“In 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.” MadeStatesHumanityGivenUnitedLeaderUnited StatesSubjectsCrimeStandardsWestIsraelPunishmentReportsGenocideParticipationIsraeliDouble StandardImpunityImplementationPerpetratorsProsecutionCrimes Against HumanityGeopolitical Author:Richard A. Falk
“There was a deliberate decision after the failure of the League of Nations to make the next attempt to establish a global political actor sensitive to geopolitical realities. The underlying idea was to provide major states, defined in 1945 by reference to the winners in the Second World War (now an anachronism), with assurance that they could take part in the UN without jeopardising their national interests. In this regard, the UN has succeeded, as none of the big countries has withdrawn, and the Organisation has managed to achieve virtually universal membership of all sovereign states.” WorldIdeasWarCountryStatesBigsRealityPoliticalNextActorsNationsInterestDecisionAchieveMajorsUniversalRegardDefinedWinnerLeagueSensitiveWar Of The WorldsSovereignAssuranceDeliberateOrganisationSecond World WarMembershipNational InterestsGeopoliticalAnachronismLeague Of Nations Author:Richard A. Falk
“As matters now stand, the veto seems inappropriate, given the absence of any deep ideological split between major states, and definitely constrains the war-prevention mission of the UN. Similarly, the present permanent five are out of touch with geopolitical realities, and constitute a remnant of a West-centric world order, casting a shadow of illegitimacy across the activities of the most important organ of global policymaking in the UN System.” WorldImportantWarMatterStatesRealitySeemsOrderGivenFiveActivityMajorsShadowWestMissionsAbsencePermanentOrgansSplitsCastingIdeologicalWorld OrderInappropriatePreventionRemnantsConstrainVetoGeopolitical Author:Richard A. Falk
“To 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.” GivingIdeasStatesUseGivenLeaderAchieveMembersIndiaUnionsSouthWesternFrancePermanentGermanySeatsAbandonSouth AfricaRepresentationTurkeysIndonesiaEffectivenessEuropean UnionScrapBrazilMembershipLegitimacyVetoRotating Author:Richard A. Falk
“International 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.” ImportantUseAbleLawIssuesImpactInternationalSignificantDomainLegitimacyCorrespondingInternational Law Author:Richard A. Falk
“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.” AbleUsedNextLevelsStepsInvolvedInternationalIsraelReportsAccountabilityMechanismTacticsCredibilityNext StepsAccusationGazaFacilitate Author:Richard A. Falk
“The UDHR has become an iconic document over the course of more than six decades, the starting point for discussions of whether or not the rights as set forth are truly universal or slanted to reflect the hegemony of Western values, especially those associated with liberal individualism.” ValuesCoursesRightsSixUniversalWesternStartingDecadesDiscussionIndividualismDocumentsStarting PointIconicHegemonyWestern Values Author:Richard A. Falk
“There 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.” HumansMadeStatesUnitedUnited StatesDemocracyRightsDegreesHuman RightsFactorsOperationsRelevantDeclineErosionIncompatibilityDemocracy And Human Rights Author:Richard A. Falk
“The atmosphere of fear and security manipulated by the government has converted American citizens into terrorist suspects who are all subject to arbitrary and unreviewable detention and surveillance.” GovernmentSubjectsSecurityCitizensTerroristAtmosphereSuspectsArbitrarySurveillanceAmerican CitizensDetention Author:Richard A. Falk
“Cumulatively, American society is sliding toward a new form of 'authoritarian democracy'. Elections continue, free speech is generally protected, institutions operate in accordance with the Constitution, but the reality of state - society relations is dramatically altered by the counter-terrorist claims of emergency rule and the right of exception.” StatesRealityFormDemocracySpeechConstitutionClaimsRelationElectionInstitutionsTerroristExceptionProtectedFree SpeechEmergenciesAlteredAmerican Society Author:Richard A. Falk
“Our 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.” ModelsDrivenSocialismAlternativesWelfareCollapseFree MarketShiftingGreat DepressionVariables Author:Richard A. Falk
“Post-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.” StatesWinningSocialEconomyRightsEconomicCapitalismSeekingPostsCompassionateApprovalSocialistArrangementsUnfriendlySocialist Economy Author:Richard A. Falk
“The 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.” HumansStatesUnitedUnited StatesRightsMovementPeriodsHuman RightsKingdomsLabourDeclineDeliberateMomentumUnited KingdomWeakeningLabour Movement Author:Richard A. Falk
“The systemic incompatibility between free-market capitalism and the quality of democratic life and respect for human rights has to be modified to take account of such contextual variables as wartime, security threats, and the societal balance between entrepreneurial and working classes.” HumansQualityClassRightsSecurityBalanceCapitalismAccountsThreatDemocraticHuman RightsWorking ClassFree MarketEntrepreneurialVariablesWartimeIncompatibilityFree Market Capitalism Author:Richard A. Falk
“The capitalist priority is efficiency of capital and profitability, which is generally inconsistent with protecting the vulnerabilities of people and nature.” PeoplePrioritiesVulnerabilityCapitalistEfficiencyInconsistentProfitability Author:Richard A. Falk
“In 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.” WellsHumanityStrongWealthPoorLevelsSituationDangerConsequenceClimateClimate ChangeCurrentsSettingDespiteSettingsWell BeingGasWarningCapitalistElitesIgnoredCarbonDelayConsensusNeglectedReducingEmissionsGrotesqueAdverseGreenhousesGreenhouse GasesIrreversible Author:Richard A. Falk
“Capitalism is in crisis both morally, due to widening disparities of income and wealth and disclosures of abusive practices, and ecologically, due to its refusal to make business adjustments in accounting procedures that pass the consequences of emissions to the public and the future.” WealthPracticeCapitalismConsequenceCrisisDuesIncomeProceduresRefusalAdjustmentEmissionsAccountingAbusiveDisparityDisclosure Author:Richard A. Falk
“On the one side, I welcome prosecutions of individuals such as Pinochet, and would welcome the indictment, prosecution, and punishment of Kissinger. On the other side is the geopolitical reality that only those in the global South are likely to experience the impact of Universal Jurisdiction.” RealityIndividualSidesUniversalImpactSouthPunishmentWelcomeProsecutionJurisdictionIndictmentGeopoliticalKissingerPinochet Author:Richard A. Falk
“The main challenge is what to do in the face of double standards. Those who should be rendered accountable under international criminal law, the Kissingers of this world, enjoy de facto impunity, while those who come from countries that have long been targets of hegemonic abuse are used as poster children of accountability.” WorldShouldChildrenLongCountryFacesLawUsedEnjoyChallengesThis WorldStandardsAbuseInternationalCriminalsAccountabilityTargetPostersDouble StandardImpunityCriminal LawKissinger Author:Richard A. Falk
“This 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.” NeedsCountryStatesUseMovingLawStrongUnitedUnited StatesIssuesDoubtUniversalCourtThreatWesternInjusticeInternationalIsraelCriminalsNo DoubtBalancedExpandingDomainRelianceNotableImpunityEuropean CountriesJurisdictionCriminal LawBattlegroundGeopolitical Author:Richard A. Falk
“The 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.” IfsFirstsDoeTwoImportantEnoughFactsRealityWould BeLawIndividualCrimeSeriousAspectUniversalRelationRegardInternationalImpressionAmbiguityGeopoliticsInternational LawCriminalityJurisdiction Author:Richard A. Falk
“The 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.” IfsWorldStillsSeemsMightWaitingPlansWeaknessUniversalCourtInternationalAgentsEmpoweringConsistentAccountabilityApplicationMechanismComplaintsDesirableDomainComplicationLegal SystemJurisdiction Author:Richard A. Falk
“On the cautionary side, Universal Jurisdiction could be used to achieve some kind of ideologically motivated criminalisation of 'the other' that would discredit and derail a constructive effort to develop a credible meta-law that governs the behaviour of leaders of sovereign states.” KindStatesLawUsedSidesEffortLeaderAchieveUniversalMotivatedBehaviourSovereignConstructiveCredibleDiscreditJurisdiction Author:Richard A. Falk
“It 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'.” ShouldStatesWholeChallengesEffortLeaderResponsibleRadicalRelatedSovereignSovereigntyAppreciatedEthosImmunityTerritorial Author:Richard A. Falk
“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.” ThinkingSituationBalanceUniversalPressureImpactConsistentAffectedApplicationDesirableCivil SocietyJurisdictionDeterrent Author:Richard A. Falk
“I think if there is to be a crime of 'political genocide' it needs to be formulated with great care and precision to avoid unpopular views from being criminalised.” IfsThinkingNeedsCarePoliticalViewsCrimeGenocidePrecision Author:Richard A. Falk
“As matters now stand, the combination of genocide, as conventionally understood, and crimes against humanity, seems sufficient to cover the criminality of political leaders, and the lethal consequences of totalising ideologies.” MatterSeemsPoliticalHumanityLeaderCrimeUnderstoodConsequenceIdeologyCombinationSufficientGenocidePolitical LeadersCriminalityCrimes Against Humanity Author:Richard A. Falk
“With Islamophobic tendencies in Europe and North America it is quite possible that Islamic leaders could be charged with 'political genocide'. An extremist American pastor in a small Florida church held a trial that convicted the Koran of encouraging the murder of non-Muslims and of being responsible for the 9/11 attacks. It is this sort of outlook that would be encouraged to claim that Islam embodied 'political genocide', a development that would have many negative effects on inter-civilisational relations within and among countries.” CountryWould BeAmericaPoliticalChurchLeaderEffectsDevelopmentEuropeNegativeClaimsRelationMurderResponsibleIslamTrialsTendenciesIslamicGenocideFloridaPastorOutlookExtremistBeing ResponsibleNorth AmericaBe Encouraged Author:Richard A. Falk
“It 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.” MayStatesUseOrderTermMoralEnemyViolenceTerrorismIdeologyDiscourseTwistedAmbiguityScrutinyPublic Discourse Author:Richard A. Falk
“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.” StatesUsePoliticalStepsViolenceGroupsCrimeEssenceTerrorismInnocentAcknowledgeOppositionSteps ForwardPolitical ViolencePinochet Author:Richard A. Falk
“It 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.” IfsStatesViolenceSubjectsCrimeAgreeCourtInternationalDefinitionsTerrorismDuesCriminalsDefinedDesirableInabilityActs Of ViolenceJurisdictionAgree Upon Author:Richard A. Falk
“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.” WorldBelieveHumansOrderNextBornRolesMankindCenturyBirthSpeciesRateJewUncertaintyNew WorldCollapsePassiveDoomedBreaking DownTestingRapidsCreepyPostureNew World OrderWorld OrderHuman SpeciesOld WorldNwo Author:Richard A. Falk
