It was a step forward to charge Pinochet with terrorism, and to acknowledge that the essence of the crime is the use of political violence to induce great fear in society and against those who are innocent, and not just such violence that is directed against the state by opposition groups.
Richard A. FalkThere is no effort to acknowledge some equivalent accountability by associating "terrorism" with all violence that is deliberately aimed at civilians, either directly or as foreseeable effects of violent acts, whether the actor is a non-state individual or group or the state.
Richard A. FalkIt would not be desirable to include 'terrorism' among international crimes subject to International Criminal Court jurisdiction if defined to apply only to anti-state acts of violence. The failure to include terrorism as a distinct crime was due to the inability to agree upon its proper definition.
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. FalkWhen I told my mother that I have to give a talk, and was debating what could I possibly say to non-mathematicians, she said: "You got what to wear?".
Richard A. FalkIt may be that there is so much ambiguity and ideology attached to the term 'terrorism' that it is best to avoid its use altogether, as it is likely to be twisted in public discourse to demonise the enemies of the established order, while exempting state violence from legal and moral scrutiny.
Richard A. Falk