It is on balance desirable to encourage Universal Jurisdiction, and to create pressure from below to make application of such jurisdiction as consistent as possible. I think this will act as a deterrent in some situations, although this impact will never be acknowledged by those affected as it would only embolden civil society to intensify its pressures.
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. FalkLooking more deeply at the emergence of ISIS or the chaos that exists in Syria, Yemen and Libya would clearly raise crucial doubts about reliance on military intervention and drone warfare as adequate counterterrorist responses and would call attention to the detrimental effects of US "special relationships" with Israel and Saudi Arabia.
Richard A. FalkThere are degrees of incompatibility, and there are more factors relevant to upholding democracy and human rights than the operation of neoliberal markets. Perhaps this point can be initially made by reference to the decline of democracy and the erosion of human rights within the United States since the 9/11 attacks.
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. FalkIt should be appreciated that if the arrangement on Iran's nuclear program collapses after being so patiently negotiated, and successfully implemented since 2014 despite the intense opposition of Netanyahu's Israel and its American loyalists in Congress, it would be widely perceived around the world as a huge setback in the search for regional stability and the struggle to prevent any further spread of nuclear weapons.
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. FalkIf Trump were to go ahead with a renewed policy of hostility toward Iran, it would immediately raise tensions, and could quickly escalate in the direction of war, with grave dangers of producing another Syrian tragedy of massive displacement and prolonged strife that could cause turmoil and disruptions throughout the entire region, and give rise to a new cycle of extremism.
Richard A. FalkOur sense of the free market is variable, shifting from a more welfare-oriented model after the Great Depression to a capital-driven market after the collapse of socialism as a viable alternative.
Richard A. FalkI can only hope that Trump comes to realize the grave dangers of adopting a policy of confrontation toward Iran. Among these dangers is the likelihood that hardliners would again gain the upper hand in the governing process in Tehran, and the moderates who have sought to end national and regional tensions would be marginalized, or worse.
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. 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. FalkTrump's election is generally bad news.... In international policy, one can imagine that if Trump were foolish enough to go ahead with his pledge to move the American Embassy from Tel Aviv to Jerusalem, it would be widely experienced throughout the Islamic world as a provocation.
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. FalkLooked at objectively, it is clear that the overwhelming majority of civilian deaths resulting from political violence are produced by what should be understood as "state terror." Terrorism also serves as an excuse to avoid diplomacy and the peaceful resolution of conflict.
Richard A. FalkThe capitalist priority is efficiency of capital and profitability, which is generally inconsistent with protecting the vulnerabilities of people and nature.
Richard A. FalkIt would seem to be the case that pressure on Iran to acquire nuclear weapons is almost totally driven by their need for a deterrent capability to avoid the fate of Iraq, Libya. The use of American military force in Syria thus sends exactly the opposite message as supposedly desired to the leadership in Tehran - and to others. North Korea has been dealt with diplomatically because it has the bomb and might use it if provoked.
Richard A. FalkOur [American] leaders are so socialized as to address militarized threats by acting on the basis of a militarized mentality that the deep roots of problems are ignored.
Richard A. FalkTo achieve effectiveness and legitimacy it is time to scrap the right of veto given to permanent members of the UN, or at least severely restrict its use. It is also time to either abandon the idea of permanent membership or broaden it to reflect the rise of non-Western states to the status of global leaders (e.g. Brazil, India, Indonesia, Turkey, South Africa), and to downgrade European representation by either giving the European Union a single seat or rotating a European state among Germany, France, UK, and Italy.
Richard A. FalkIt is possible that, in fact, Trump's call for "America First" (despite evoking unpleasant recollections that such a phrase was the invention of those in the 1930s harboring fascist sympathies) and a positive relationship with Russia, might lead [to] a more relaxed global setting.
Richard A. FalkThe deliberate weakening of the labour movement by the machinations of market fundamentalists, gaining momentum during the periods when Margaret Thatcher led the United Kingdom and Ronald Reagan governed in the United States, contributed to the decline of human rights.
Richard A. FalkBoth Israel and the United States have mounted attacks on 'lawfare', that is, counter-hegemonic uses of international law to question policies associated with the occupation of Palestine and criminal tactics of warfare.
Richard A. FalkAs Gandhi famously responded when asked about "Western civilization," "I wish they had one," the same applies to "international community": "I wish there was one."
Richard A. FalkPost-1989 capitalism was far more unfriendly to economic and social rights than was the prior capitalism seeking to win public approval as a more compassionate economic arrangement than that which prevailed in state socialist economies.
Richard A. FalkThe Method of Bisection is a sophisticated version of a tool used in fifth grade called "Guess and Check".
Richard A. FalkAny move by Israel to end the conflict with the Palestinians by unilateral moves - such as annexing the West Bank, delinking Gaza and declaring that there be no further diplomatic process - will lead to strong regional and global reactions, as well as intensify efforts at the UN and in civil society to brand Israel as an outlaw state dangerous to regional and world peace and guilty of criminal behavior.
Richard A. FalkMy own sense is that if David Friedman chooses to live in Jerusalem, and quietly conduct diplomatic business from the now existing US consulate in the city, it will not be noticed very much. It will not be treated as a rupture with the past unless it is accompanied by other American encouragements of Israeli extremism undertaken with the clear backing of the White House.
Richard A. FalkI am quite confident that there are numerous discussions going in various "deep states" throughout the world about how to contain Trump's America geopolitically and economically, given the early indications that his policies will intensify conflict in many parts of the world.
Richard A. FalkWhen I told my son that I had to give a talk about my work to non-mathematicians, he warned me that regular people don't think like mathematicians.
Richard A. FalkThe 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. FalkIt should be appreciated that this whole effort to hold leaders of states criminally responsible is a rather radical challenge to territorial sovereignty and a repudiation of the whole related ethos of 'sovereign immunity'.
Richard A. FalkIn the current setting the situation of the poor is neglected despite the grotesque wealth of the capitalist elites, and the dangers to the well-being of humanity associated with climate change are ignored despite a strong scientific consensus warning of the adverse, and possibly irreversible, consequences of further delays in reducing the level of greenhouse gas emissions, especially carbon.
Richard A. FalkTrump will have to take up juggling if he goes ahead and scraps the agreement with Iran and at the same time, seeks to avoid alienating Russia, and quite possibly France and Germany. These European countries are already nervous about what the Trump presidency means with respect to the future of the post-World War II international order that has essentially kept the peace on the continent since 1945. This order is far from perfect, of course, and under pressure from other sources, especially due to the rise of chauvinism and European Trumpism.
Richard A. Falk