Archive | November, 2024

A Holiday Message: Thanksgiving Day 2024

27 Nov

The Thanksgiving Day holiday was first observed by colonists in New England and Canada  as random days of ‘thanksgivings,’ in the form of prayers for blessings of safe journeys, military victories, or abundant harvests. Americans later more self-consciously modelled their holiday celebration after a 1621 harvest feast shared between the Wanpanoag and some English colonists seeking refuge from persecution in their British homeland, becoming known as the ‘Pilgrims.’

In most North American homes, families now celebrate mainly the blessings of being together without any acknowledgement or even awareness of the historical legends surrounding the transformation of religious rituals to the national holiday known by all as Thanksgiving Day. It has become a way of giving thanks for the blessings of life without attention to the dark foundations of these breakaway British colonies, including genocidal tactics employed to clear coveted land of native peoples as well as the importation of slaves from Africa to make the land productive while cruelly abusing these workers of cotton fields and farmlands forcibly removed from their distant homelands by the most predatory crimes of early capitalism. For progressives as with some other naively celebrated holidays, most notably, Columbus Day, these celebratory occasions have increasingly become times to take note of past moral failures societal and state criminality.

This year Thanksgiving Day assumes an especially problematic character, not because of the past but because of the present. For me it is better observed in the spirit of A DAY OF REMEMBRANCE AND REMORSE. Such a dark perspective is adopted to produce creative tensions between the enjoyment of a turkey meal with the onset of deliberately induced mass starvation in the Gaza Strip among the Palestinian survivors of the Israeli onslaught of recent months, including interference with the delivery of food by international aid and relief workers. As well this year’s critical remarking of thanksgiving serves as a grim reminder of the instrumental role of the US Government in the escalation of nuclear risks and rejection of diplomacy in the Ukraine War. The United States, together with several NATO allies, is willing for delusional purposes to sacrifice Ukrainian lives and wellbeing while increasing prospects of a major war, so that it might humiliate Russia with a battlefield defeat.

By remembrance and remorse this year, we can reendow a popular holiday with the sobriety of a hard look at our national ethos of Western global hegemony is being experienced by the disillusioned and frightened peoples of the world. Hopefully, Thanksgiving Day 2025 can be celebrated in moderate, yet mindful, good faith as the blessings of precious life for all.

The ICC Issues Arrest Warrants for Netanyahu and Gallant: Winning the Legitimacy War

24 Nov

Richard Falk

The ICC delayed the formal issuance of ‘arrest warrants’ for top Israeli

political leaders directing the genocidal assault on Gaza for six months although

it responded affirmatively to a comparable request involving Putin’s alleged criminality in

Ukraine in less than a month after the Russian attack.

Double standards to be sure, yet ICC action is a welcome alternative to either denying the Chief Prosecutor’s recommendation of May 20 or delaying indefinitely to its decision on whether the arrest warrants should be issued. The ruling of ICC Pre-Trial Chamber 1 to issue arrest warrants for the Israeli Prime Minister, Benjamin Netanyahu, and the Minister of Defense, Yoav Gallant, in view of the overwhelming evidence of their responsibility for severe international crimes comes as big news. It is a mighty symbolic blow against geopolitical impunity and in favor of accountability.

If this ICC action is assessed by its ability to sway Israel’s short-term behavior in directions more in accord with international law, as well as to the majority views prevalent in the UN, the Global South, and world public opinion this ICC decision the cynical dismissal of Sub-Changer as ‘an empty gesture.’  Some argue that the tangible impact of arrest warrants, if any, will be to alter Netanyahu’s and Gallant’s future travel plans slightly. The decision obliges the 124 member states of the ICC to carry out arrests of these individuals should they be so bold as to venture onto their territory. Non-parties, including the US, Russia, China, Israel and others are not subject to this enforcement obligation. We should remember that Palestine is a party to the ICC treaty and thus if either Netanyahu or Gallant were to set foot in the Occupied Palestinian Territories of Gaza, West Bank, and East Jerusalem the governmental authority in Ramallah would be legally obliged to make arrests. Yet it would test the bravery of the Palestinian Authority far beyond its past behavior if it dared arrest an Israeli leader, however clear the obligation and no matter how strong the evidence against him. This assessment of tangible effect misses the point of why this is an historically significant development both for the Palestinian struggle and the credibility of the ICC.

Before putting forth an argument as to why this ICC move is a historic step, it seems responsible to acknowledge several important limitations:

                  –First and foremost, although the Prosecutor’s recommendation to the Sub-Chamber of the ICC was made in May (or eight months after Oct. 8th), it did not include even a mention of ‘genocide’ among the crimes attributed to these two leaders, which is of course the core criminality of the Israeli onslaught, as well as expressive of their role in the enactment of this ultimate international crime;

                  –Another notable limitation is the long ICC delay between recommending the arrest warrants and Sub-Chamber ruling. This was substantively inexcusable in view of the dire emergency conditions of devastation, famine, and suffering existing in Gaza during this interval, and aggravated by Israel’s obstruction of humanitarian assistance provided by UNRWA and other international aid and humanitarian organization to the Gazan civilian population in desperate need of food, fuel, electricity, potable water, medical supplies, and health workers.

                  –Also, the ICC decision remains subject to jurisdictional challenge once the arrest order has been finalized. The Nov 20 acceptance of jurisdiction is in a formal sense provisional as Israel’s objection to ICC jurisdictional authority was made prematurely, but can be made without prejudice despite its denial in the future now that the ICC has acted.

                  –Even in the highly unlikely event that arrests will be made, it is improbable that detention could be implemented, given the US Congressional legislation authorizing the use of force to liberate detainees from ICC captivity if US nationals or the accused as here are nationals of allies. There have been already intimations that some members of the US Senate and House will seek sanctions against the persons of the Chief Prosecutor, Karim Kahn, and the members of the ICC Pre-Trial Chamber. Such initiatives if actualized will further weaken the US reputation as supporter of the Rule of Law in international affairs.

Despite these formidable limitations, this invocation of the procedural authority of the ICC is itself a grim reminder to the world that accountability for international crimes should pertain to all governments and that the evidence against these two Israeli leaders has been assessed by objective and professionally qualified experts under the auspices of an international institution that is empowered by a widely ratified treaty to make a determination on the legal appropriateness of making such a controversial decision.

The ICC like the ICJ has no independent enforcement capability other than compliance by member states, but because the ICC is not part of the UN it at least are rendered, unlike the ICJ without being subject for enforcement to a right of veto that has paralyzed the UN Security Council throughout this period of Gaza violence. This does not mean that implementation will follow or that prosecution will go forward much less that future findings of guilt will be respected, in the event that they occur, as the older more venerable ICJ has found out to its dismay since its establishment in 1945. But both the ICC and ICJ in their judicial proceeding are formally free from ‘the primacy of geopolitics’ that so often overrides the relevance of international law or the UN Charter in other non-judicial venues.

An outcome of the sort that the ICC reached regarding the arrest warrants is a direct and authoritative application of international law, and in that sense produces no counter-arguments but it is subject to crude denunciations. Netanyahu calls the ICC ruling ‘absurd’ and a manifestation of antisemitism, while the American lame duck president, Joe Biden, has called the issuance of these arrest warrants as ‘outrageous’ but never tells the world why. This kind of verbal Israeli lashing of the ICC has in the past been directed at the UN itself in response to criticism of its policies in the Occupied Palestinian Territories.

The lasting and redeeming significance of the issuance of the arrest warrants is to help Palestine win the ‘legitimacy war’ being waged to control the high ground of law, morality, and public discourse. Political realists that continue to dominate foreign policy elites in important states dismiss international law and normative considerations in global security and geopolitically inflamed settings as a misleading distraction to interactions that are best guided, and in any event will be determined by the interplay of military force.

Such thinking overlooks the reverse experience of all anti-colonial wars in the prior century that were won by the weaker side militarily. The US should have learned this lesson in the Vietnam War in which it dominated air, sea, and land battlefields and yet lost the war. The weaker side militarily prevailed, that is, it prevailed in the legitimacy war, which more often than not has controlled the political outcomes since 1945 in internal conflicts waged around issues of national and ideological identity of sovereign states.  These outcomes reflect the decline in the historical agency of militarism even in the face of many seemingly breakthrough technological innovations in warfare on the part of aggressor states.

For this reason, yet mainly without this line of analysis, more and more close observers have come to the surprising conclusion that Israel has already lost the war, and in the process endangered its future security and prosperity, and possibly even its existence. In the end Palestinian resistance may achieve victory despite paying an unspeakable price exacted by such a horrifying genocidal assault. If this outcome comes to pass, one of the international factors that will be given attention is this ICC Sub-Chamber unanimous decision to issue arrest warrants against Netanyahu and Gallant. In this defining sense the frustrations with implementation of these arrest warrants are not the end of the story, but

are part of a larger historically unfolding narrative of ‘hope against hope.’ ##

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My 94th Birthday amid rubble and precious life

15 Nov

[Prefatory Note: my poem on navigating the narrowing channel

Between personal happiness and public gloom.]

My 94th Birthday amid rubble and precious life

1.Demons Prowling

For these last years I felt

It was strange to be still alive

When so many around me were dead

Stranger still to stay young within

To receive and give love

While the planet burns

And untamed demons prowl

Plunging the world into total darkness

It seems even

The night sky shares the gloom of earth

Even the stars retreat as if on strike

Against demon stalkers of the night

Prowling about their mansions of deceit

Trampling upon their manicured gardens

Hatefully howling in the darkness

Until the only safe comfort zones

Were hidden distant in  the galaxy

                       II. Precious Living

Yet despite the carnage

Roses bloom guarded by thorns

Gardenias retain their addictive aroma

A glorious bestowal of nature’s blessings

And yet we complain that it is not enough

Indulging our pure greed always wanting more

Yet our private and inner life eludes the grasp

Of beasts of prey and demons of the night

The joys of loving and being loved never age

Rather grow old together gathering wisdom

Year by year accepting and affirming what remains

What is lost as long as your love and presence

Resists abandonment, partners to the end

As long as the radiance of love infuses our lives

As long as the lives and legacies of our children

As long as this sturdy light of my life stays bright 

Bringing tears of delight of love’s deepest roots

Through time and emotional memories

Good and bad playful ironic serious

That long we know we are still alive

To what always matters most up close    

                       III. Jackal Dominion

Always darkness and light merge

At dawn and dusk never diverge

Almost as certain as death itself

Birds and cats know more than we

About the movements of earth and sky

Those blessed companions, therapists

Of the soul, minions of the heart

Until now spared from vengeful jackals

In control now our public destiny

Each day the shrouded bodies of babies

Subverts our sacred longing for serenity

With shrieks of horror by those left alive

While those others the jackals

Dare speak to us with gruesome clarity

Of unabashed evil means and ends

Yet they are there and we are here

For us living fearfully at a distance

Nothing worse is yet happening to me

Than nightly disturbances of sleep

But tomorrow a servant of the jackals

May knock hard on our door bringing

The news that that there is no more there

                    IV. Cry Freedom!

When slaves break their chains

And patriots of the earth become

Warriors gardeners poets engaging

In a fight worth winning for the sake

Of those we love and learn from

So long as the trusted soul breathes its light

While the body is busy with the work of dying

Life remains a precious gift of the god

Richard Falk

Santa Barbara, California

November 13, 2024

How Can the UN be Liberated from Geopolitics

8 Nov

[Prefatory Note: What follows is an interview conducted by Daniel Falcone withHans von Sponeck and myself on our collaborative book Liberating the UN: Realism with Hope (Stanford University Press, 2024). This interview was previously published in CounterPunch in late October. Since the interview Donald Trump has been elected the next President of the US, which would augur bad news for the UN, particularly in the areas of peace and security, and human rights.]

The United Nations: Failure by Design, Reform by Demand

By Richard Falk, Hans von Sponeck and Daniel Falcone

Former United Nations Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied, Richard Falk, and former United Nations Assistant Secretary-General and UN Humanitarian Coordinator for Iraq, Hans von Sponeck, are the authors of Liberating the United Nations: Realism with Hope (Stanford University Press, 2024). In this question and answer with Daniel Falcone, they break down the main arguments of their book along with the relevance of the UN Summit of the Future as well as the prospects for neoliberalism and the impacts of the western world’s rightward drift. Falk and von Sponeck complicate the term geopolitical term realism and discuss the ramifications for how global governance can move forward with hope. 

Daniel Falcone: Can you discuss the general thesis or main arguments of the book and how they connect to, take say, the specific UN failures in making a difference in Ukraine and Gaza, along with the respective reasons for their failures? 

Richard Falk: From our perspective there were several interlocking themes that induced us to write this book: 

1) UN exhibits an increasing marginality with respect to the maintenance of global security in relation to political conflicts and ecological stability at an historical moment where institutional guidance and multilateral cooperation was most needed to address urgent present and future challenges. 

2) The world needs global venues most legitimately provided by the UN to facilitate multilateral cooperation on a series of planetary challenges—war prevention, climate change, nuclear disarmament, genocide, and regulation of AI; a strengthened UN is the best hope for mitigating the current manner by which geopolitical centralized management of power and security and the more decentralized primacy accorded national interests exert control over conflict, diplomacy, ecological resilience. 

3) Although the UN has been disappointing to peace-minded and justice inclined sectors of public opinion, it has been a force for human betterment in such domains of international life as health, childcare, development, financial assistance, cultural heritage, environment protection, labor, disaster relief, and human rights, making it clarifying to distinguish between a war/peace UN and a functional UN. 

4) To perform in an effective manner that responds to the global public interest, the UN urgently needs structural and procedural reforms, including an expanded and more independent funding base, and more empowerment for the General Assembly, Secretary General, and International Court of Justice. 

5) As the well-intentioned SG’s September initiative ‘Summit for the Future’ made evident, political traction for a benevolent reform agenda does not presently exist at the level of the P5 nor as a priority of media or public opinion in the West, making the future of the UN and the protection of longer-term human interests and ecological resilience depend on the transnational activism of civil society.

Overall, despite the declining interest in the UN throughout the global West, especially the US, the UN currently plays an important role in promoting the daily betterment of tens of millions of human lives throughout the world. To strengthen its relevance to situations such as presented by the Ukraine War and the Gaza Genocide requires fundamental reforms as noted and a strengthening of UN capabilities to offset, and even overcome, the role of current forms of geopolitics in the management of global power and security, which has taken hegemonic, and militarist turns since the collapse of the Soviet Union more than 30 years ago.   

Hans von Sponeck: I consider three issues discussed in the book as of major importance:

  1. We reviewed in our book the cooperation of the executive/operational UN of specialized agencies, funds and programmes over time and concluded that this system has come a long way during the past eighty years – from ’splendid isolation’ in the early years, when individual UN entities executed their programmes without any outreach to their UN counterparts to broad-based inter-agency integration in recent years. The result: One UN system programme, headed by one UN official, the UN Resident Coordinator, working with one budget, and being housed in one building – a pattern which has been adopted by more and more UN country teams. This, we argue, should become the mandatory approach wherever the UN system has programmes.
  • There is another level of ‘link-up’ which is significantly more complex: the cooperation between the UN‘s political and peace-keeping missions concerned with conflict prevention and peacebuilding and the UN country teams involved in economic and social development. As we indicate, only recently has the red line between the Security Council and the General Assembly and the operational UN become less red allowing integrated UN approaches. We consider this a valuable and far-reaching accomplishment and a milestone  on the UN’s road to liberation. We would hope that the UN Pact for the Future, the UNGA has started to debate, will lead to structural coherence and coordination in multi-lateral circumstances.
  • The third major area of concern, we have addressed, has to do with the financing of the UN. The budget at the disposal of the UNSG has been pitifully inadequate at all times. In 2022 it amounted to $3.1 billion, or less than 45 cents /pp on the planet. We have recognized three serious financing issues: i. the perennial annual cash shortfall and the aggravating late payments by many member government; ii. the absence of alternative sources of finance which could provide much needed additional resources and also help to protect the organisation against financial blackmail; iii. the de-funding threats by some governments to influence UN policies, UN work content and the appointment of senior UN officials.

Daniel Falcone: What do you think will be the tone and approach for the upcoming UN Summit of the Future based on the findings you present in the book?

Richard Falk: As suggested, the UN Summit of the Future prepared documents and held meetings of governments that set forth in comprehensive and ambitious frames what needs to be done by sovereign states and the UN to address presently perceived principal global challenges. This provides both desirable policy guidelines, positive world order agendas and goals, and markers of progress. It also will determine whether there is sufficient political traction to lessen corporate and nationalist short-termism, promote respect for Charter values including enhanced respect for international law, and induce governments to align their behavior and advocacy with global and human interests. To achieve such results also would benefit from an improved UN pedagogy, which our book hopes to encourage, on the benefits of a more autonomous UN more endowed with the capabilities need to perform along the lines pledged by the Preamble to the UN Charter. The realist narrative that best tell the UN story from time of creation is one of realism without hope to realism with hope as reinforced by moral, ecological, and survivalist imperatives.

Despite such reasoning, there is little reason to be hopeful in the present atmosphere of distrust and enmity, especially so long as the US insists on coercively managing global security and Western hegemony within a framework alliance politics that is no longer able to enjoy the confidence or even the acquiescence of most countries in the Global South. What is more probable in reaction to these anarchic and hegemonic features is the increasing formation of likeminded deWesternizing coalitions in the Global South that seek to balance Global West ambitions and strategic concerns, especially with respect to trade, finance, investment. energy, and environmental protection.   

Hans von Sponeck: The UN General Assembly has passed a resolution on a ‘Pact for the Future’ (GA/12641 of 2 October 2024). In 52 action points which include such key reform issues as the adoption of an ‘inclusive process to adapt international cooperation to the realities of today and the challenges of tomorrow’ and ‘ the most progressive and concrete commitment to Security Council reform’ and  ‘the representation of  the SC redressing  the historical underrepresentation of Africa’. This can only be welcomed. As there is no reference in this resolution of the ‘how’, the ‘who’ and the ‘when’, the GA has taken no more than a small step in what is undoubtedly going to be a long and complicated reform process. What is most disconcerting is that member countries were not given an opportunity to debate the draft resolution but only asked to react to a draft. This explains the decision by seven countries, including the P5 member Russia, which have voted against this resolution. The reform debate has thus started on a confrontational note.

Daniel Falcone: How can the United Nations regain its footing in terms of its effectiveness and legitimacy in your view without succumbing to the dangers of a global rightward drift?

Richard Falk: I believe that the Global South with the support of China should focus on the need for Charter reform that reflects the will of governments sensitive to the material needs, as well as social protection and equitable distributions of wealth that benefit the great majority of the world’s peoples. With the collapse of European colonialism and the dissolution of the Soviet Union, as well as the developmental progress of many countries, the political landscape of 1945 is hopelessly out-of-date if one objective of the UN is to reflect contemporary realities, priorities, and challenges. The UN must be empowered to play a much greater role with respect to war mitigation and genocide/atrocity prevention. 

The current largely voluntaristic approach to respect for international law also must end and be replaced by an ethos of obligatory respect. Such changes could take various forms, above all, placing restrictions on the P5 right of veto in the Security Council, lessoning of limitations on General Assembly authority by allowing the passage of binding recommendations, enhancing the role of the  International Court of Justice (ICJ) by way of decisions, submission of international legal disputes between states, the absence of assured enforcement of decisions due to a dependence on the Security Council for implementation, and the designation of international law guidance in response to UN requests for clarification as authoritative for legal issues now labeled as ‘Advisory Opinions.’  

The existing UN Charter does not situate international law in such a way as to give its legal assessments the force of law in the manner of a well-ordered national society. Such a framework of international law as the UN has embodied up to this point could be satirized by humorists as an Orwellian trope that strains the limits of language usage.

This ambivalence toward international law is what has made the UN as a political actor compatible with a behavioral code within the UN acknowledging the primacy of geopolitics in relation to the management of security and power in international relations. In effect, during the Cold War, this geopolitical dimension of the UN was most significantly exhibited by the standoff between the NATO alliance and the Warsaw Pact that formed the basis of mutual deterrence, respect for geopolitical fault lines, and the self-limitations of Great Power conflict to ideological hostility and peripheral warfare (as in Korea, Vietnam, East Europe), combined with a mutual commitment to avoid escalation in the context of geopolitical confrontations. 

When Russia replaced the Soviet Union with reduced global political leverage and China stayed out of the costly game of geopolitical rivalry, the US-led Western rivalry took over geopolitical space, arming the world and accepting the expense of constructing a non-territorial ‘global state.’ Even before the Ukraine War, which among other things represented a Russian attempt to reenter geopolitical space, and the Gaza Genocide that illustrated how far the Western alliance would go in violating the global public interest in upholding minimal morality and its own supposed ethical values as well as respecting certain outer limits on the internal uses of political violence, it became obvious that this post-Cold War period of international relations was coming to an end in a manner that gave no positive edge to the behavior of the most liberal democracies as compared to the more internationally engaged autocracies.

This meant that UN would swallow its institutional pride and accept its continued marginality when it came to global security and relations among the centers of military and economic power. Or the UN and its membership must challenge such an identity in a coherent and persuasive way with rising support from deeply worried and aroused civil society forces that seeks to tame both geopolitics and its corporate and finance beneficiaries. Already there are signs, especially in relation to the world economy, that if the UN is not de-Westernized considering its post-colonial identities, then forms of inter-governmental institutional cooperation will be increasingly relied upon to achieve the sort of reforms reflective of the changed realities. Both the increasingly active BRICS and the Chinese cooperative development frameworks are illustrative of how the role of the UN is being addressed by an awakening Global South.

Meanwhile, an American bipartisan political elite is entrapped in a delusional trance, believing that ‘the world’ welcomes and needs US global leadership of the kind that evolved in the post-Cold War era, which hastened another kind of retreat from earlier claims of establishing a UN for the peoples of the world. The Clinton, G.W. Bush, and Biden efforts to connect the American model of capitalist democracy with peace, justice, restraint, and internationalism was not even convincing to half of its own citizenry, nor can it can it be said that the non-Western formal democracies, such as India, Indonesia, and China were more disposed to sacrifice national sovereignty than were the leading Western democracies that themselves gave few signs of any willingness to make the scale of reforms that would allow the UN to become more effective. 

Such a portrayal of the UN in crisis needs some modification. During the Gaza Genocide the forces of the Global South were more inclined to rely on international law and public opinion to end the Israeli onslaught on Palestinians and shame the complicit Western supporters of Israel that failed to use their political leverage even to gain a permanent ceasefire agreement, combined with hostage release and IDF withdrawal. Although ICJ performed its role in a highly professional manner that enhanced its global reputation by issuing interim orders in the opening months of 2024 that ordered Israeli restraints in its Caza campaign with the objective of mitigating the growing humanitarian catastrophe until a final decision on genocide could be reached. The tangible results of the ICJ rulings were minimal so far as the Palestinians are concerned. Israel was defiant. The complicit governments somewhat toned down their explicit support for Israel but refrained from exerting available forms of leverage to induce compliance such as imposing an arms embargo. 

This pattern of an authoritative delimitation of international law with respect to Israel’s prolonged occupation of Palestinian Territories followed by Israel’s defiance that included Netanyahu’s denunciation of the UN from the podium of the General Assembly as “the swamp of antisemitic bile,’ ‘the anti-Israel flat-earth society,’ ‘the shredding of the UN Charter by Israel’s ambassador from the GA podium, and the formal decree declaring the UN Secretary General as ‘persona non grata’ in Israel were part of unprecedented anti-UN defamation by a UN Member, a country that Biden kept bonding with as sharing Western democratic values. Such defamation of the UN did not even lead to criticism from the liberal democracies, reinforcing the impression that a democratic internal structure lent no assurance of behavior supportive of UN values or positive institutional reform.

In my judgment, rescuing the UN in the peace and security area will not happen in a peaceful manner without a pedagogical interlude in which the US and other Western countries by way of their foreign policy elites recalculate their own interests in light of international realities of the 21st Century. Should governments with the support of their citizenries conclude that a stronger, more law-governed world order would serve the interests of their citizenries better than the militarized control system that has evolved since its mid-17th century Westphalian origins it would undoubtedly include a policy agenda for drastic UN reform. I think such a welcome dynamic would have relatively little to do with whether Western-style democracy prevailed in the states leading the way toward a stronger UN. More significant by far would be the willingness of political elites and leaders to give sufficient weight to longer term behavioral adjustments and policy goals. 

Hans von Sponeck: There is no ‘global’ rightward drift. Such drift exists in west-oriented countries. The western and non-western worlds, however, have two things in common, a trend towards extremism within individual countries and polarisation in their international relations. The 52 action points for reforms included in the UN Pact for the Future, if being tackled in earnest, will start a process of ‘democratization’ of the ‘political’ United Nations (SC &GA) replacing unipolar power politics with multipolar decision making. It would be an illusion, to assume that structural UN reforms will commence during the current confrontational geopolitical reality. The ongoing wars will have to end first, and new leadership of major powers must become convinced that cooperation is for everyone the better alternative to confrontation. Groups of countries, joined by civil society, will have to be the engine for such a profound pivot.

Daniel Falcone: I’m particularly interested in how you incorporate neoliberal globalization and the Washington consensus into the various themes of the book. The definition of these terms and their consequences seem crucial. How would define them and assess their respective impacts? 

Richard Falk: The role of private sector influence is both direct and indirect in the functioning of the UN exerting influence over the allocation of budgets and using monetary contributions to discourage criticism and to allow corporate concerns to condition especially the declarations and programs of the functional UN where economic approaches are prominent. This includes health (and its relation to property rights of ‘big pharma’; oligopolistic control of ‘industrial agriculture’ (with its biasing of policy toward ‘smart agriculture’ and away from ‘agro-ecology,’ ‘resilient agriculture,’ and traditional forms of ‘small-holder farming.’) This corporate influence over UN health and food activities, entrusted within the UN system mainly to the WHO and FAO allows this behavior to slip by almost unnoticed even by UN observers and the media. And when, for instance, in the work of the Human Rights Council, the harm to humans and animals from the excessive use of pesticides is reported objectively, the corporate wrongdoers hire investigators to discredit experts who prepared the damning reports.

As part of his presidential campaign in 1988, George H.W. Bush, agreed to use American influence to dissolve the UN Center of Information on Multilateral Corporations, and he delivered. Nothing subsequently has been established. In effect, in the last decade of the Cold War and the first decade of the post-Cold War where neoliberal globalization and the Washington Consensus dominated political consciousness signaling the geopolitical triumph of capitalism as legitimated by adherence to constitutionalism and free elections. It was George W. Bush who in 2002 articulated the prevailing view in the West that market forces plus constitutionalism was the only legitimate form of government in the 21st century and that it was the US that would look after global security by force projection on a global scale. The earlier American national security doctrine as revised by the 9/11 attacks advised China to concentrate on trade, investment, and economic development, and not waste its time or money in challenging US leadership with respect to upholding global security.

The UN reflected this two-phase US led approach to world order, with the first phase dominated by the triumph of neoliberal globalization, and a post-Cold War economistic preoccupation with trade, investment, development, and a unipolar global world economic order. The second phase involved the re-securitization of US foreign policy in purported reaction to the 9/11 attacks, generating a counter-terrorism assault on various countries in the Global South. The Iraq War of 2003, launched by US/UK regime-changing, state-building, and punitive armed intervention in Iraq despite the UN Security Council rejecting an appeal for authorization to use force outside the scope of self-defense, represented a post-Cold War reaffirmation of the previously degraded war prevention role of the UN. Bush, US president at the time, predicted that the UN would become ‘irrelevant’ in war/peace situations if it failed to give its green light to the US/UK Iraq War scenario of aggression, regime change, and long-term occupation. 

The war went ahead without UN authorization, and the Bush prediction has been confirmed by subsequent UN practice. The realities of neoliberal globalization as embodied in the Washington consensus has fallen out of favor as descriptive of capitalist ideology or US leadership, but many destructive features of contemporary capitalist remain, including growing patterns of inequality squeezing the middle classes when it comes to health, education, and family size, ecologically unsustainable energy policies, short-termism, and worker insecurity due to automation and AI. 

Hans von Sponeck: Neoliberalism, capitalism, and de-regulation have their origin in the west. The consensus was reached not in Moscow but in Washington! The impact of their existence has been documented throughout the book as part of the west-centric policy tool kit used to control the current global order.  We support the view that a ‘NIEO’, a new international economic order, following the failure of the Doha round of trade talks, is a pre-condition for more equitable playing fields globally. International financial policies have been determined until recently by the International Monetary Fund, the World Bank, and the US Treasury, with the US$ as the only reserve currency. Even though the IMF and the WB are two UN agencies, they have unfailingly represented western interests, thereby contributing to global distortions disadvantageous to   the rest of the world. We therefore consider the reform of the international financial architecture as one of the prime UN reform issues. We note in this regard that the UN Pact for the Future has referred to the need to ‘strengthen…the representation of developing countries’ in such reformed financial structures.

Daniel Falcone: I’m interested in your subtitle, Realism with Hope. I assume this refers to forms of left realism in certain capacities. Does this phrasing refer to how policy and academia can complement one another? Or, in other words, another challenge for the UN seems to be how it balances its commitments to a top-down NGO institutional framework versus a more focused bottom-up approach of confronting real-life situations without legalistic terminology in guiding discussions and solutions. Is the UN overwhelmed with technocrats at the expense of activists? 

Richard Falk: Your question here raises several complex issues. At least my understanding of the use of ‘realism’ in this context is not concerned with ‘legal realism’ but rather with ‘political realism’ that continues to exert decisive influence over the foreign policy of dominant states. Such realism tends to be dismissive of international law if these constraints clash with strategic national interests involving security concerns, alliance relations, geopolitical ambitions, and internal sovereign rights.

The dominant state in the post-Cold War period has been the US, backstopped by the NATO alliance and the Israeli partnership, with China in the double role of moderating influence and rising rival, and Russia since the Ukraine War as the chief challenge to this structure of global security as managed almost exclusively by and for the Global West.

So far, the UN is mainly preoccupied by the interaction between the geopolitical P3 (of the P5 status SC members) and the rest of its 193 Member States. It has made gestures to include civil society representatives of NGOs in the functional side of its undertakings where advisory and informal guidance may be helpful, especially to least developed and smaller states. To date, the UN has given almost no direct role to populist forms of activism. Its most objective and respected political organ is the International Court of Justice, which in 2024 demonstrated its apolitical, professional character in addressing both the Gaza Genocide and the prolonged unlawfulness of Israel’s occupation of the Palestinian territories of West Bank, Gaza, and East Jerusalem. The ICJ is limited, again as recent proceedings confirm, by its lack of independent enforcement authority or capabilities, and it is totally dependent when it comes to implementation by recourse to the veto-prone Security Council.

The hope expressed in our title is both a recognition of the manifest inadequacy of realism as the foundation for the geopolitical management of global security and relations among the leading states and, furthermore, a growing awareness that alternative structures are possible and not necessarily intrusive when it comes to territorial sovereignty. The UN has limped along on a design that was imposed on the Organization by the winners of World II, which was never entirely appropriate or up to it assigned tasks. Over the 79 years since established, the UN has become less and less reflective of the political

[Prefatory Note: What follows is an interview conducted by Daniel Falcone with

Hans von Sponeck and myself on our collaborative book Liberating the UN: Realism with Hope (Stanford University Press, 2024). This interview was previously published in CounterPunch in late October. Since the interview Donald Trump has been elected the next President of the US, which would augur bad news for the UN, particularly in the areas of peace and security, and human rights.]

The United Nations: Failure by Design, Reform by Demand

By Richard Falk, Hans von Sponeck and Daniel Falcone

Former United Nations Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied, Richard Falk, and former United Nations Assistant Secretary-General and UN Humanitarian Coordinator for Iraq, Hans von Sponeck, are the authors of Liberating the United Nations: Realism with Hope (Stanford University Press, 2024). In this question and answer with Daniel Falcone, they break down the main arguments of their book along with the relevance of the UN Summit of the Future as well as the prospects for neoliberalism and the impacts of the western world’s rightward drift. Falk and von Sponeck complicate the term geopolitical term realism and discuss the ramifications for how global governance can move forward with hope. 

Daniel Falcone: Can you discuss the general thesis or main arguments of the book and how they connect to, take say, the specific UN failures in making a difference in Ukraine and Gaza, along with the respective reasons for their failures? 

Richard Falk: From our perspective there were several interlocking themes that induced us to write this book: 

1) UN exhibits an increasing marginality with respect to the maintenance of global security in relation to political conflicts and ecological stability at an historical moment where institutional guidance and multilateral cooperation was most needed to address urgent present and future challenges. 

2) The world needs global venues most legitimately provided by the UN to facilitate multilateral cooperation on a series of planetary challenges—war prevention, climate change, nuclear disarmament, genocide, and regulation of AI; a strengthened UN is the best hope for mitigating the current manner by which geopolitical centralized management of power and security and the more decentralized primacy accorded national interests exert control over conflict, diplomacy, ecological resilience. 

3) Although the UN has been disappointing to peace-minded and justice inclined sectors of public opinion, it has been a force for human betterment in such domains of international life as health, childcare, development, financial assistance, cultural heritage, environment protection, labor, disaster relief, and human rights, making it clarifying to distinguish between a war/peace UN and a functional UN. 

4) To perform in an effective manner that responds to the global public interest, the UN urgently needs structural and procedural reforms, including an expanded and more independent funding base, and more empowerment for the General Assembly, Secretary General, and International Court of Justice. 

5) As the well-intentioned SG’s September initiative ‘Summit for the Future’ made evident, political traction for a benevolent reform agenda does not presently exist at the level of the P5 nor as a priority of media or public opinion in the West, making the future of the UN and the protection of longer-term human interests and ecological resilience depend on the transnational activism of civil society.

Overall, despite the declining interest in the UN throughout the global West, especially the US, the UN currently plays an important role in promoting the daily betterment of tens of millions of human lives throughout the world. To strengthen its relevance to situations such as presented by the Ukraine War and the Gaza Genocide requires fundamental reforms as noted and a strengthening of UN capabilities to offset, and even overcome, the role of current forms of geopolitics in the management of global power and security, which has taken hegemonic, and militarist turns since the collapse of the Soviet Union more than 30 years ago.   

Hans von Sponeck: I consider three issues discussed in the book as of major importance:

  1. We reviewed in our book the cooperation of the executive/operational UN of specialized agencies, funds and programmes over time and concluded that this system has come a long way during the past eighty years – from ’splendid isolation’ in the early years, when individual UN entities executed their programmes without any outreach to their UN counterparts to broad-based inter-agency integration in recent years. The result: One UN system programme, headed by one UN official, the UN Resident Coordinator, working with one budget, and being housed in one building – a pattern which has been adopted by more and more UN country teams. This, we argue, should become the mandatory approach wherever the UN system has programmes.
  • There is another level of ‘link-up’ which is significantly more complex: the cooperation between the UN‘s political and peace-keeping missions concerned with conflict prevention and peacebuilding and the UN country teams involved in economic and social development. As we indicate, only recently has the red line between the Security Council and the General Assembly and the operational UN become less red allowing integrated UN approaches. We consider this a valuable and far-reaching accomplishment and a milestone  on the UN’s road to liberation. We would hope that the UN Pact for the Future, the UNGA has started to debate, will lead to structural coherence and coordination in multi-lateral circumstances.
  • The third major area of concern, we have addressed, has to do with the financing of the UN. The budget at the disposal of the UNSG has been pitifully inadequate at all times. In 2022 it amounted to $3.1 billion, or less than 45 cents /pp on the planet. We have recognized three serious financing issues: i. the perennial annual cash shortfall and the aggravating late payments by many member government; ii. the absence of alternative sources of finance which could provide much needed additional resources and also help to protect the organisation against financial blackmail; iii. the de-funding threats by some governments to influence UN policies, UN work content and the appointment of senior UN officials.

Daniel Falcone: What do you think will be the tone and approach for the upcoming UN Summit of the Future based on the findings you present in the book?

Richard Falk: As suggested, the UN Summit of the Future prepared documents and held meetings of governments that set forth in comprehensive and ambitious frames what needs to be done by sovereign states and the UN to address presently perceived principal global challenges. This provides both desirable policy guidelines, positive world order agendas and goals, and markers of progress. It also will determine whether there is sufficient political traction to lessen corporate and nationalist short-termism, promote respect for Charter values including enhanced respect for international law, and induce governments to align their behavior and advocacy with global and human interests. To achieve such results also would benefit from an improved UN pedagogy, which our book hopes to encourage, on the benefits of a more autonomous UN more endowed with the capabilities need to perform along the lines pledged by the Preamble to the UN Charter. The realist narrative that best tell the UN story from time of creation is one of realism without hope to realism with hope as reinforced by moral, ecological, and survivalist imperatives.

Despite such reasoning, there is little reason to be hopeful in the present atmosphere of distrust and enmity, especially so long as the US insists on coercively managing global security and Western hegemony within a framework alliance politics that is no longer able to enjoy the confidence or even the acquiescence of most countries in the Global South. What is more probable in reaction to these anarchic and hegemonic features is the increasing formation of likeminded deWesternizing coalitions in the Global South that seek to balance Global West ambitions and strategic concerns, especially with respect to trade, finance, investment. energy, and environmental protection.   

Hans von Sponeck: The UN General Assembly has passed a resolution on a ‘Pact for the Future’ (GA/12641 of 2 October 2024). In 52 action points which include such key reform issues as the adoption of an ‘inclusive process to adapt international cooperation to the realities of today and the challenges of tomorrow’ and ‘ the most progressive and concrete commitment to Security Council reform’ and  ‘the representation of  the SC redressing  the historical underrepresentation of Africa’. This can only be welcomed. As there is no reference in this resolution of the ‘how’, the ‘who’ and the ‘when’, the GA has taken no more than a small step in what is undoubtedly going to be a long and complicated reform process. What is most disconcerting is that member countries were not given an opportunity to debate the draft resolution but only asked to react to a draft. This explains the decision by seven countries, including the P5 member Russia, which have voted against this resolution. The reform debate has thus started on a confrontational note.

Daniel Falcone: How can the United Nations regain its footing in terms of its effectiveness and legitimacy in your view without succumbing to the dangers of a global rightward drift?

Richard Falk: I believe that the Global South with the support of China should focus on the need for Charter reform that reflects the will of governments sensitive to the material needs, as well as social protection and equitable distributions of wealth that benefit the great majority of the world’s peoples. With the collapse of European colonialism and the dissolution of the Soviet Union, as well as the developmental progress of many countries, the political landscape of 1945 is hopelessly out-of-date if one objective of the UN is to reflect contemporary realities, priorities, and challenges. The UN must be empowered to play a much greater role with respect to war mitigation and genocide/atrocity prevention. 

The current largely voluntaristic approach to respect for international law also must end and be replaced by an ethos of obligatory respect. Such changes could take various forms, above all, placing restrictions on the P5 right of veto in the Security Council, lessoning of limitations on General Assembly authority by allowing the passage of binding recommendations, enhancing the role of the  International Court of Justice (ICJ) by way of decisions, submission of international legal disputes between states, the absence of assured enforcement of decisions due to a dependence on the Security Council for implementation, and the designation of international law guidance in response to UN requests for clarification as authoritative for legal issues now labeled as ‘Advisory Opinions.’  

The existing UN Charter does not situate international law in such a way as to give its legal assessments the force of law in the manner of a well-ordered national society. Such a framework of international law as the UN has embodied up to this point could be satirized by humorists as an Orwellian trope that strains the limits of language usage.

This ambivalence toward international law is what has made the UN as a political actor compatible with a behavioral code within the UN acknowledging the primacy of geopolitics in relation to the management of security and power in international relations. In effect, during the Cold War, this geopolitical dimension of the UN was most significantly exhibited by the standoff between the NATO alliance and the Warsaw Pact that formed the basis of mutual deterrence, respect for geopolitical fault lines, and the self-limitations of Great Power conflict to ideological hostility and peripheral warfare (as in Korea, Vietnam, East Europe), combined with a mutual commitment to avoid escalation in the context of geopolitical confrontations. 

When Russia replaced the Soviet Union with reduced global political leverage and China stayed out of the costly game of geopolitical rivalry, the US-led Western rivalry took over geopolitical space, arming the world and accepting the expense of constructing a non-territorial ‘global state.’ Even before the Ukraine War, which among other things represented a Russian attempt to reenter geopolitical space, and the Gaza Genocide that illustrated how far the Western alliance would go in violating the global public interest in upholding minimal morality and its own supposed ethical values as well as respecting certain outer limits on the internal uses of political violence, it became obvious that this post-Cold War period of international relations was coming to an end in a manner that gave no positive edge to the behavior of the most liberal democracies as compared to the more internationally engaged autocracies.

This meant that UN would swallow its institutional pride and accept its continued marginality when it came to global security and relations among the centers of military and economic power. Or the UN and its membership must challenge such an identity in a coherent and persuasive way with rising support from deeply worried and aroused civil society forces that seeks to tame both geopolitics and its corporate and finance beneficiaries. Already there are signs, especially in relation to the world economy, that if the UN is not de-Westernized considering its post-colonial identities, then forms of inter-governmental institutional cooperation will be increasingly relied upon to achieve the sort of reforms reflective of the changed realities. Both the increasingly active BRICS and the Chinese cooperative development frameworks are illustrative of how the role of the UN is being addressed by an awakening Global South.

Meanwhile, an American bipartisan political elite is entrapped in a delusional trance, believing that ‘the world’ welcomes and needs US global leadership of the kind that evolved in the post-Cold War era, which hastened another kind of retreat from earlier claims of establishing a UN for the peoples of the world. The Clinton, G.W. Bush, and Biden efforts to connect the American model of capitalist democracy with peace, justice, restraint, and internationalism was not even convincing to half of its own citizenry, nor can it can it be said that the non-Western formal democracies, such as India, Indonesia, and China were more disposed to sacrifice national sovereignty than were the leading Western democracies that themselves gave few signs of any willingness to make the scale of reforms that would allow the UN to become more effective. 

Such a portrayal of the UN in crisis needs some modification. During the Gaza Genocide the forces of the Global South were more inclined to rely on international law and public opinion to end the Israeli onslaught on Palestinians and shame the complicit Western supporters of Israel that failed to use their political leverage even to gain a permanent ceasefire agreement, combined with hostage release and IDF withdrawal. Although ICJ performed its role in a highly professional manner that enhanced its global reputation by issuing interim orders in the opening months of 2024 that ordered Israeli restraints in its Caza campaign with the objective of mitigating the growing humanitarian catastrophe until a final decision on genocide could be reached. The tangible results of the ICJ rulings were minimal so far as the Palestinians are concerned. Israel was defiant. The complicit governments somewhat toned down their explicit support for Israel but refrained from exerting available forms of leverage to induce compliance such as imposing an arms embargo. 

This pattern of an authoritative delimitation of international law with respect to Israel’s prolonged occupation of Palestinian Territories followed by Israel’s defiance that included Netanyahu’s denunciation of the UN from the podium of the General Assembly as “the swamp of antisemitic bile,’ ‘the anti-Israel flat-earth society,’ ‘the shredding of the UN Charter by Israel’s ambassador from the GA podium, and the formal decree declaring the UN Secretary General as ‘persona non grata’ in Israel were part of unprecedented anti-UN defamation by a UN Member, a country that Biden kept bonding with as sharing Western democratic values. Such defamation of the UN did not even lead to criticism from the liberal democracies, reinforcing the impression that a democratic internal structure lent no assurance of behavior supportive of UN values or positive institutional reform.

In my judgment, rescuing the UN in the peace and security area will not happen in a peaceful manner without a pedagogical interlude in which the US and other Western countries by way of their foreign policy elites recalculate their own interests in light of international realities of the 21st Century. Should governments with the support of their citizenries conclude that a stronger, more law-governed world order would serve the interests of their citizenries better than the militarized control system that has evolved since its mid-17th century Westphalian origins it would undoubtedly include a policy agenda for drastic UN reform. I think such a welcome dynamic would have relatively little to do with whether Western-style democracy prevailed in the states leading the way toward a stronger UN. More significant by far would be the willingness of political elites and leaders to give sufficient weight to longer term behavioral adjustments and policy goals. 

Hans von Sponeck: There is no ‘global’ rightward drift. Such drift exists in west-oriented countries. The western and non-western worlds, however, have two things in common, a trend towards extremism within individual countries and polarisation in their international relations. The 52 action points for reforms included in the UN Pact for the Future, if being tackled in earnest, will start a process of ‘democratization’ of the ‘political’ United Nations (SC &GA) replacing unipolar power politics with multipolar decision making. It would be an illusion, to assume that structural UN reforms will commence during the current confrontational geopolitical reality. The ongoing wars will have to end first, and new leadership of major powers must become convinced that cooperation is for everyone the better alternative to confrontation. Groups of countries, joined by civil society, will have to be the engine for such a profound pivot.

Daniel Falcone: I’m particularly interested in how you incorporate neoliberal globalization and the Washington consensus into the various themes of the book. The definition of these terms and their consequences seem crucial. How would define them and assess their respective impacts? 

Richard Falk: The role of private sector influence is both direct and indirect in the functioning of the UN exerting influence over the allocation of budgets and using monetary contributions to discourage criticism and to allow corporate concerns to condition especially the declarations and programs of the functional UN where economic approaches are prominent. This includes health (and its relation to property rights of ‘big pharma’; oligopolistic control of ‘industrial agriculture’ (with its biasing of policy toward ‘smart agriculture’ and away from ‘agro-ecology,’ ‘resilient agriculture,’ and traditional forms of ‘small-holder farming.’) This corporate influence over UN health and food activities, entrusted within the UN system mainly to the WHO and FAO allows this behavior to slip by almost unnoticed even by UN observers and the media. And when, for instance, in the work of the Human Rights Council, the harm to humans and animals from the excessive use of pesticides is reported objectively, the corporate wrongdoers hire investigators to discredit experts who prepared the damning reports.

As part of his presidential campaign in 1988, George H.W. Bush, agreed to use American influence to dissolve the UN Center of Information on Multilateral Corporations, and he delivered. Nothing subsequently has been established. In effect, in the last decade of the Cold War and the first decade of the post-Cold War where neoliberal globalization and the Washington Consensus dominated political consciousness signaling the geopolitical triumph of capitalism as legitimated by adherence to constitutionalism and free elections. It was George W. Bush who in 2002 articulated the prevailing view in the West that market forces plus constitutionalism was the only legitimate form of government in the 21st century and that it was the US that would look after global security by force projection on a global scale. The earlier American national security doctrine as revised by the 9/11 attacks advised China to concentrate on trade, investment, and economic development, and not waste its time or money in challenging US leadership with respect to upholding global security.

The UN reflected this two-phase US led approach to world order, with the first phase dominated by the triumph of neoliberal globalization, and a post-Cold War economistic preoccupation with trade, investment, development, and a unipolar global world economic order. The second phase involved the re-securitization of US foreign policy in purported reaction to the 9/11 attacks, generating a counter-terrorism assault on various countries in the Global South. The Iraq War of 2003, launched by US/UK regime-changing, state-building, and punitive armed intervention in Iraq despite the UN Security Council rejecting an appeal for authorization to use force outside the scope of self-defense, represented a post-Cold War reaffirmation of the previously degraded war prevention role of the UN. Bush, US president at the time, predicted that the UN would become ‘irrelevant’ in war/peace situations if it failed to give its green light to the US/UK Iraq War scenario of aggression, regime change, and long-term occupation. 

The war went ahead without UN authorization, and the Bush prediction has been confirmed by subsequent UN practice. The realities of neoliberal globalization as embodied in the Washington consensus has fallen out of favor as descriptive of capitalist ideology or US leadership, but many destructive features of contemporary capitalist remain, including growing patterns of inequality squeezing the middle classes when it comes to health, education, and family size, ecologically unsustainable energy policies, short-termism, and worker insecurity due to automation and AI. 

Hans von Sponeck: Neoliberalism, capitalism, and de-regulation have their origin in the west. The consensus was reached not in Moscow but in Washington! The impact of their existence has been documented throughout the book as part of the west-centric policy tool kit used to control the current global order.  We support the view that a ‘NIEO’, a new international economic order, following the failure of the Doha round of trade talks, is a pre-condition for more equitable playing fields globally. International financial policies have been determined until recently by the International Monetary Fund, the World Bank, and the US Treasury, with the US$ as the only reserve currency. Even though the IMF and the WB are two UN agencies, they have unfailingly represented western interests, thereby contributing to global distortions disadvantageous to   the rest of the world. We therefore consider the reform of the international financial architecture as one of the prime UN reform issues. We note in this regard that the UN Pact for the Future has referred to the need to ‘strengthen…the representation of developing countries’ in such reformed financial structures.

Daniel Falcone: I’m interested in your subtitle, Realism with Hope. I assume this refers to forms of left realism in certain capacities. Does this phrasing refer to how policy and academia can complement one another? Or, in other words, another challenge for the UN seems to be how it balances its commitments to a top-down NGO institutional framework versus a more focused bottom-up approach of confronting real-life situations without legalistic terminology in guiding discussions and solutions. Is the UN overwhelmed with technocrats at the expense of activists? 

Richard Falk: Your question here raises several complex issues. At least my understanding of the use of ‘realism’ in this context is not concerned with ‘legal realism’ but rather with ‘political realism’ that continues to exert decisive influence over the foreign policy of dominant states. Such realism tends to be dismissive of international law if these constraints clash with strategic national interests involving security concerns, alliance relations, geopolitical ambitions, and internal sovereign rights.

The dominant state in the post-Cold War period has been the US, backstopped by the NATO alliance and the Israeli partnership, with China in the double role of moderating influence and rising rival, and Russia since the Ukraine War as the chief challenge to this structure of global security as managed almost exclusively by and for the Global West.

So far, the UN is mainly preoccupied by the interaction between the geopolitical P3 (of the P5 status SC members) and the rest of its 193 Member States. It has made gestures to include civil society representatives of NGOs in the functional side of its undertakings where advisory and informal guidance may be helpful, especially to least developed and smaller states. To date, the UN has given almost no direct role to populist forms of activism. Its most objective and respected political organ is the International Court of Justice, which in 2024 demonstrated its apolitical, professional character in addressing both the Gaza Genocide and the prolonged unlawfulness of Israel’s occupation of the Palestinian territories of West Bank, Gaza, and East Jerusalem. The ICJ is limited, again as recent proceedings confirm, by its lack of independent enforcement authority or capabilities, and it is totally dependent when it comes to implementation by recourse to the veto-prone Security Council.

The hope expressed in our title is both a recognition of the manifest inadequacy of realism as the foundation for the geopolitical management of global security and relations among the leading states and, furthermore, a growing awareness that alternative structures are possible and not necessarily intrusive when it comes to territorial sovereignty. The UN has limped along on a design that was imposed on the Organization by the winners of World II, which was never entirely appropriate or up to it assigned tasks. Over the 79 years since established, the UN has become less and less reflective of the political landscape. Major shifts have occurred throughout its history, including the collapse of the European colonial empires, the ending of the Cold War, the health, food, and supply chain disruptions associated with the COVID pandemic and its inflationary impact that particularly strained the world’s least developed countries. Related disruptions associated with armed combat also illustrated limits on the capabilities of the UN to help societies in need. The UN has never really been staffed by technocrats or shaped by the goals of activists. It has, especially when it comes to the war/peace agenda, been dealt with by diplomats representing Member States as facilitated by UN civil servants, and if events were of concern to activists, by demonstrations and side events at UN headquarters in New York and Geneva.

Hans von Sponeck: In a paper entitled ‘Liberating the UN to Serve the Global Public Good’, we recommend a ‘rethinking’ of realism as a policy guide for those involved in the process of reforming the UN to become an organisation based on ‘human, and ecologically sensitive realism’ that benefits humanity world-wide. Cooperation between UN policy and academia in this respect would be of benefit for both. I would argue that such cooperation should be based on synergy rather than complementarity. The assumption, of course, is that there is an interest in cooperation in the first place. The UN University in Tokyo and the operational UN of specialized agencies, funds and programmes is a perfect example of inadequate cooperation even though both are devoted to the Charter objectives of peace and progress. In recognition of the value-added for both of such cooperation, the UN reform process must make serious efforts to define concrete steps that create the necessary linkages. UN civil servants – technocrats or activists? There is an oath of office all staff must make. It includes work must be carried out ‘in all loyalty, discretion and conscience…with the interests of the UN only in view’.

This means, at least in theory, that staff at all levels are ‘activists’ in the pursuit of ‘human rights and fundamental freedoms for all without distinction as to race, sex, language or religion’ and ‘for harmonizing…actions in the attainment of these common ends.’ As I participate in debates of the global order, my views and positions are often equated with being a ‘leftist’. My reaction to this classification is that anyone who is working for the UN and has taken Charter principles and purpose seriously, is, by definition, reflecting ‘leftist’ philosophy.

The Gaza Tribunal: Law, Conscience, and Compassion

5 Nov

[Prefatory Note: The Gaza Tribunsl of which I am President had a successful Launch meeting with many of its members of its Advisory Policy Council. As the article below  in the Palestine Chronicle notes, the aim of the Tribunal is or legitimize and encourage civil society solidarity initiatives around the world such as BDS. It does make the underlying argument that when the intergovernmental structures of world order fail to implement the UN Charter and international law, then the peoples of the world have the responsibility and opportunity to do so. This is an appeal for citizen engagement on behalf of humanity, and in this instance, in support of the Palestinian struggle for basic. We seek and need the support of persons of conscience and concern everywhere!]  

‘Court of Humanity and Conscience’ – Gaza Tribunal Launched in London 

November 5, 2024 News

A group of people sitting at a table

Description automatically generatedThe Gaza Tribunal was launched in London. (Design: Palestine Chronicle)

By Palestine Chronicle Staff  

“Why establish a People’s Tribunal despite the International Court of Justice’s involvement? Because the international order has failed its duty—the ICJ, even after defining Israel’s actions as genocide, cannot enforce its rulings.”

A group of renowned intellectuals, jurists, artists, human rights advocates, and representatives from the media and civil society organizations gathered in London last week, to launch the Gaza Tribunal – an independent initiative serving as a “court of humanity and conscience.”

“Gaza represents a breaking point in the historical journey of humanity, where a global system based on power, not justice, prevails,” the Gaza Tribunal website states. “Based on this perspective, the need to address what is happening in Gaza through its historical, political, philosophical, and legal dimensions is becoming an urgent, necessary duty for humanity.”

Led by Richard Falk, a distinguished international law expert and former UN special rapporteur on the occupied Palestinian territories, the tribunal is taking an alternative route to international justice, aiming to spotlight voices from civil society in the examination of abuses following the conflict that escalated after the October 7 Resistance operation.

Why the Need?

Despite the genocide case against Israel currently underway at the International Court of Justice (ICJ), the initiative is seen as a People’s Tribunal.

“The international order’s failure in fulfilling its duty is exactly why a people’s tribunal is needed. The International Court of Justice, despite designating Israel’s current war as a genocide, is unable to enforce its rulings,” the website states.

The Gaza Tribunal, which convened for two days of initial preparatory meetings in London, brought together around 100 participants.

Who is Involved?

Some who attended the London meeting include Ilan Pappe, Jeff Halper, Ussama Makdisi, Ayhan Citil, Cornel West, Avi Shlaim, Naomi Klein, Aslı Bali, Mahmood Mamdani, Craig Mokhiber, Hatem Bazian, Mehmet Karlı, Sami Al-Arian, Frank Barat, Hassan Jabareen, Willy Mutunga, Victor Kattan, and Victoria Brittain.

Among the participating organizations were Law for Palestine, the Palestinian Environmental NGOs Network, the Arab Network for Food Sovereignty (APN), Adalah, the Legal Center for Arab Minority Rights in Israel, Palestinian human rights organization Al-Haq, BADIL, Al-Mezan Center for Human Rights, the prisoner support and human rights group Addameer, and the Palestinian Center for Human Rights (PCHR).

What are Its Objectives?

The Gaza Tribunal has two main objectives: one particular and one universal. The particular goal is to assist in bringing the tragic events to an end as soon as possible and to hold the perpetrators accountable in the public conscience.

The universal aim is to issue a decision grounded in humanity’s intellectual and moral values, one that can serve as a reference to prevent future atrocities worldwide.

Dwelling on the multi-dimensional underpinnings of the fact that such grave events can, have, and still occur at this point in human history, the Tribunal aims to explain why humanity has been unable to put a stop to such atrocities/how humanity can put a stop to such atrocities.

According to the website, the Tribunal’s “legitimacy comes from addressing the long-standing wounds of the Palestinian issue, with a focus on the ongoing tragedy in Gaza.”

The Outcome

The comprehensive document to be created by the Tribunal after all these investigations and evaluations will fill a critical gap that the nations have realized and will serve as a guiding document for all the world’s nations, states the website.

How Tribunal Operates

According to its website, the Gaza Tribunal mainly consists of the Presidential Committee, the Grand Chamber and 3 Specialized Chambers and six Administrative and Supportive Units.

Acting as a jury of conscience, the Grand Chamber of the Tribunal will consist of all committees’ members and around ten invited people as well. Additionally, jurists, academicians, artists, and intellectuals who have been recognized but have not served on these chambers may also be included in the Public Session Members. The Public Sessions make decisions by a majority rule. Having each member’s opinion be reflected in the decision is essential, and each member has the right to write positive, negative, or differing opinions to be appended to the decision.

Each chamber will consist of five to six members. These members will be among the renowned people in their respective fields. The chambers will discuss and arrive at decisions within their specific areas of discussion, including International Law Chamber, International Relations and World Order Chamber and  History, Ethics, and Philosophy Chamber.

Given the Tribunal’s purpose of drawing attention to the genocide happening in Gaza, the aim is to have the physical sessions of each chamber be broadcast live on such international media channels as TRT World, Associated Press and Al Jazeera.

It will also be comprised of Administrative and Supportive Units.

Administrative Units ensure the efficient and proper functioning of the Tribunal and provide the necessary conditions for fair decision-making. Supportive Units, created at the discretion of the Presidential Committee, facilitate steps that contribute to the achievement of the Tribunal’s objectives.

Inclusivity and Accessibility

In a statement, the tribunal emphasized its commitment to inclusivity and accessibility, inviting Palestinian civil society groups and individuals directly affected by the conflict to submit evidence and testimony, the Anadolu news agency reported.

This body, organizers said, aimed to fill a gap by focusing on the human impact of Israel’s policies and actions on Palestinian civilians.

Beyond addressing recent events, the tribunal’s legal framework will integrate themes of settler-colonialism and apartheid, contextualizing its findings within the decades-long Israeli-Palestinian conflict and historic events such as the 1948 Nakba and Israel’s occupation of Palestinian territories post-1967.

According to the organizers, the Gaza Tribunal “derives its power and authority not from governments but from the people in general and Palestinians in particular, that uses the intellectual and conscientious accumulation of humanity, with which anyone with common sense can agree and that can produce judgments and documents to which one can refer regarding future problems.”

Second Phase

According to organizers, the Gaza Tribunal’s second phase is scheduled for May 2025 in Sarajevo, Bosnia and Herzegovina, where prepared reports, witness statements, and draft declarations will be shared with the public.

Representatives of affected communities and expert witnesses are expected to speak at the Sarajevo session.

The tribunal’s main hearing, a crucial part of the initiative, is planned for October 2025 in Istanbul, Türkiye.

In Istanbul, an expert panel will present a draft of the tribunal’s findings and decisions, incorporating testimonies from witnesses and statements from Palestinian civilians and organizations affected by the crisis.

Ongoing Genocide

Flouting a UN Security Council resolution demanding an immediate ceasefire, Israel has faced international condemnation amid its continued brutal offensive on Gaza.

Currently on trial before the International Court of Justice for genocide against Palestinians, Israel has been waging a devastating war on Gaza since October 7.

According to Gaza’s Ministry of Health, 43,391 Palestinians have, to date, been killed, and 102,347 wounded.

Moreover, at least 11,000 people are unaccounted for, presumed dead under the rubble of their homes throughout the Strip.

Israel says that 1,200 soldiers and civilians were killed during the Al-Aqsa Flood Operation on October 7. Israeli media published reports suggesting that many Israelis were killed on that day by ‘friendly fire’.

Millions Displaced

Palestinian and international organizations say that the majority of those killed and wounded are women and children.

The Israeli war has resulted in an acute famine, mostly in northern Gaza, resulting in the death of many Palestinians, mostly children.

The Israeli aggression has also resulted in the forceful displacement of nearly two million people from all over the Gaza Strip, with the vast majority of the displaced forced into the densely crowded southern city of Rafah near the border with Egypt – in what has become Palestine’s largest mass exodus since the 1948 Nakba.

Later in the war, hundreds of thousands of Palestinians began moving from the south to central Gaza in a constant search for safety.

(PC, Anadolu)