“Trump'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.” IfsWorldEnoughWould BeMovingImaginePolicyTrumpNewsElectionInternationalFoolishIslamicImagine ThatPledgeBad NewsJerusalemProvocationEmbassy Author:Richard A. Falk
“Trump 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.” IfsWorldMeanWarCountryOrderCoursesPerfectSourceTrumpPressureInternationalDuesRussiaNervousFrancePostsWar Of The WorldsGermanyAgreementIranWorld War IiWorld War IContinentsPresidencyScrapUnder PressureEuropean CountriesJugglingChauvinism Author:Richard A. Falk
“We should not rule out the possibility that Trump's diplomacy could deescalate Middle East strife and international tensions, give the US a lower global profile and enable a more balanced world order to emerge, doing most of its damage here at home, through moves to implement his vision of nativist nationalism.” WorldGivingShouldHomeMovingOrderVisionMiddlePossibilityTrumpInternationalEastDamageTensionNationalismMiddle EastBalancedStrifeDiplomacyProfileWorld Order Author:Richard A. Falk
“Already there exists a growing international concern that Israel has become "an apartheid state" pursuing policies manifesting a "settler colonial" mentality. Such perceptions pose a challenge to postcolonial international society that will not be indefinitely ignored, especially if Palestinians achieve greater unity and tactical focus.” IfsStatesChallengesGreaterFocusGrowingAchievePolicyPerceptionConcernUnityInternationalIsraelManifestMentalityPalestinianIgnoredApartheidTacticalSettlers Author:Richard A. Falk
“As Gandhi famously responded when asked about "Western civilization," "I wish they had one," the same applies to "international community": "I wish there was one."” WishCommunityCivilizationWesternInternationalWestern CivilizationInternational Community Author:Richard A. Falk
“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.” CountryStatesLawInterestLevelsBenefitsResourcesWestInvestmentSouthInternationalTerritoryProtectedSovereignParticipationDeprivedInternational LawLegality Author:Richard A. Falk
“The idea of self-determination was gradually given credibility by international law, and it lent strong emancipatory support to movements of liberation struggling against a West-centric world order. Latin American countries used international law creatively, both to limit the protection of foreign investment by establishing the primacy of national sovereignty in relation to natural resources, and by building support for the norm on non-intervention in internal affairs.” WorldIdeasSelfCountryLawUsedOrderStrongGivenNaturalSupportStruggleMovementBuildingLimitsResourcesDeterminationRelationWestInvestmentAffairInternationalProtectionLiberationInternalsLatinSelf DeterminationSovereigntyNormInterventionCredibilityLatin AmericaNatural ResourcesWorld OrderInternational LawLatin AmericanPrimacyInternal AffairsNational Sovereignty Author:Richard A. Falk
“Both 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.” StatesUseLawUnitedUnited StatesPolicyInternationalIsraelCriminalsOccupationWarfarePalestineTacticsInternational Law Author:Richard A. Falk
“Human 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.” IfsHumansSelfFormLawUsedGivenLevelsResponsibilityRightsSecurityProtectDeterminationInternationalHuman RightsProtectionCriminalsAccountabilitySelf DeterminationApprovalRestraintNormDiplomacyCouncilInterventionContradictoryPretextInternational LawImpositionSecurity CouncilCriminal LawResponsibility To Protect 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 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
“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
