Trump will have to take up juggling if he goes ahead and scraps the agreement with Iran and at the same time, seeks to avoid alienating Russia, and quite possibly France and Germany. These European countries are already nervous about what the Trump presidency means with respect to the future of the post-World War II international order that has essentially kept the peace on the continent since 1945. This order is far from perfect, of course, and under pressure from other sources, especially due to the rise of chauvinism and European Trumpism.
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. FalkI can only hope that Trump comes to realize the grave dangers of adopting a policy of confrontation toward Iran. Among these dangers is the likelihood that hardliners would again gain the upper hand in the governing process in Tehran, and the moderates who have sought to end national and regional tensions would be marginalized, or worse.
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. FalkIt would seem to be the case that pressure on Iran to acquire nuclear weapons is almost totally driven by their need for a deterrent capability to avoid the fate of Iraq, Libya. The use of American military force in Syria thus sends exactly the opposite message as supposedly desired to the leadership in Tehran - and to others. North Korea has been dealt with diplomatically because it has the bomb and might use it if provoked.
Richard A. FalkThe British leadership has acknowledged that it only became possible to end the violence in North Ireland when it stopped thinking of the [Irish Republican Army] as "a terrorist organization" and began treating it as a political actor with genuine grievances that deserved to be addressed.
Richard A. Falk