Human 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. 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. FalkSince Israel would rather re-experience Masada than renounce the core Zionist objective of establishing a Jewish state, the only one-state "solution" on the horizon of realistic possibilities is an Israeli "one state" that fulfills the messianic nationalist ideal embraced by deep Zionism, likely consisting of completing the expansionist process of recent years by incorporating all or most of the West Bank, casting Gaza adrift, consolidating control over Jerusalem, and transferring as many West Bank Palestinians as possible to Jordan.
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