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 In this regard, the UN has succeeded, as none of the big countries has withdrawn, and the Organisation has managed to achieve virtually universal membership of all sovereign states.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. FalkThere is no effort to acknowledge some equivalent accountability by associating "terrorism" with all violence that is deliberately aimed at civilians, either directly or as foreseeable effects of violent acts, whether the actor is a non-state individual or group or the state.
Richard A. FalkHuman rights and international criminal law both illustrate the contradictory potential of international law. On one level, the imposition of human rights norms is a restraint on interventionary diplomacy, especially if coupled with respect for the legal norm of self-determination. But on another level, the protection of human rights creates a pretext for intervention as given approval by the UN Security Council in the form of the R2P (responsibility to protect) norm, as used in the 2011 Libyan intervention. The same applies with international criminal 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. FalkI once got a call from a bank, asking me to compute a mortgage, since their computers were down. This was a very depressing moment.
Richard A. FalkIn the current setting the situation of the poor is neglected despite the grotesque wealth of the capitalist elites, and the dangers to the well-being of humanity associated with climate change are ignored despite a strong scientific consensus warning of the adverse, and possibly irreversible, consequences of further delays in reducing the level of greenhouse gas emissions, especially carbon.
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. Falk