Category: International law

Koran burning in Afghanistan: Mistake, crime, and metaphor

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By Richard Falk

On February 20, 2012 several American soldiers, five having been identified as responsible at this point, took some Islamic writings including several copies of the Koran to a landfill on Bagram Air Base in Afghanistan where they were burned. As soon as Afghan workers on the scene realized that Korans were being burned, they recognized what was happening as an act of desecration, and launched an immediate protest. The protest spread rapidly throughout the country, and turned violent, producing at least 30 Afghan deaths, as well as five dead American soldiers that also produced many non-lethal casualties.Read More »

Reciprocity, lawfare and self-defence: Targeted killing

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By Richard Falk

This post is a modified and expanded text of a contribution to a Jadaliyya roundtable on targeted killing posted on March 5, 2012, and responding to the article by Lisa Hajjar referred to in the opening paragraph.

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There is an emergent Israeli/American controversy on the lawfulness of targeted killing. Although the policy has not yet attained the status of being a national debate, there are signs that it may be about to happen, especially in light of the Attorney General, Eric Holder’s Northwestern Law School speech on March 5, 2012 outlining the Obama’s administration’s controversial approach to targeted killing in some detail. Lisa Hajjar convincingly narrates how the “legalization” of targeted killing has evolved over the course of the last twenty years. [Hajjar, “Lawfare and Targeted Killing Developments in the Israeli and U.S. Contexts,” Jadaliyya, Jan. 15, 2012] She there calls attention to the analogy to the torture debate that, in many ways, defined the political and moral identity of the Bush presidency in the aftermath of the 9/11 attacks, and even caused moral and legal fissures to develop that divided the American people unto this day.

Hajjar shows that it was Israel that first crossed the threshold of legality in response to a wave of suicide bombings that traumatized Israeli society in the 1990s. In other words, targeted killing became a tactic of choice for both the Israel and the United States as part of the preventive logic of counter-terrorism, that is, placing a premium on eliminating threats before harm is inflicted rather than the reactive logic of striking back and retaliating. The upsurge in targeted killing seems responsive to the belief that neither defensive strategies nor deterrence, nor massive retaliation are appropriate or effective against a terrorist adversary, especially if the violence might accompanied by the readiness of a perpetrator to die while carrying out a mission.Read More »

The Menace of Present & Future Drone Warfare

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By Richard Falk

After the atomic bombs were dropped on Hiroshima and Nagasaki, and the colossal scale of devastation disclosed, there was a momentary embrace of sanity and rationality by world leaders and cultural commentators. There was a realization that living with such weaponry was at best a precarious journey into the future, and far more likely, an appointment with unprecedented human catastrophe if not apocalypse.

What to learn from the ongoing existence of nuclear weaponry

This dark mood of foreboding did produce some gestures toward nuclear disarmament tabled initially by the U.S. Government, but in a form that reasonably struck others at the time, especially the Soviet Union, as a bad bargain — the U.S. was proposing getting rid of the weapons for the present, but retaining the materials, the technology, and the experience needed to win handily any nuclear rearmament race. Read More »

Armenia: Healing the wounds

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By Richard Falk and Hilal Elver

Seeking closure for the 1915 Armenian massacres

Recently the National Assembly, France’s lower legislative chamber, voted to criminalize the denial of the Armenian genocide in 1915, imposing a potential prison sentence of up to one year as well as a maximum fine of 45,000 Euros. The timing of this controversial initiative seemed to represent a rather blatant Sarkozy bid for the votes of the 500,000 French citizens of Armenian descent in the upcoming presidential election. Read More »

Waging War against Iran is a Criminal Act, in Violation of International Law

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By Francis A. Boyle

Article 2 (3) of the United Nations Charter requires the pacific settlement of the international dispute between the United States and Iran. To the same effect is article 33 and the entirety of Chapter VI of the United Nations Charter that mandate and set up numerous procedures for the pacific settlement of the international dispute between the United States and Iran. And of course Article 2(4) of the U.N. Charter prohibits both the threat and use of force by the United States against Iran.Read More »

The Kuala Lumpur War Crimes Tribunal: Bush and Blair guilty

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By Richard Falk

This post is modified version of a text published by Al Jazeera a few days ago. It is a sequel to the piece entitled “Toward a Jurisprudence of Conscience,” and will be followed by an assessment of the Russell Tribunal on Palestine session in Cape Town, South Africa investigating the allegations that Israel is guilty of imposing apartheid on the Palestinian people, considered by the Rome Treaty framework of the International Criminal Court to be a crime against humanity.

Criminal Justice in Kuala Lumpur

In Kuala Lumpur, after two years of investigation by the Kuala Lumpur War Crimes Commission (KLWCC), a tribunal (Kuala Lumpur War Crimes Tribunal or KLWCT) consisting of five judges with judicial and academic backgrounds reached a unanimous verdict that found George W. Bush and Tony Blair guilty of crimes against peace, crimes against humanity, and genocide as a result of initiating the Iraq War in 2003, and in the course of maintaining the subsequent occupation. Read More »