Historically, international law lent a measure of legality to the colonial system, and allowed the West to set the rules for participation as a sovereign state on a global level. It also protected the interests of foreign investment in countries of the global South even when these were exploitative, and deprived countries of the benefits of resources situated within their territories.
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. FalkTo be a hegemon is inherently ambiguous, usually implying some mixture of dominance and legitimacy, that is, being seen as contributing global leadership in a generally benevolent manner.
Richard A. FalkAn aggravating feature of this post-9/11 atmosphere is to cast suspicions on Muslims and on Islam as a religion that is interpreted as either inherently violent or death-oriented, with a particular animus against America and Americans.
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. Falk