The Goldstone Report establishes the credibility of the accusations directed at Israel with respect to its tactics used during the 2008 - 09 attacks on Gaza, but was not able to facilitate the next step that would have involved activating accountability mechanisms either within Israel or at the level of international society.
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. 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. 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. 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. 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. FalkHamas 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. Falk