Category: Richard Falk

What if a Russian Snowden?

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By Richard Falk

‘Political crimes’ are non-extraditable and Snowden’s transfer to the United States for prosecution would have been a setback for human rights and international law

What is most troubling about how the Snowden case has played out diplomatically and via the media is the almost total refusal to focus attention on the central legal, moral, and political issues. The United States Government from the outset has acted as if it is entitled to have Snowden transferred to its custody because he is a fugitive from American criminal justice.

Pursuing this line of reasoning, Washington has exerted pressure on Latin American governments not to grant Snowden asylum and expressed disappointment with Hong Kong, China, and Russia for their refusal to comply with the U.S. request. The assumption has been that this is a simple instance of cooperative law enforcement, and it is thus unfriendly and unreasonable for another government to shelter Snowden by a grant of asylum.

Barack Obama has underscored the importance he gives to this issue by canceling a scheduled a high profile summit meeting in September with Vladimir Putin. He even contends that Russian non-cooperation in relation to Snowden exhibits a ‘Cold War mentality’ that backslides from recent instances of Russian-American cooperation such as after the Boston Marathon bombing.

Fairly construed, it would seem that it was Obama, not Putin, who was guilty of Cold War posturing. Read More »

Polarization doomed Egyptian democracy –

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By Richard Falk

Prefatory Note: I realize that some of the readers of this blog are unhappy with long blogs, and so I offer an apology in advance. My attempt is to deal with a difficult set of issues afflicting the Middle East, especially the seemingly disastrous Egyptian experiment with democracy that has resulted in a bloody coup followed by violent repression of those elected to lead the country in free elections. The essay that follows discusses the degree to which anti-Muslim Brotherhood polarization in Egypt doomed the transition to democracy that was the hope and dream of the January 25th revolutionary moment in Tahrir Square that had sent shock waves of joy around the world!

When polarization becomes worse than authoritarianism defer democracy

Doubting Democracy

We are living at a time when tensions within societies seem far more disruptive and inhumane than the rivalries of sovereign states that have in the past fueled international wars. More provocatively, we may be living at a historical moment when democracy as the government of choice gives rise to horrifying spectacles of violence and abuse.

These difficulties with the practice of democracy are indirectly, and with a heavy dose of irony, legitimizing moderate forms of authoritarian government. After years of assuming that ‘democracy’ was ‘the least bad form of government’ for every national setting, there are ample reasons to raise doubts. Such an admission is made reluctantly.

There is no doubt that authoritarian formsRead More »

Reviving the Israel-Palestine negotiations: The Indyk appointment

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By Richard Falk

It was to be expected. It was signaled in advance. And yet it is revealing.

The only other candidates considered for the job were equally known as Israeli partisans: Daniel Kurtzer, former ambassador to Israel before becoming Commissioner of Israel’s Baseball League and Dennis Ross, co-founder in the 1980s (with Indyk) of the AIPAC backed Washington Institute for Near East Policy; handled the 2000 Camp David negotiations on behalf of Clinton.

The winner among these three was Martin Indyk, former ambassador to Israel (1995-97; 2000-01), onetime AIPAC employee, British born, Australian educated American diplomat, with a long list of pro-Israeli credentials.

Does it not seem strange for the United States, the convening party and the unconditional supporter of Israel, to rely exclusively for diplomatic guidance in this concerted effort to revive the peace talks on persons with such strong and unmistakable pro-Israeli credentials?Read More »

Geopolitical winds blow in China’s direction

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By Richard Falk

Among those who comment influentially from the sidelines of power, there are new trends visible in thinking about American foreign policy. The most salient of these concerns is a shift away from the post-9/11 counter-terrorist agenda to a new phase of mainstream policy advocacy that emphasizes the renewed strategic importance of geopolitical rivalry among leading sovereign states. There is also a shift away from the temptations of military intervention and regime change as a favored Western tactic for sustaining influence in the post-colonial world.

There is a realization, at least temporarily, that adventures in military intervention, whether Afghanistan, Iraq, or Libya, are just that – ‘adventures,’ if not fiascos. And costly too, rarely a success even when overwhelming military superiority is brought to bear.

After the Vietnam War there emerged a similar reluctance to intervene overseas that was derisively labeled ‘the Vietnam Syndrome.’ It endured for more than a decade being finally overcome by the low-casualty victory in the Gulf War. I think it is safe to assume that for the rest of the Obama presidency, barring a major unforeseen development, that both counter-terrorism and military intervention will occupy a much lower place on the foreign policy agenda. This observation does not mean that such issues will disappear from view, as the recurrent debate on Syria shows. It does argue that they will be treated by political leaders as Gordian Knots, and addressed only warily and tangentially.

But power centers abhor a geopolitical vacuum. Read More »

Global Big Brother and the Snowden Hollywood chase

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By Richard Falk

The post below is a major revision of another piece on the Snowden Affair that was published in AlJazeera English recently. I have dwelled on the pursuit of Snowden because it raises such vital issues of principle, but also because so much of the public discourse has proceeded on a mistaken understanding of the applicable international law. Beyond the legal guidelines on extradition and asylum that are applicable, there are considerations of world order: protecting dissent and pluralism in a global setting in which the principal political actors are sovereign states that increasingly rely on secrecy and security rationales to constrain democratic open spaces.

What Snowden did was to expose this dynamic of constraint in relation to secret surveillance programs administered by private, for profit, contractors. Also exposed was the ‘Global Big Brother’ implications of extending surveillance to foreign societies and their governments. It is these questions that should receive our attention, and the Hollywood circus chase of Edward Snowden should cease for humanitarian and political reasons.

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I find the discourse surrounding the Snowden Affair bewildering. The latest reports suggest that the United States is using maximum political leverage, including coercive diplomacy, to discourage small Latin American countries from granting asylum to Edward Snowden. It is also complaining that Russia is giving Snowden ‘a propaganda platform’ and expressing its ‘disappointment’ with China/Hong Kong for its earlier refusal to expel Snowden back to the United States to face charges once his passport was cancelled.Read More »

Protecting Edward Snowden

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By Richard Falk

Such self-designated ‘wise men’ of our time as David Brooks and Tom Friedman, highly influential opinion and opinionated writers of the NY Times, have been telling their readers that Edward Snowden was decent and intelligent, but overstepped the law by arrogating to himself the disclosure of the ‘total data’ surveillance programs of the National Security Agency of the U.S. Government.

By deliberately releasing abundant evidence of the astonishing breadth and depth of surveillance, Snowden was clearly motivated by the concern that rights of privacy, the quality of democratic life, and respect for the sovereignty of foreign countries and the confidentiality of diplomatic events were being placed in jeopardy. For some, this bold decision to expose American intelligence gathering made Snowden a villain, called ‘a traitor’ by a variety of public officials including John Kerry, the Secretary of State.

There is no doubt that Snowden is guilty of violating espionage laws, which automatically almost constitutes treason for those who possess an ultra-nationalist mentality. Those who think this way believe Snowden deserves to be punished to the limits of the law, and that foreign governments friendly to this country should accede to Washington’s request for his detention and expulsion to the United States to face charges.

Of course for many others Snowden is a hero for our times, actions that should be honored by a Nobel Prize. Read More »

Whither Turkey: First thoughts after Gezi Park

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By Richard Falk

Written in Turkey, June 30, 2013

Preliminary Disclaimers

As the dramatic Turkish protests subside, or declare an intermission, this is a time to take stock, but cautiously.

Precisely when political reality explodes in unexpected ways, pundits come along suggesting comparisons, offering hastily constructed explanations, and cite influences and antecedents. Surprise is suppressed by most ‘experts’ who do all that they can to hide these awkward exposures of how little they knew about the explosive forces in society, which erupted without any advance notice. After the explosion these wannabe gurus step forth with undiminished confidence to tell us with learned demeanor why and how it happened, why it was almost inevitable to turn out as it did, and the most arrogant and often most influential even dare tell us what to expect next, and why it is good or bad.

While appreciating this fact of public life, let us take note that even the most wily intelligence agencies, with billions at their disposal, total command over mountains of secret data, running roughshod over the privacy and legal rights of even their own citizens and others to get it right on behalf of their government employers, still invariably miss ‘the jumps’ of change that are the real stuff of history.

Why are the historians of change so bad at anticipating these jumps of history? Partly, for the same reasons that even the most sophisticated vulcanists cannot predict with any accuracy an earthquake or volcano – as in politics, the tipping points in nature and society are rarely anticipated by interpreting scientific trends or through the analysis of incremental changes, but generally disclose themselves with an unforeseeable abruptness.

In reaction, an appropriate level of humility and tentativeness goes a long way, acknowledging these limits of understanding, suggesting hesitantly and explaining as best we can such charismatic events when they occur, taking due account of their distinctiveness and admitting our inability to access deeper meaning that lie beneath the surface of cascades of events.

Another type of difficulty associated with these interpretative ventures is the bias associated with the observer’s gaze. We are habitually trained and experienced to look at politics from above, whether our perspective is that of elites or counter-elites, but revolutionary impulses come, if and when they come, almost invariably from pressures generated from below, that is, from the ‘multitude,’ pressures that materialize by suddenly bursting forth as happenings that startle and reverberate (e.g. Nelson Mandela’s release from prison, the collapse of the Berlin Wall, the velvet revolution, the Jasmine Revolution, Tahrir Square, Occupy Wall Street).

The Gezi Park Protests

Was Gezi Park in Istanbul such a happening, as many here in Turkey hope? Read More »

Political infernos: United States, Turkey and Egypt

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By Richard Falk

Written June 28, 2013

Prelude

To begin with, I know of no truly mature political democracy on this, although to be sure some rest on a more stable political base than others. Most importantly, some forces of opposition despair of ever succeeding by democratic procedures, while others pin their hopes on the next election, or the one after that. Some democracies have greater economic stability or can boast of high growth rates, possess a larger private sector and bigger middle class with more to lose, than others. Some states are more vulnerable to foreign interference than others, and some have formidable foreign enemies that seek regime change or something worse.

Perhaps, more victimized than any most modern societies, Germany devastated after World War I was caught in the midst of recovering from a humiliating military defeat accentuated by vindictive victors, a resulting economic depression featuring high unemployment and runaway inflation. Its pathetic enactment of liberal democracy could neither find credible solutions nor adopt principled positions. It should not be surprising that an extreme form of political polarization emerged in response, producing disastrous results not only for Germany but for Europe and the world: Communism versus Fascism. Battles raged between these antagonists in the streets of German cities, and the Nazis emerged triumphant even at the ballot box, helped by the complicity of cartelized big business and the ethos of the Bavarian elites hostile to any hint of democratic politics. The rest is history.

Today, there exist an assortment of deeply worrisome encounters between political extremes brought on by a range of conditioning circumstances. As a first approximation I would mention three disturbing instances, each distinctive, yet each afflicted by destructive polarized politics: Egypt, Turkey, and the United States.Read More »

Blog ethics and politics

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By Richard Falk

During this apprentice period as a blogger I have learned and relearned how difficult it is to reconcile my interest in constructive dialogue on highly contested subject-matters with sustaining a tone of civility. Especially with respect to the Palestine/Israel struggle I have periodically failed, angering especially those who feel that their support of Israel is either inappropriately rejected or ignored. This anger is turned in the direction of personal insults directed either at me or at writers of comments, which induces those at the receiving end to reply in kind, and the result is a loss of civility, which alienates many other readers who tire of such futile and mean-spirited arguments.

By way of clarification, let me acknowledge that I regards two types of interaction as satisfying my goal of ‘constructive dialogue’: conversations between like-minded on matters of shared interest; exchange of views between those who adopt antagonistic positions on an array of concerns ranging from cultural assessment to political analysis. To favor conversations with like-minded means favoring those who share my convictions with respect to the themes addressed in posts, and is viewed as ‘bias’ by those who do not share these convictions. I feel unapologetic about this encouragement of conversation among the like-minded.

Some of my harshest critics complain that I am one-sided or stifle the freedom of expression of those whose comments I exclude on grounds of civility, Read More »

Gaza: 7th year of unlawful blockade

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By Richard Falk

Prefatory Note: I am posting a press release of yesterday, 14 June 2013, to take note of the start of the seventh year of the Israeli blockade. After the Mavi Marmara incident, 31 May 2010 and the more recent November ceasefire agreement between Israel and the Gaza government there was an undertaking to ease the blockade with respect to the flow back and forth of people and goods, but the situation remains desperate for the civilian population of Gaza that remains essentially locked into the Gaza Strip where economic destitution has reached epidemic extremes and where the water is mostly unfit for human consumption. The international community, and its main leaders, have commented adversely on the blockade, but nothing happens! It is this sense of powerlessness that is undermining the legitimacy and relevance of the United Nations to the suffering of the Palestinian people, and with particular relevance to the extreme ordeal of the civilian population of Gaza.

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