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. FalkPost-1989 capitalism was far more unfriendly to economic and social rights than was the prior capitalism seeking to win public approval as a more compassionate economic arrangement than that which prevailed in state socialist economies.
Richard A. FalkIt is possible that, in fact, Trump's call for "America First" (despite evoking unpleasant recollections that such a phrase was the invention of those in the 1930s harboring fascist sympathies) and a positive relationship with Russia, might lead [to] a more relaxed global setting.
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. FalkNothing is more important than restoring a high degree of autonomy to educational experiences so that those who grow up in this society and troubled world have the best available tools to grasp the challenges that imperil our national and human future.
Richard A. FalkAfter the Second World War, facilitating the establishment of the UN and aiding the reconstruction of Europe, the United States was widely viewed, at least in the West, as a benevolent hegemon. In the non-West, the US was often perceived as a supporter of the colonial powers in their struggle to maintain control over their colonial possessions, and was viewed far more critically, especially by emerging elites that were more inclined to socialist development paradigms than to the capitalist ethos favoured by Washington.
Richard A. FalkIt 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. Falk