Historically, 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. FalkIt should be appreciated that this whole effort to hold leaders of states criminally responsible is a rather radical challenge to territorial sovereignty and a repudiation of the whole related ethos of 'sovereign immunity'.
Richard A. FalkThe weaknesses and biases of the international mechanisms of accountability make it seem desirable to extend the domain of accountability by empowering domestic courts to act as agents of the world legal system. Even if there is no consistent application of Universal Jurisdiction, it still leads those who might be prosecuted to alter their travel plans to avoid even the complication of waiting for a complaint to be dismissed.
Richard A. FalkMy own sense is that if David Friedman chooses to live in Jerusalem, and quietly conduct diplomatic business from the now existing US consulate in the city, it will not be noticed very much. It will not be treated as a rupture with the past unless it is accompanied by other American encouragements of Israeli extremism undertaken with the clear backing of the White House.
Richard A. FalkThere 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 In this regard, the UN has succeeded, as none of the big countries has withdrawn, and the Organisation has managed to achieve virtually universal membership of all sovereign states.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. FalkWe should not rule out the possibility that Trump's diplomacy could deescalate Middle East strife and international tensions, give the US a lower global profile and enable a more balanced world order to emerge, doing most of its damage here at home, through moves to implement his vision of nativist nationalism.
Richard A. Falk