Category: International law

Syria – U.S. war making at the expence of democracy

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By Richard Falk
August 31, 2013

The U.S. Government rains drone missiles on civilian human targets anywhere in the world, continues to operate Guantanamo in the face of universal condemnation, whitewashed Abu Ghraib, Bagram, and the torture memos, committed aggression against Iraq and Afghanistan, and invests billions to sustain its unlawful global surveillance capabilities. Still, it has the audacity to lecture the world about ‘norm enforcement’ in the wake of the chemical weapons attack in the Ghouta suburb of Damascus.

Someone should remind President Barack Obama and Secretary of State John Kerry that credibility with respect to international law begins at home and ends at the United Nations. Read More »

Globalizing homeland security – the U.S. drift toward autocracy

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By Richard Falk

The drift toward autocracy: It is not just one thing that should worry us about the authoritarian tendencies of the Obama presidency, but one thing after another. The cumulative effect of it all.

The latest sign of the times was the August 19th detention of David Miranda, Glenn Greenwald’s partner, at Heathrow Airport under the British anti-terrorist law for nine hours. His laptop, cell phone, and other electronic devices were also confiscated, and presumably examined. We need to wonder what is so frightening about ‘the Snowden documents’ that it induces these flagrant intrusions on the privacy and confidentiality of journalists, and now even their associates who are not known to be accomplices.

President Obama keeps reassuring Americans, and indeed the world, that he shares a concern for protecting elemental rights, and yet he seems to spare no means to move against disclosures of information that seems awkward for the United States and some allies even when not of particular interest to Al Qaeda and the like.Read More »

Snowden’s post-asylum relevance

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By Richard Falk

Now that Snowden has been given temporary asylum in Russia for a year, attention in the drama has shifted in two directions, although overshadowed at the present by the horrific happenings in Egypt and Syria. The Snowden issues remain important, and it is too soon to turn aside as if the only question was whether the U.S. Government would in the end, through guile and muscle, gain control of Snowden. The issues that should continue to occupy us are as follows:

• interpreting the negative impact on U.S.-Russia relations;

• the claim that if Edward Snowden is a sincere whistle-blower he will now, despite asylum, voluntarily return to the United States to tell his story in open court so as to answer charges that he is guilty of criminal espionage and conversion of government property.

As before, to grasp this post-asylum phase of the Snowden drama a few aspects of the background need to be appreciated:

• right thing, but the structure of power that exist are working to their own ends to extend their capability at the expense of the freedom of all publics.”

• Russia (and China) never had an obligation: legal, moral, and political, to transfer Snowden in response to the extradition request of the United States Government. Even if there had been an extradition treaty, ‘political crimes’ are not subject to extradition for good reasons. In a plural international order, it is highly desirable to provide foreign sanctuary to those who act peacefully in opposition to an established national political order. The United States itself has engaged repeatedly in such practice, shielding even political fugitives who have engaged in terrorist acts, provided only that the target government was viewed as hostile by Washington at the time of the alleged crimes, e.g. Cuba, Nicaragua, Venezuela;

• the rationale for refusing to extradite Snowden is particularly strong given Read More »

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 »

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 »

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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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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The last colony: Beyond dominant narratives on the Western Sahara roundtable

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By Stephen Zunes

This is one of seven pieces in Jadaliyya’s electronic roundtable on the Western Sahara. Moderated by Samia Errazzouki and Allison L. McManus, it features contributions from John P. Entelis, Stephen Zunes, Aboubakr Jamaï, Ali Anouzla, Allison L. McManus, Samia Errazzouki, and Andrew McConnell.

Western Sahara is a sparsely-populated territory about the size of Italy, located on the Atlantic coast in northwestern Africa, just south of Morocco. Traditionally inhabited by nomadic Arab tribes, collectively known as Sahrawis and famous for their long history of resistance to outside domination, the territory was occupied by Spain from the late 1800s through the mid-1970s. With Spain holding onto the territory well over a decade after most African countries had achieved their freedom from European colonialism, the nationalist Polisario Front launched an armed independence struggle against Spain in 1973. This—along with pressure from the United Nations—eventually forced Madrid to promise the people of what was then still known as the Spanish Sahara a referendum on the fate of the territory by the end of 1975.
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