As such the meaning of hegemony is subject to varying interpretations depending on how the historical role of the United States is interpreted. Richard A. Falk More Quotes by Richard A. Falk More Quotes From 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. Richard A. Falk effortleaderlaw 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. Richard A. Falk violenceorderenemy 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. Richard A. Falk islamiceuropecountry 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. Richard A. Falk politicalleaderhumanity 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. Richard A. Falk politicalviewsthinking 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. Falk impactbalancethinking 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'. Richard A. Falk ethoseffortleader 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. Richard A. Falk erosiondemocracyrights 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. Richard A. Falk western-valuessixrights 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. Richard A. Falk accountabilitylevelsisrael 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. Richard A. Falk impactissueslaw 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. Richard A. Falk determinationresponsibilityself 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. Richard A. Falk effectivenessturkeysideas 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. Richard A. Falk warorderreality 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. Richard A. Falk warcountryreality 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. Richard A. Falk punishmentisraelleader 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. Richard A. Falk atmospherecitizensgovernment 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. Richard A. Falk democracyspeechreality 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. Richard A. Falk variablesshiftingalternatives 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. Richard A. Falk agree-upondefinitionsviolence
