibility by international law, and it lent strong emancipatory support to movements of liberation struggling against a West-centric world order. Latin American countries used international law creatively, both to limit the protection of foreign investment by establishing the primacy of national sovereignty in relation to natural resources, and by building support for the norm on non-intervention in internal affairs.
Richard A. FalkAmerica is perhaps best viewed as an 'authoritarian democracy' within its own territory and as 'a global state' of a new kind when considered internationally.
Richard A. FalkWhen Daniel Gorenstein was chair, he did mathematics from 5am to 12noon, spending the second half of his working day on administration. When I was chair, I also spent half of my time on research: every other minute.
Richard A. FalkAfter the Second World War, facilitating the establishment of the UN and aiding the reconstruction of Europe, the United States was widely viewed, at least in the West, as a benevolent hegemon. In the non-West, the US was often perceived as a supporter of the colonial powers in their struggle to maintain control over their colonial possessions, and was viewed far more critically, especially by emerging elites that were more inclined to socialist development paradigms than to the capitalist ethos favoured by Washington.
Richard A. FalkAs such the meaning of hegemony is subject to varying interpretations depending on how the historical role of the United States is interpreted.
Richard A. FalkThis kind of totalization of security consciousness [after tragedy of 9/11] has the effect within classrooms (and beyond) of constraining the imagination and reinforcing attitudes that privilege the forces of law and order as against the crosscurrents of freedom and dissent.
Richard A. FalkWhat both the state and the capitalist economy oppose is an understanding of what might be called "the true nature of things" (using the phrase without metaphysical pretensions), especially injustices and exploitative practices.
Richard A. FalkWe should not rule out the possibility that Trump's diplomacy could deescalate Middle East strife and international tensions, give the US a lower global profile and enable a more balanced world order to emerge, doing most of its damage here at home, through moves to implement his vision of nativist nationalism.
Richard A. FalkThe atmosphere of fear and security manipulated by the government has converted American citizens into terrorist suspects who are all subject to arbitrary and unreviewable detention and surveillance.
Richard A. FalkAt present, the United States, with over 700 foreign military bases, navies in every ocean, a programme to militarise space, and drone bases planned for all regions of the world, is increasingly perceived in relation to its hard power diplomacy, a threat to political independence and stability for many countries.
Richard A. FalkThere is no doubt that this fusion of terrorist and Muslim feeds virulent forms of Islamophobia, which is also encouraged by such incidents as the Westgate Mall massacre in Nairobi and the Anglican Church bombing in Pakistan. 9/11 greatly intensified this tendency toward fusion, but it had also been nurtured by Israeli propaganda that portrayed their Palestinian and Arab adversaries as "terrorists." In fact, the US government approach after 9/11 was modeled in many of its features on Israeli tactics developed during the long occupation of Palestine.
Richard A. FalkOn the one side, I welcome prosecutions of individuals such as Pinochet, and would welcome the indictment, prosecution, and punishment of Kissinger. On the other side is the geopolitical reality that only those in the global South are likely to experience the impact of Universal Jurisdiction.
Richard A. FalkThe fact that Universal Jurisdiction exists in relation to serious international crimes does convey two important aspects of the global reality: first, that such individuals would be held accountable if international law was applied without regard to geopolitics, and second, that there is enough ambiguity about the reach of UJ that it inhibits such individuals and conveys an impression of de facto criminality.
Richard A. FalkWhen I told my mother that I have to give a talk, and was debating what could I possibly say to non-mathematicians, she said: "You got what to wear?".
Richard A. FalkSo far, the official definitions of terrorism have the role of demonizing the enemies of the United States and Israel, and of sanitizing recourse to indiscriminate force by both governments that causes widespread death of innocent civilians. This double standard is built around the current way in which the vocabulary of terrorism is being used in this country.
Richard A. Falk