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 In this regard, the UN has succeeded, as none of the big countries has withdrawn, and the Organisation has managed to achieve virtually universal membership of all sovereign states.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. 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. FalkIn the Goldstone Report, Israeli perpetrators of possible crimes against humanity were made subject to prosecution and punishment, although the geopolitical leverage of the United States within the UN prevents implementation. At the same time, several African leaders are being prosecuted for their crimes against humanity and participation in genocide: a double standard of sorts, given the impunity accorded to the West and Israel.
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. 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. 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. Falk