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. FalkThe Goldstone Report establishes the credibility of the accusations directed at Israel with respect to its tactics used during the 2008 - 09 attacks on Gaza, but was not able to facilitate the next step that would have involved activating accountability mechanisms either within Israel or at the level of international society.
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. FalkAny move by Israel to end the conflict with the Palestinians by unilateral moves - such as annexing the West Bank, delinking Gaza and declaring that there be no further diplomatic process - will lead to strong regional and global reactions, as well as intensify efforts at the UN and in civil society to brand Israel as an outlaw state dangerous to regional and world peace and guilty of criminal behavior.
Richard A. FalkIt is on balance desirable to encourage Universal Jurisdiction, and to create pressure from below to make application of such jurisdiction as consistent as possible. I think this will act as a deterrent in some situations, although this impact will never be acknowledged by those affected as it would only embolden civil society to intensify its pressures.
Richard A. FalkThe Method of Bisection is a sophisticated version of a tool used in fifth grade called "Guess and Check".
Richard A. FalkThere are degrees of incompatibility, and there are more factors relevant to upholding democracy and human rights than the operation of neoliberal markets. Perhaps this point can be initially made by reference to the decline of democracy and the erosion of human rights within the United States since the 9/11 attacks.
Richard A. Falk