It is on balance desirable to encourage Universal Jurisdiction, and to create pressure from below to make application of such jurisdiction as consistent as possible. I think this will act as a deterrent in some situations, although this impact will never be acknowledged by those affected as it would only embolden civil society to intensify its pressures.
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. 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. FalkLooking more deeply at the emergence of ISIS or the chaos that exists in Syria, Yemen and Libya would clearly raise crucial doubts about reliance on military intervention and drone warfare as adequate counterterrorist responses and would call attention to the detrimental effects of US "special relationships" with Israel and Saudi Arabia.
Richard A. FalkTrump's election is generally bad news.... In international policy, one can imagine that if Trump were foolish enough to go ahead with his pledge to move the American Embassy from Tel Aviv to Jerusalem, it would be widely experienced throughout the Islamic world as a provocation.
Richard A. Falk