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By Richard Falk

Prefatory Note
This post is a slightly modified version of my presentation to the Human Rights Commission of the Italian Parliament on October 11, 2017. The Commission is composed of members of Parliament and chaired by Hon. Pia Elda Locatelli, representing the city of Bergamo. The presentation was followed by a discussion, and a generally favourable response on the central issue of switching from an emphasis on ‘occupation’ to ‘apartheid.’

An Overview of Present Realities

We meet at a difficult time from the perspective of the Palestinian people: several developments nationally, regionally, and internationally now deprive Palestinians of that glimmer of hope that comes from seeing light at the end of the tunnel; more fully appraised, the situation is not as bleak for Palestinians as the picture of their struggle being painted from a realistic perspective.

A series of factors pointing in both directions can be identified, first to highlight the negative developments from a Palestinian perspective, and then to set forth several developments that are positive with regard to the Palestinian national movement aiming for decades to achieve a just and sustainable peace.

(1) The foreign policy priorities of regional and international political actors have increasingly shifted attention away from the Palestinian ordeal; developments internal to Israel have deliberately accentuated this inattention to Palestinian goals and rights; of special relevance in these regards are the ongoing wars and turmoil in Syria, Yemen, Libya, and Iraq, as well as deteriorating relations and rising tensions of the Iran/US relationship.

Further, there are the moves toward normalization of relations with Israel by the Gulf countries, especially Saudi Arabia; and the unsteady diplomatic approach of the Trump presidency that seems accurately interpreted as supportive of whatever the Israeli government chooses to do, including even accelerated settlement expansion and a rejection of the Palestinian right of self-determination.

(2) Israel and Zionist support groups have launched a variety of initiatives designed to convince the Palestinians that they have been defeated, that their struggle is essentially futile at this stage, and they should move on for their own sake, overtly renouncing their struggle and posture of resistance.

The pro-Zionist Middle East Forum, founded by Daniel Pipes has even sponsored a so-called ‘victory caucus’ that basically proclaims an Israeli victory as a way of demoralizing Palestinian activism and global solidarity efforts by treating Palestinian goals as a lost cause. Read the rest of this entry »

By Richard Falk

Lunch alone in a trattoria in the San Lorenzo neighbourhood of Rome, which is neither fashionable nor touristic. Noisy with students and young people at night, local places to hang out, some occupied spaces.

What struck me – in contrast to the U.S, Germany, even France, where I have recently been – is that Italy, and specifically Rome, is a deep culture that works for its working and middle classes, or put less structurally, for ‘ordinary people.’

Of course, this is an impression, but for me a rather convincing one, and harmonious with a morning cappuccino and croissant at a vibrant bar around the corner from a friend’s apartment where we are staying for a couple of days.

At the trattoria, there were about ten tables in the dining area. At one nearby, two men were playing a card game for small amounts of money with classical Italian faces, aged maybe 60 or 65, and singing and laughing intermittently. Read the rest of this entry »

By Richard Falk

Trump as President makes us think as never before about viability of the American version of constitutional democracy, that is, the ‘republic’ that Ben Franklin promised the people at the time of Constitutional Convention in Philadelphia.

We often forget that Franklin replied to the question by adding several words, “if you’ll keep it.”

With the election of Trump in 2016, these prophetic cautionary words have come home to haunt the country with a cruel vengeance.

Of course, arguably nuclear America had long abandoned the pretence of consensual government, and warmongering American had driven the point home with only a whimper of dissent from Congress, mainstream media, and the citizenry.

Imagine currently engaged in bombing six countries and combat operations in many more, and the loudest sound from the citizenry or media is an all-encompassing silence. Read the rest of this entry »

By Richard Falk
Professor emeritus of international law at Princeton University and University of California, Santa Barbara, board member of The Nuclear Age Peace Foundation and TFF Associate since 1985

Finally, the committee in Oslo that picks a winner of the Nobel Peace Prize each year selected in 2017 an awardee that is a true embodiment of the intended legacy of Alfred Nobel when he established the prize more than a century ago.

It is also a long overdue acknowledgement of the extraordinary dedication of anti-nuclear activists around the planet who for decades have done all in their power to rid the world of this infernal weaponry before it inflicts catastrophe upon all living beings even more unspeakable that what befell the cities of Hiroshima and Nagasaki on two infamous days in August 1945.

Such a prize result was actually anticipated days before the announcement by Fredrik Heffermehl, a crusading Norwegian critic of past departures from Nobel’s vision by the prize committee.

In making the prediction that the 2017 prize would be given in recognition of anti-nuclear activism Heffermehl prophetically relied on the outlook of the current chair of the Nobel selection committee, a distinguished Norwegian lawyer, Berit Reiss-Andersen, who has publicly affirmed her belief in the correlation between adherence to international law and world peace.

The recipient of the prize is ICAN, International Campaign to Abolish Nuclear Weapons, a coalition of more than 450 civil society groups around the world that is justly credited with spreading an awareness of the dire humanitarian impacts of nuclear weapons and of making the heroic effort to generate grassroots pressure sufficient to allow for the adoption of the UN Treaty on the Prohibition of Nuclear Weapons by 122 UN members on 7 July 2017 (known as the ‘BAN Treaty’). Read the rest of this entry »

By Richard Falk

International law is mainly supportive of Palestinian grievances with respect to Israel, as well as offering both Israelis and Palestinians a reliable marker as to how these two peoples could live normally together in the future if the appropriate political will existed on both sides to reach a sustainable peace.

International law is also helpful in clarifying the evolution of the Palestinian struggle for self-determination over the course of the last hundred years. It is clarifying to realize how the law itself has evolved during this past century in ways that bear on our sense of right and wrong in the current phase of the struggle.

Yet at the same time, as the Palestinians have painfully learned, to have international law clearly on your side is not the end of the story. The politics of effective control often cruelly override moral and legal norms that stand in its way, and this is what has happened over the course of the last hundred years with no end in sight.

The Relevance of History

2017 is the anniversary of three crucial milestones in this narrative:

(1) the issuance of the Balfour Declaration by the British Foreign Secretary a hundred years ago pledging support to the World Zionist Movement in their campaign to establish a homeland for the Jewish people in Palestine;

(2) the passage of UN General Assembly Resolution 181 seventy years ago proposing the partition of Palestine between the two peoples along with the internationalization of the city of Jerusalem as a proposed political compromise between Arabs and Jews; and

(3) the Israel military occupation of the West Bank, East Jerusalem, and the Gaza Strip over fifty years ago after the 1967 War.

Each of these milestones represents a major development in the underlying struggle.

Each combines an Israeli disregard of international law the result of which is to inflict major injustices on the Palestinian people. Without due regard for this past, it will not be possible to understand the present encounters between Israelis and Palestinians or to shape a future beneficial for both peoples that must take due account of the past without ignoring the realities of the present.

Israel is sophisticated about its use of international law, invoking it vigorously to support its claims to act in ways often motivated by territorial ambitions and national security goals, while readily evading or defying international law when the constraints of its rules interfere with the pursuit of high priority national goals, especially policies of continuous territorial encroachment at the expense of reasonable Palestinian expectations and related legally entrenched rights.

To gain perspective, history is crucial, but not without some unexpected features. Read the rest of this entry »

By Richard Falk

I suggest that Zionists fond of smearing critics of Israel as ‘anti-Semites’ take a sobering look at the VICE news of the white nationalist torch march through the campus of the University of Virginia the night before the lethal riot in Charlottesville.

In this central regard, anti-Semitism, and its links to Naziism and Fascism, and now to Trumpism, are genuinely menacing, and should encourage rational minds to reconsider any willingness to being manipulated for polemic purposes by ultra Zionists.

We can also only wonder about the moral, legal, and political compass of ardent Zionists who so irresponsibly label Israel’s critics and activist opponents as anti-Semites, and thus confuse and bewilder the public as to the true nature of anti-Semitism as racial hatred directed at Jews.

There must be less incendiary ways of fashioning responses to the mounting tide of criticism of Israel’s policies and practices than by deliberately distorting and confusing the nature of anti-Semitism.

To charge supporters of BDS, however militant, with anti-Semitism dangerously muddies the waters, trivializing hatred of Jews by deploying ‘anti-Semitism’ as an Israeli tactic and propaganda tool of choice in a context of non-violent expressions of free speech and political advocacy, and thus challenging the rights so elemental that they have long been taken for granted by citizens in every funcitioning constitutional democracy.

It is worth recalling that despite the criticisms of BDS during the South African anti-apartheid campaign, militant participants were never, ever smeared, despite being regarded as employing a controversial approach often derided as counterproductive in politically conservative circles.

And of course it is not only Zionists who have eaten of this poisonous fruit. Read the rest of this entry »

By Richard Falk

We are living amid contradictions whether we like it or not, driving expectations about the future toward opposite extremes.

Increasingly plausible are fears that the ‘sixth extinction’ will encompass the human species, or at least, throw human society back to a technology of sticks and stones, with a habitat limited to caves and forests.

This dark vision is countered by gene-editing designer promises of virtual immortality and super-wise beings programming super-intelligent machines, enabling a life of leisure, luxury, and security for all.

Whether the reality of such a scientistic future would be also dark is a matter of conjecture, but from a survival perspective, it offers an optimistic scenario.

On political levels, a similar set of polar scenarios are gaining ground in the moral imagination, producing national leaders who seem comfortable embracing an apocalyptic telos without a second thought.

The peoples of the world, entrapped in a predatory phase of global capitalism, are using their democratic prerogative to shut down dissent, rationality, and science. Read the rest of this entry »

By Richard Falk

Prefatory Note
The text below is drawn from a talk given at the Spring Festival of the Arts in Beirut, Lebanon on 15 June 2017. Comments welcome.

How can we understand the present unfolding world order, with special reference to its relevance for developments in the Middle East? In my view a fundamental reversal of political expectations has taken place that calls for a new assessment of what is going on, and where the region and the world seem to be heading.

Twenty-five years ago there were three widely held beliefs about future trends on a global level: the assured preeminence of the United States; the continuing globalization of the world economy; and the expanding democratization of national governance arrangements.

It was also assumed that these trends were more or less descriptive of regional realities, including the Middle East.

Each of these trends that seemed so descriptive 25 years ago now seems to be completely out of touch with what is happening around us that is very disappointing when compared with earlier expectations, no where more so than in the Middle East.

These disillusioning changes of perception are contributing to a growing anxiety about what the future portends for all of us.

In addition to these changes of expectation as to international behavioral patterns, there exist a cluster of deeper tensions that concern the very nature of the human condition, extending to challenges directed at the sustainability and quality of life on the planet.

One unfortunate consequence of the preoccupation with these disturbing recent international political realities is that much needed attention is diverted away from these more fundamental issues of an ecological, technological, and cultural character.

As an American, I am especially conscious of the enormous and costly diversionary impact that the Trump presidency is having in weakening the understanding and planning needed if humanity is to have any realistic chance of coping with these emerging threats of great magnitude that have never been confronted in the past.

The most serious menace posed by Donald Trump, who is most accurately regarded as the first right-wing populist tweeting demagogue of the digital age, is his extraordinary talent to shift the conversation from the awkwardly significant to the banal trivial.

He is exerting a great influence on public discourse not only in America but in the world, especially by diluting our perceptions of crucial issues affecting the human species as a whole, including climate change as connected to the related decline of biodiversity, automation, robotics, artificial intelligence, and the destabilizing effects of these technologies of the digital age especially when applied to security arrangements and the broad spectrum of societal policies bearing on individual and collective human wellbeing.

Under the weight of these threats it is not surprising that a dystopian moment is beginning to dominate the cultural imagination.

It discloses itself through a fascination with post-apocalyptic films and an interest in older literary dystopias such as Huxley’s Brave New World, Orwell’s 1984, and Margaret Atwood’s The Handmaiden’s Tale. These books that imagined a future that is in some respects our present are being widely read and discussed as if guidebooks to a set on conditions that were not anticipated.

Within the American political space the fragility of American democracy was prefigured in Sinclair Lewis’s It Can’t Happen Here as well in scary premonitions of the imminence of digital age fascism put forward in the recent radical feminist post-apocalyptic novel, The Book of Joan (2017) by Lidia Yuknavitch.

Also indicative of the foreboding quality of the prevailing Zeitgeist is a bestselling booklet that is a collection of identifying markers of tyranny by the prominent historian, Timothy Snyder, with a deliberately provocative title and a pedagogical rationale, On Tyranny: Twenty Lessons from the Twentieth Century (2017).

This ‘dystopian moment’ is reinforced by the absence of positive scenarios of the future, and the dismissal of the utopian imagination as worse than irrelevant because it allegedly created receptivity to promises that when translated into political reality produce totalitarian nightmares.

In effect, utopias, correctly understood, have themselves become in these dark times a disguised form of dystopia.

A recovery of societal confidence is a key precondition of envisioning a better future. Its loss is one dimension of the crisis confronting humanity at this time, and these days such failures of moral and political imagination are generally overlooked in the public sphere that is obsessively focused on the latest daily episode in the Trump political soap opera.

Naomi Klein reminds us in a recent interview, “Trump is not the crisis but the symptom of the crisis.” The point is that we must make the effort to grasp the social and political forces that gave rise to Trump and Trumpism. Klein also insisted that the negativity of progressive thinking in recent decades has had little political traction because it fails to present a positive alternative to the angry negativity of right-wing populism that targets the established order.

Klein’s new book has the title No Is Not Enough: Resisting Trump’s Shock Politics and Winning the World We Need.

Her text impressively couples a necessary critique of Trump’s pernicious leadership with an affirmative vision of how to move the political process in emancipatory directions. Read the rest of this entry »

By Richard Falk

Why the peoples of the world need the UN: multilateralism, international law, human rights, and ecological sustainability

A Point of Departure

When Donald Trump withdrew American participation from the Paris Climate Change Agreement in early June of this year a bright red line was crossed. Most obviously, there were a series of adverse substantive consequences associated with weakening an agreement that was promising to provide critical interim protection against severe harms to human wellbeing and its natural habitat threatened by further global warning. U.S. withdrawal from Paris was also a rather vicious symbolic slap at multilateralism under UN auspices.

We should recall that the agreement was rightly hailed at the time as the greatest success ever achieved by way of a multilateral approach to international problem solving.

The Paris Agreement was indeed a remarkable achievement, inducing 195 governments representing virtually every sovereign state on the planet to sign up for compliance with a common agreed plan to address many of the challenges of climate change in the years ahead. To reach such an outcome also reflected a high degree of sensitivity to the varied circumstances of countries, rich and poor, developed and developing, vulnerable and less vulnerable.

The Paris withdrawal also exhibited in an extreme form the new nationalistic posture adopted by the United States in relation to the UN System, and a major retreat from the leadership role at the UN that the U.S. had assumed (for better and worse) ever since the Organization was established in 1945.

Instead of fulfilling this traditional role as the generally respected cheerleader and predominantly influential leader of most multilateral lawmaking undertakings at the UN and elsewhere the U.S. Government has instead apparently decided under Trump to become obstructer-in chief.

This Trump/US assault on the UN approach to cooperation among sovereign states and global problem solving and lawmaking is particularly troubling. This manifestation of the new American approach in the policy domain of climate change is particularly disturbing. Read the rest of this entry »

By Richard Falk* and David Krieger**

TFF PressInfo # 420
June 30, 2017

Prefatory Note
This jointly authored essay was initially published in The Hill on May 30, 2017 under the title, “Averting the Ticking Time Bomb of Nukes in North Korea.” We did not choose such a title that is doubly misleading: our contention is not that North Korea is the core of the problem, but rather the retention of nuclear weapons by all of the states pose both crises in the context of counter-proliferation geopolitics and with respect to the possession, deployment, and development of the weaponry itself; a second objection is with the title given the piece by editors at The Hill.

While acknowledging the practice of media outlets to decide on titles without seeking prior approval from authors, this title is particularly objectionable. The term ‘nukes’ gives an almost friendly shorthand to these most horrific of weapons, and strikes a tone that trivializes what should be regarded at all times with solemnity.

Alarmingly, tensions between the United States and North Korea have again reached crisis proportions. The United States wants North Korea to curtail any further development of its nuclear weapons program, as well as to stop testing its missiles. North Korea evidently seeks to bolster its security by acquiring a sufficiently robust deterrent capability to discourage an attack by the United States.

The unpredictable leaders of both countries are pursuing extremely provocative and destabilizing patterns of behavior. Where such a dangerous interaction leads no one can now foresee. The risk of this tense situation spiralling out of control should not be minimized.

It is urgent that all governments concerned make a sober reassessment in a timely manner. The following questions need to be addressed:

• What can be done to defuse this escalating crisis?

• What should be done to prevent further crises in the future?

• What could be learned from recurrent crises involving nuclear weapons states?

It is discouraging that the White House continues to rely mainly on threat diplomacy. It has not worked in responding to North Korea’s nuclear ambitions for the past few decades, and it is crucial to try a different approach.

Currently, there are mixed signals that such a shift may be underway. President Trump has turned to China, imploring that it use its leverage to induce Kim Jong-un to back down, and has even mentioned the possibility of inviting Kim for crisis-resolving talks. Also relevant and hopeful is the election of Moon Jae-in as the new president of South Korea, and his insistent calls for improved relations with the North.

In the end, no reasonable person would opt for another war on the Korean Peninsula. The only rational alternative is diplomacy. But what kind of diplomacy?

American reliance on threat and punitive diplomacy has never succeeded in the past and is almost certain to fail now. We assuredly need diplomacy, but of a different character.

It is time to abandon coercive diplomacy and develop an approach that can be described as restorative diplomacy. Coercive diplomacy relies on a zero/sum calculus consisting of military threats, sanctions, and a variety of punitive measures. Read the rest of this entry »