The existing order is breaking down at a very rapid rate, and the main uncertainty is whether mankind can exert a positive role in shaping a new world order or is doomed to await collapse in a passive posture. We believe a new orderwill be born no later than early in the next century and that the death throes of the old and the birth pangs of the new will be a testing time for the human species.
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 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. FalkHuman rights and international criminal law both illustrate the contradictory potential of international law. On one level, the imposition of human rights norms is a restraint on interventionary diplomacy, especially if coupled with respect for the legal norm of self-determination. But on another level, the protection of human rights creates a pretext for intervention as given approval by the UN Security Council in the form of the R2P (responsibility to protect) norm, as used in the 2011 Libyan intervention. The same applies with international criminal accountability.
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. Falk