This 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. 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. 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. FalkBoth Israel and the United States have mounted attacks on 'lawfare', that is, counter-hegemonic uses of international law to question policies associated with the occupation of Palestine and criminal tactics of warfare.
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. FalkIt should be appreciated that if the arrangement on Iran's nuclear program collapses after being so patiently negotiated, and successfully implemented since 2014 despite the intense opposition of Netanyahu's Israel and its American loyalists in Congress, it would be widely perceived around the world as a huge setback in the search for regional stability and the struggle to prevent any further spread of nuclear weapons.
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. Falk