The 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. FalkLooking more deeply at the emergence of ISIS or the chaos that exists in Syria, Yemen and Libya would clearly raise crucial doubts about reliance on military intervention and drone warfare as adequate counterterrorist responses and would call attention to the detrimental effects of US "special relationships" with Israel and Saudi Arabia.
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. 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. 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. Falk