It 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. 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. FalkTo achieve effectiveness and legitimacy it is time to scrap the right of veto given to permanent members of the UN, or at least severely restrict its use. It is also time to either abandon the idea of permanent membership or broaden it to reflect the rise of non-Western states to the status of global leaders (e.g. Brazil, India, Indonesia, Turkey, South Africa), and to downgrade European representation by either giving the European Union a single seat or rotating a European state among Germany, France, UK, and Italy.
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. Falk