Category: Richard Falk

Special Rapporteur’s report on Occupied Palestine

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By Richard Falk

Prefatory Note: What follows below is the text of the report presented on 10 June 2013 to the Human Rights Council. It offers an overview of the situation from the perspective of human rights and international humanitarian law in occupied Palestine. Both Israel and the United States boycotted the session, presumably to express their displeasure with the report and my role as Special Rapporteur. UN Watch distributed a defamatory resolution calling for my dismissal from the position, and the United States delegate, Ambassador Donahue, called for my resignation. No government formally endorsed the UNW resolution, and so it was never acted upon, while I took the occasion of the press conference to confirm my unwillingness to resign, and on the contrary, to continue to do my best to reflect as honestly as possible the realities confronting the Palestinian people from the perspective of international law. In the open debate the European Union represented criticized what was called the inappropriate failure to limit my report to ‘law and facts,’ pointing particularly to what was described as ‘the political’ in paragraph 7. In that paragraph the report offers some comments on the futility of securing the Palestinian right of self-determination by way of resuming direct negotiations; by expressing such skepticism about the diplomatic track, the EU apparently regarded the assessment as political, but to my mind it was an appropriate comment on why the prospects for protecting and realizing Palestinian fundamental rights under international law are likely to remain in total eclipse.

The text below can be read in its formal context by using the link to the actual document to be found on the Human Rights Council website.
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Whose ‘Two State’ solution? End game or intermission?

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By Richard Falk

From many sources there is a widespread effort to resume a peace process that has in the past led to failure, frustration, and anger, and often to renewed violence. The newly appointed American Secretary of State, John Kerry, is about to make his fifth trip to Israel since the beginning of 2013, insisting that the two sides try once more to seek peace, and warning if this doesn’t happen very soon, the prospects for an agreed upon solution will be postponed not for just a year or two, but for decades.

Kerry says if this current effort does not succeed, he will turn his attention elsewhere, and that the United States will make no further effort. So far, aside from logging the air miles, seems perversely to be responsive to Tel Aviv’s demands for land swaps to allow settlement blocs to be incorporated into Israel and to promote further Palestinian concessions in relation to security arrangements, and totally unresponsive to Ramallah’s demands for some tangible signs from the Israeli government that resumed negotiations will not be another slammed door. In this vein, Kerry’s most ardent recent plea was at the Global Forum, an annual event organized under the auspices of the American Jewish Committee. Kerry told this audience that they possessed the influence to make the peace talks happen.

Somewhat surprisingly, even Marwan Barghouti writing from prison, Read More »

On Barack Obama’s re-election

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By Richard Falk

We share with your editorial (Nov. 11, 2012) the view that one of President Obama’s “singular contributions has been his vision of a world without nuclear weapons.” We would go further, and suggest that realizing this vision would ensure Mr. Obama a legacy of honor, not only for American, but for the world. Your editorial adds a caveat that nuclear disarmament “is a lofty goal that would not be achieved in his second term, or maybe for years after this.”

We dissent from this bit of conventional wisdom that almost always accompanies the affirmation of the goal, almost taking back what was so grandly proposed. In our view there has rarely been a better time to initiate a negotiated process of phased nuclear disarmament, and there is no reason that such a process should be stretched out over a long period. Read More »

Ending perpetual war? Endorsing drone warfare?

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By Richard Falk

That President Obama chose on 23 May to unveil his second term cautionary approach to counter-terrorism at the National Defense University epitomized the ambiguity of the occasion. The choice of venue was itself a virtual guarantee that nothing would be said or done on that occasion that challenges in any fundamental way the global projection of American military power.

Obama’s skillfully phrased speech was about refining technique in foreign policy, achieving greater efficiency in killing, interrogating the post-9/11 war mentality, and all the while extolling the self-mystifying glories of American exceptionalism. That is, only the United States, and perhaps Israel and NATO, possessed an entitlement to use force at times and places of the actor’s choosing without consulting the UN, respecting the constraints of international law, and heeding the admonition in the Declaration of Independence to show “a decent respect for the opinions of mankind.” Read More »

Responding to the Syrian challenge

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By Richard Falk

The issue facing the U.S. Government at this stage is not one of whether or not to intervene, but to what extent, with what objectives, and with what likely effects. More precisely, it is a matter of deciding whether to increase the level and overtness of the intervention, as well as taking account of what others are doing and not doing on the Assad regime side of the conflict. Roughly speaking, there have been interventions by the Turkey, the United States, Qatar, Saudi Arabia, Israel, and the EU on the insurgent side, and by Russia, Iran, Hezbollah on the regime side, with a variety of non-Syrian ‘volunteers’ from all over being part of the lethal mix.

From an international law perspective the issues are blurred and controversial, both factually and jurisprudentially. The Assad government remains the government of Syria from most international perspectives, despite having repeatedly perpetrated the most despicable crimes against humanity. Such behavior has eroded Syria’s status as a sovereign state Read More »

Palestine/Israel: On political precondition

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By Richard Falk

To the extent that diplomacy solves international problems it depends on the satisfaction of the political preconditions that must be met for negotiations between sovereign states to reach sustainable and benevolent results. To clarify the point, in situations where there is a clear winner and loser, political preconditions are irrelevant, as the winner can dictate the terms, either imposing them as was done after World War II in response to the unconditional surrender of Germany and Japan, or offering proposals on a ‘take it or leave it’ basis.

This is what Israel has attempted to do over the course of the twenty years that the Oslo Framework, the Roadmap, and the Quartet, have provided the ground rules for diplomacy with respect to Israel/Palestine negotiations.Read More »

Rethinking ‘Red lines”

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By Richard Falk

There are widespread reports circulating in the media that President Obama had not fully appreciated the political consequences of responding to a question at an August press conference that asked about the consequences of a possible future use of chemical weapons by the Assad regime. Obama replied that such a use, should it occur, would be to cross ‘a red line.’ Such an assertion was widely understood to be a threat by Obama either to launch air strikes or to provide rebel forces with major direct military assistance, including weaponry.

There have been sketchy reports that Syria did make some use chemical weapons, as well as allegations that the reported use was ‘a false flag’ operation, designed to call Obama’s bluff. As the New York Times notes in a front page story on May 7th, Obama “finds himself in a geopolitical box, his credibility at stake with frustratingly few good options.” Such a policy dilemma raised tactical issues for the U.S. Government about how to intervene in the Syrian civil war without risking a costly and uncertain involvement in yet another Middle Eastern war. Not responding also raises delicate questions of presidential leadership in a highly polarized domestic political atmosphere, already shamelessly exploited by belligerent Republican lawmakers backed by a feverish media that always seem to be pushing Obama to pursue a more muscular foreign policy in support of alleged America’s global interests, as if hard power geopolitics still is the key to global security.

What is missing from the debate on Syria, and generally from the challenge to American foreign policy, is a more fundamental red line that the United States at another time and place took the lead in formulating – namely, the unconditional prohibition of the use of international force by states other than in cases of self-defense against a prior armed attack. Read More »

Reflections taking off from the Marathon murders

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By Richard Falk
Written April 19, 2013 – before the manhunt ended

The dominant reactions to the horrific bombings on April 15th, the day of the running of the Boston Marathon, as well as the celebration of Patriots Day, have been so far: compassion for the victims, a maximal resolve to track down the perpetrators, a pundit’s notebook that generally agrees that Americans have been protected against terrorist violence since 9/11 and that the best way to prevail against such sinister adversaries is to restore normalcy as quickly as possible.

In this spirit, it is best to avoid dwelling on the gory details by darkly glamorizing the scene of mayhem with flowers and homage. It is better to move forward with calm resolve and a re-commitment to the revolutionary ideals that midwifed the birth of the American nation. Such responses are generally benevolent, especially when compared to the holy war fevers espoused by national leaders, the media, and a vengeful public after the 9/11 attacks that also embraced Islamophobic falsehoods.

Maybe America has become more poised in relation to such extremist incidents, but maybe not. It is soon to tell, and the somewhat hysterical Boston dragnet for the remaining at large and alive suspect does suggest that the wounds of 9/11 are far from healed

For one thing, the scale and drama of the Boston attack, while great, was not nearly as large or as symbolically resonant as the destruction of the World Trade Center and the shattering of the Pentagon. Also, although each life is sacred, the magnitude of tragedy is somewhat conveyed by numbers, and the Marathon incident has so far produced three deaths as compared to three thousand, that is, 1/1000th of 9/11.

Also important, the neocon presidency of George W. Bush, was in 2001 prior to the attacks openly seeking a pretext to launch a regime-changing war against Saddam Hussein’s Iraq, and the 9/11 events, as interpreted and spun, provided just the supportive domestic climate needed for launching an aggressive war against the Baghdad regime. The Iraq War was undertaken despite the UN Security Council failure to lend its authority to such an American deadly geopolitical venture and in the face of the largest anti-war global demonstrations in human history.

In 2001 the preferred American grand strategy, as blueprinted by the ideologues of the American Enterprise Institute and the Hoover Institution, was given a green light by the Bush/Cheney White House even in the face of the red lights posted both at the UN and in the streets of 600 or more cities around the world.

Although there are many distressing continuities that emerge if the Obama presidency is appraised by comparison with the counter-terrorist agenda of his predecessors, there are also some key differences of situation and approach. Read More »

Seeing in the dark

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By Richard Falk

Seeing in the Dark with Victoria Brittain

As with the best of journalists, Victoria Brittain has spent a lifetime enabling us to see in the dark! Or more accurately, she has shined a bright light on those whose suffering has been hidden by being deliberately situated in one or another shadow land of governmental and societal abuse, whether local, national, or geopolitical in its animus.

These patterns of abuse are hidden because whenever their visibility cannot be avoided, the liberal mythologizing of the decency of the modern democratic state suffers a staggering blow. In recent years this unwanted visibility has permanently tarnished the human rights credentials of the United States due to the spectacular exposés of the horrifying pictures of prisoner abuse at the Abu Ghraib prison in Iraq or various reports of grotesque treatment of Guantanomo detainees.

As with Bradley Manning and Wikileaks, the U.S. Government should be embarrassed by its response: a preoccupation with these unwelcome leaks of its dirty secrets, while manifesting indifference to the substantive disclosures of its endorsement of torture and other crimes against humanity. But it is not, and that has become and remains a deep challenge to all of us who wish to live in a society of laws, not sadistic men, a society based on ethics and human rights, not cruelty and dehumanization.

Once such secrets have been revealed, all of us are challenged not to avert our gaze, being reminded that upholding the rights and dignity of every person is the duty of government and the responsibility of all citizens, and when flagrant and intentional failures along these lines remain unchallenged, the credentials of decency are forever compromised.

This is but a prelude to commenting briefly upon Victoria Brittain’s extraordinary recent book of humane disclosure, Shadow Lives: The Forgotten Women of the War on Terror (London: Pluto, 2013; distributed in the United States by Palgrave Macmillan). Brittain is a journalist who not only sees in the dark, but what is even rarer among the restless practitioners of this profession, she stays around long enough to listen. Read More »

Open Letter – about the blogosphere and free speech

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By Richard Falk

I have had a recurrent struggle to set boundaries on the comments section of this blog. At first, I was determined to have an open forum welcoming critical commentary on any issue, excluding only those comments that seemed struck me as clear instances of hate speech.

This approach seemed to work okay except with respect to Israel/Palestine, which increasingly attracted either long argumentative comments posing a list of rhetorical questions or angry serial comment contributors that insulted me as well as others who had submitted comments that were interpreted by them as being pro-Palestinian or hostile to Israel and Zionism.

There was no symmetry in the sense the blog received no serial or long provocative comments written by those who more or less supportive of the Palestinian struggle for justice. From blog readers I received mixed reactions, but I was most persuaded by those who expressed dismay about the tendency to fill the comments section with insults and counter-insults or with argumentative views that did not invite serious dialogue.Read More »