Hamas retains the right to defend Gaza by the use of the weaponry at its disposal, and is thus not committed to nonviolence, but it does offer the possibility of greater peace and stability for both Israelis and Palestinians if the label of "terrorism" was abandoned and the search for accommodation was commenced in good faith.
Richard A. FalkInternational law in its counter-hegemonic uses is very important in any domain where issues of legitimacy are significant, but is rarely able to have a corresponding behavioural impact.
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. FalkIn light of Trump's irresponsible behavior, even Putin may decide that it was time to recalculate Russian interests. This could happen quite quickly if Trump goes ahead and wrecks one of the few potentially stabilizing developments in the Middle East during the last several years. Similarly, if Israel joins NATO, this might be more than Putin is willing to swallow.
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. 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. Falk