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. 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. FalkThe main challenge is what to do in the face of double standards. Those who should be rendered accountable under international criminal law, the Kissingers of this world, enjoy de facto impunity, while those who come from countries that have long been targets of hegemonic abuse are used as poster children of accountability.
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. FalkAs Gandhi famously responded when asked about "Western civilization," "I wish they had one," the same applies to "international community": "I wish there was one."
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. Falk