It should be appreciated that if the arrangement on Iran's nuclear program collapses after being so patiently negotiated, and successfully implemented since 2014 despite the intense opposition of Netanyahu's Israel and its American loyalists in Congress, it would be widely perceived around the world as a huge setback in the search for regional stability and the struggle to prevent any further spread of nuclear weapons.
Richard A. FalkThis issue of expanding the reach of international criminal law by reliance on the use of Universal Jurisdiction by domestic courts needs to be balanced against the injustice of according impunity to those with strong geopolitical backing. It is notable that several western European countries backtracked on UJ after threats of retaliatory moves by the United States and Israel. There is no doubt that the domain of UJ is a geopolitical battleground.
Richard A. FalkAny move by Israel to end the conflict with the Palestinians by unilateral moves - such as annexing the West Bank, delinking Gaza and declaring that there be no further diplomatic process - will lead to strong regional and global reactions, as well as intensify efforts at the UN and in civil society to brand Israel as an outlaw state dangerous to regional and world peace and guilty of criminal behavior.
Richard A. FalkThe fact that Universal Jurisdiction exists in relation to serious international crimes does convey two important aspects of the global reality: first, that such individuals would be held accountable if international law was applied without regard to geopolitics, and second, that there is enough ambiguity about the reach of UJ that it inhibits such individuals and conveys an impression of de facto criminality.
Richard A. FalkThe UDHR has become an iconic document over the course of more than six decades, the starting point for discussions of whether or not the rights as set forth are truly universal or slanted to reflect the hegemony of Western values, especially those associated with liberal individualism.
Richard A. FalkThe idea of self-determination was gradually given credibility by international law, and it lent strong emancipatory support to movements of liberation struggling against a West-centric world order. Latin American countries used international law creatively, both to limit the protection of foreign investment by establishing the primacy of national sovereignty in relation to natural resources, and by building support for the norm on non-intervention in internal affairs.
Richard A. FalkSo far, the official definitions of terrorism have the role of demonizing the enemies of the United States and Israel, and of sanitizing recourse to indiscriminate force by both governments that causes widespread death of innocent civilians. This double standard is built around the current way in which the vocabulary of terrorism is being used in this country.
Richard A. Falk