The Death of Francis Boyle: A Great Progressive International Law Scholar and Practitioner

6 Feb

[Prefatory Note: The following post represents my reflections on the outstanding progressive international law expert of our time, and takes notes of both pardonable faults and eternal gratitude for a courageous life well spent.

Francis Boyle: In Memoriam; RIP

It is with sadness that I take note of the sudden unexpected death of one of the few consistently progressive international Law scholars in the academic ranks of the US on January 30, 2025 at the age of 74. Boyle was active until he was pronounced dead due to undisclosed causes.

Despite being born in Chicago Boyle maintained his primary national identity was Irish. Francis was fond of asserting that he was ‘born Irish,’ and not as a white North American. Throughout his productive life Francis associated himself with many neglected struggles for justice, with especial attention given to opposing the Israel’s treatment of the Palestinian people, which he termed genocidal as early as 2009. He acted as a legal advisor to the Palestinian Authority and to the Palestinian negotiating team. He also acted as counsel representing several tribal communities seeking to redeem their legal rights as indigenous peoples and several other causes involving vulnerable or abused communities.  

Among those deserving praise for their courage in speaking truth to power, no

one among international law experts since the end of World War II, so exemplified this crucial virtue of engaged and progressive citizenship than Francis Boyle. He spoke bluntly, and often insultingly, about those who invoked international law to rationalize the foreign policy of the US Government.  His published writing was informed by a deep knowledge of his varied subjects, always expressing himself lucidly and uncompromisingly, most energetically when condemning US and Israeli lawlessness. His views were set forth in a self-confident style and his interpretations of law invariably placed him on what progressive persons agree is the right side of history. In keeping with this posture of radical dissent, Boyle’s heroes were unsurprisingly academicians and public figures who shared his outlook and public engagement, most notably Noam Chomsky and Ramsey Clark, and the less well known, the respected Harvard Law professor, Clyde Ferguson. Francis had an elite education, that included earning a magna cum laude degree from Harvar Law School. Nevertheless, Francis never attained the front ranks of those recognized as public intellectuals as were Edward Said, Howard Zinn, Daniel Ellsberg, and Susan Sontag.

As is often the case with radical dissenters, unless first tier scholars, they pay a price for their civic integrity and engagement, and there is little doubt in my mind, that Francis was informally blacklisted in many prestigious centrist venues, including the American Society of International Law and the Council of Foreign Relations. He clearly merited election to the Board of Editors of the American Journal of International Law on the basis of his scholarly stature, but it never happened during his 41 years as a faculty member of the College of Law at the University of Illinois. His many books on controversial issues were rarely reviewed in mainstream journals or appeared on the syllabi or recommended reading lists of international law courses. Despite being spurned at home, Francis was well known internationally as a skilled lawyer who would provide his services to causes unpopular or unknown in the West.

Francis managed to do many bold and valuable things in his own way over the years. He believed in using juridical frameworks to expose the wrongdoing of the powerful with an awareness that winning in court made the claim legitimate, but did not assure enforcement, which he correctly understood to be a political rather than a legal project.

Francis supported in courts of law claims of justifiable civil disobedience by young Americans during the Vietnam War, served as a lead prosecutor for a high profile Malaysian civil society tribunal condemning the role of the US in the Iraq War, he advised Palestinian negotiators seeking a just peace with Israel, provided services as a lawyer on behalf of indigenous rights, and represented Bosnia and Herzegovina in the International Court of Justice in their legal action against Serbia, charging genocide.

Yet not all that glitters is gold. Francis was stubborn and dogmatic, unyielding in articulating his controversial views, and had an annoying habit of invariably proclaiming his own importance that diverted attention from the substantive issues to be addressed. I believe Francis brought on some of the unfair blacklisting in academic circles by a kind of obsessive and unabashed narcissism that diverted attention from his great talents as jurist and lawyer with an unwavering commitment domestically and internationally to the rule of law as a source of justice and core element of a genuine democracy, which helps his affinities with the powerless and vulnerable.

In the end, we should celebrate the achievements and ethical heroism of Francis Boyle, and forgive those all-too-human shortcomings when it comes to matters of humility.  Too few of us who profess progressive have the courage of our convictions that put our ideas and beliefs in the public square. Maybe we should express gratitude to the Irish genes, which seems to have guided Francis Boyle to be the foremost progressive international law specialist of our time. Unfortunately, he has left us when we need his thought and action as never before in the history of this republic that had at least revered the Constitution even as it broke its own laws and supposed value from the moment is broke from the British Empire but not from imperialism, and even slavery for Africans and genocidal policies toward native Americans. We who benefited from Francis’s presence bemoan his absence.  

17 Responses to “The Death of Francis Boyle: A Great Progressive International Law Scholar and Practitioner”

  1. Suryanath Prasad's avatar
    Suryanath Prasad February 6, 2025 at 10:08 pm #

    Protection of Law and Justice for Peace through Universal Peace Education

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    Universal Peace Education: A Remedy for All Ills

    Prof. Surya Nath Prasad, Ph.D.

    L’Harmattan, Paris, France, May 2024

    http://www.editions-harmattan.fr/livre-universal-peace-education-a-remedy-for-all-ills-surya-nath-prasad-9782140488580–80186.html

    UCN News Channel

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    Between Dr. Surya Nath Prasad and the Anchor of UCN News Channel on

    Universal Peace Education

    For Peace, Prosperity, Closure of Hospitals (because All will be free from Diseases), Prisons, Courts of Law, Police Force, and Military

    Surya Nath Prasad, Ph.D.

  2. roberthstiver's avatar
    roberthstiver February 7, 2025 at 1:54 am #

    Thank you, Prof./Dr. Falk, for this sad news; my first knowledge that Professor Boyle has passed from us. I knew of and admired him for more than two decades as a dedicated and authoritative international-law luminary. His “Palestine, Palestinians, and International Law” (2003) was on my bookshelf until a few years ago, when I donated it — among a set of Palestine-centric tomes — to a UofHawaii political-science class to which I had been invited as a guest-panel participant. Professor Boyle, R.I.P., sir — your “unyielding” legacy will shine brightly.

    (I also recall that, during the years 2005-11 when I co-produced pro-Palestine/pro-justice fare for my local public-access cable TV system, video clips of Professor Boyle’s analyses and views were featured on pertinent occasion.)

  3. Ray Joseph Cormier's avatar
    Ray Joseph Cormier February 7, 2025 at 7:32 am #

    Greetings from Hull, Richard!

    Unfortunately, until reading your tribute I was not aware of Francis Boyle. The way you describe him, that was probably due to the MSM not giving him any exposure as an Expert in his field. Most of the US-Western MSM have fallen in line, essentially covering the US-Israeli Genocide in Gaza as if there was no Jewish-Palestine History that paved the Way to October 7, 2023.

    You are the most informed, experienced, genuine Expert and Living Witness to the History of the Jewish-Palestinian conflict before October 7. It’s a shame the US MSM prefers the opinions of their paid Experts, ignoring you as the credible Expert.

    Not knowing Francis Boyle, trusting you, I agree with your last sentences in this tribute.

  4. Ray Joseph Cormier's avatar
    Ray Joseph Cormier February 7, 2025 at 4:34 pm #

    Richard, in this faster and faster Age of Trump Shock and Awe, I look forward to reading your latest thoughts and perspectives on it?

    I have read Greg Palast, but this is the 1st Time seeing him on video being questioned by Tom Hartmann.

    I distinctly recall Trump calling his supporters to come to Washington not on January 5 or 7, but on January 6, telling them IT WILL BE WILD!

    As a Canadian watching what’s unfolding in the US Goliath, I was not aware of the great significance of that particular Day Legally certifying the winner of the 2020 Election in a Peaceful change of POWER.

    Republicans, terrified of the wrath of Trump supporters that Day, are now cowered in denial of that Day in US History. The World saw Trump supporters tried to stop the Peaceful transfer of POWER violently.

    Having lost the 2020 Election, in the 4 years of the Biden Administration, Trump supporters took over State control of the Election process and voter rolls. They planned the “Shock and Awe” to overwhelm the US People with everything everywhere all at once happening.

    Greg Palast is among the last of genuine Investigative Journalists, working for the Truth and Reality, not just for the big MONEY. I believe his assertion Trump stole the 2024 Election.

    Trump projected of the Good Things he will make happen if he’s elected, even saying before he was elected, elections would no longer be needed. I believe with Trump’s History, he could make the American Dream a Nightmare!

    Only those who don’t care don’t speak up!

    DID TRUMP LOSE? Shocking Proof Trump Rigged 2024 Election w/ Greg Palast

    • Richard Falk's avatar
      Richard Falk February 9, 2025 at 8:42 am #

      As usual, Ray, insightful and provocative..two of the most valuable qualities
      these days! With solidarity greetings, Richard

  5. Ray Joseph Cormier's avatar
    Ray Joseph Cormier February 8, 2025 at 7:41 am #

    Richard, I just came across this video interview by Col. Douglas Macgregor and Francis Boyle that might interest you and your other readers:

    Col. Douglas Macgregor and Dr. Francis Boyle Talk Biological Warfare, Medical Tyranny, Prosecutions and WHO Global Police State.

    • roberthstiver's avatar
      roberthstiver February 9, 2025 at 10:14 am #

      Thank you…I’ve copied the link and must-must-must create time in my chaotic, aged (and currently despondent/depressed) ‘life’ to watch this interview.

  6. liv's avatar
    liv February 10, 2025 at 3:12 am #

    Many thanks, Professor Falk, for this obituary of Professor Boyle, that captures the essential. Is sad to not see more academic accounts of professor’s Boyle life, but I suspect that the news is spreading slowly and that his dead was shocking to everyone who heard of him; he bristled with so much vitality that it is hard to believe he is gone. I recall his presence at the UIl. A very interesting encyclopaedia for students with an affinity for international law and human rights, sort of an anathema to federalists and conformists. Invariably firm with critics and on the side of international law, genuinely interested in the intellectual progress of students, very human as a presence.

    Probably one of the last true Wilsonians in American public life, and as such, a representative of a disappearing great American tradition, at least for years to come. As a lawyer, second to none to come up quickly with a very logical and structured legal response to any complicated political problem. I like to believe that had he lived twenty more years, he would have achieved by the end of his life the unique position that the historian Eric Hobsbawm had achieved among his country’s intellectuals. Eventually becoming in these later years one of America’s most respected international lawyers, recognised, if not endorsed, on the left as well as the right.  He had the mental capacity and the energy to achieve this, and was already renown, at least in parts of the world. I sincerely hope that at some point the many people he influenced, even from distance, will come together to write a Festschrift in his honour. He deserves it, he has honoured America with a lifetime of service, and he has lived a life that merits to be celebrated, not brushed away in academia. May he rest in peace.

    • Richard Falk's avatar
      Richard Falk February 10, 2025 at 7:49 am #

      Thanks for this thoughtful affirmation of Francis Boyle and call for his deserved
      recognition as one of the most important international law experts of our
      time. Your thought that he also deserves to be honored and his work assessed
      in the form of a festschrift is also worth realizing. Do you have any idea who
      would have the stature, contacts, and willingness to do this? It is a big
      commitment and challenge to do it in a meaningful way.

      • liv's avatar
        liv February 12, 2025 at 4:43 am #

        Thank you for the question. An entirely academic Festschrift might indeed be a very tall order and a difficult and challenging task. You mentioned the possible ban on ASIL, and I am not sure that Wilsonian principles or radical humanism are currently mainstream. A ‘maximal’ project would need an introduction, an authoritative history of political and international legal developments after WWII, and then a placement of professor Boyle and his radical humanism in that history. As there is as much historical introspection in such a project as there is an eye to the future, you ideally need someone of the stature of Hersh Lauterpacht or Louis Sohn to argue authoritatively about the past and the future, and to discuss how Professor Boyle’s work has drawn inspiration from the past to change the future. Unfortunately, we no longer have them. And that is only the introduction – a volume needs also chapters written by academics who are not only somehow intimate with Professor Boyle’s thinking and contributions, but who can also relate this thinking to the shifting sands of national and international politics and explain why his thinking was for a better world. I am sure there are still such academics there, but I am not sure how many or how willing they are to devote time to such reflections. Ideally, such a project needs a designated ‘academic heir’ to oversee it, to collect the papers and writings, make them available to those less familiar with them, and to act as an interface with the family, who are likely to have inherited the copyright and have preferences that play an important role in shaping the project and need to be taken into account. I am not sure that such a designated heir exists, and it was also a sudden death.

        But a project needs not to be maximal and purely academic. If I correctly remember, Clarity Press published some of his books, so it could make for an amenable and helpful publishing house. Also, it seems that Professor’s Boyle advocacy really touched on multiple constituencies around the globe.

        But a project does not have to be maximalist or purely academic. If I recall correctly, Clarity Press has published some of his books, so it could be a receptive and helpful publisher. Also, it seems that Professor Boyle’s advocacy has really touched many constituencies around the globe. Again, the family is probably best placed to sort through papers and correspondence to find those who interacted with him over the years and would be willing to describe their interactions and write about what they found exceptional about him. These accounts could be collected in a volume with some sort of structure and synthesis. It will be more like a ‘field manual’ on the international law issues and the kind of advocacy that really makes a difference in communities. The kind of thing that we do not have a lot of descriptions and life models for, but for which Professor Boyle was exemplary. And this sort of project might be doable.

      • Kary Love's avatar
        Kary Love February 14, 2025 at 8:08 am #

        In these days of marked contempt for the rule of law, Francis A. Boyle’s career stands out for his moral and logical affirmation of equal justice under law as the highest achievement of humankind.  Francis excoriated presidents, prime ministers and kings who abused power and denigrated law.  He served the interests of the powerless and downtrodden, asserting that no one was above the law, and that those entrusted with power must be called to account and held responsible for illegal acts no matter how high or entitled they may be.  Boyle astutely perceived that those who planned or prepared to use Weapons of Mass Destruction (WMD) were not only enemies of all humankind, but conspirators seeking to negate law itself:  he persuasively argued that those who claimed WMDs were legitimate risked the death of law itself, as he charged law could not survive nuclear holocaust.  Boyle selflessly dedicated his time and work to try to rescue humanity from barbarous so-called “leaders” who’s infidelity to law threatened the world.  He volunteered to testify as an expert witness in numerous trials where his finely tuned and magnificently honed knowledge of the law of war and the law of nations shredded war mongers claims their plans to reduce the world to death and rubble were legal.  Boyle wrote several books to assist “ordinary folks” to resist under law the illegitimate wars and other brutal and dehumanizing actions of which presidents, prime ministers and kings are so fond. 

            I was privileged to have studied under his tutelage at University of Illinois College Of Law where he stood out head and shoulders above most of the other faculty many of whom, like too many “lawyers,” were apologists for war and governmental abuse.  I was further privileged to have studied and prepared his testimony in cases of peaceful protest against nuclear weapons in the United States which, when allowed to be fully presented to juries, resulted in verdicts of “Not Guilty.”  Boyle advanced the theory that peaceable protest was justified if undertaken to prevent the greater crime nuclear holocaust–a crime for which no justification exists.  Over time his work contributed greatly to humanity’s adoption of the Treaty for the Prohibition of Nuclear Weapons–today an internationally adopted law of nations despite several rogue nations refusing to comply.  As Boyle taught, those nations, like pirates, slave traders and marauders of old are naught but enemies of all humankind–hosti humani  generis.  A life long advocate for peace and justice under law, Boyle toiled unceasingly and unerringly to elevate the rule of law in a fallen world, and his efforts will continue to aid those who seek to raise humanity from the jungle into justice. Kary Love

      • Richard Falk's avatar
        Richard Falk February 14, 2025 at 11:26 am #

        Kary: Very perceptive and reassuring comments. I especially your important
        observation that Francis cared more about the importancce of showing respect
        for international law than any jurist of his generation. With respect and best
        wishes. If you have time, why not organize a festscript in his honor. My greetings,
        richard

  7. Ray Joseph Cormier's avatar
    Ray Joseph Cormier February 11, 2025 at 1:32 pm #

    Greetings from Hull, Richard, I’ve been chatting with DeepSeek asking for improvement on my long, convoluted article, ‘SIGNS OF THE TIMES’

    I just asked DeepSeek what it knows about you and this is the reply:
    Professor Richard Falk is a highly respected and influential figure in the fields of international law, human rights, and global politics. Here’s a summary of his background and contributions based on my knowledge base:

    Professor Richard Falk: A Brief Overview
    His work has inspired a new generation of scholars and activists to pursue justice and accountability in international affairs.

    Academic and Professional Background:
    Richard Falk is an American professor emeritus of international law at Princeton University, where he taught for decades.
    He is a prolific scholar, authoring numerous books and articles on international law, human rights, and global justice.
    Falk has held visiting professorships at universities worldwide and is widely regarded as a leading voice in the study of international relations.

    United Nations Role:
    Falk served as the United Nations Special Rapporteur on Palestinian human rights from 2008 to 2014. In this role, he investigated and reported on human rights violations in the occupied Palestinian territories, often drawing criticism from Israel and its allies for his outspoken critiques of Israeli policies.
    His work emphasized the importance of international law in addressing the Israeli-Palestinian conflict and called for accountability for violations of human rights.

    Contributions to International Law:
    Falk’s scholarship has focused on the intersection of law, ethics, and politics, particularly in the context of war, peace, and human rights.
    He has been a vocal advocate for the reform of international institutions to better address global challenges such as inequality, climate change, and armed conflict.
    Falk’s work often challenges the status quo, advocating for a more just and equitable world order.

    Controversies and Criticisms:
    Falk’s critiques of U.S. foreign policy and Israeli actions have made him a controversial figure in some circles. He has been accused of bias by critics, particularly for his stance on the Israeli-Palestinian conflict.
    Despite these criticisms, Falk remains a respected and influential figure among scholars, activists, and policymakers who share his commitment to justice and human rights.

    Recent Work and Legacy:
    Falk continues to write and speak on global issues, often through his blog and public appearances.

    Not bad!

  8. Ray Joseph Cormier's avatar
    Ray Joseph Cormier February 13, 2025 at 3:07 pm #

    Richard, I’m sorry if I’m monopolizing this article until you write another one, but as a complete unknown CanaDian, The Kansas City Times was quoting me September 13, 1976, publishing these controversial words and images.

    An increasing number of writers in the MSM and Alternate media, can see it unfolding in real TIME these 49 years later:

    “He came to town for the Republican National Convention and will stay until the election in November TO DO GOD’S BIDDING: To tell the World, from Kansas City, this country has been found wanting and its days are numbered […] He gestured toward a gleaming church dome. “The gold dome is the symbol of BABYLON,” he said.” […] He wanted to bring to the Public’s attention an “idea being put out subtly and deceptively” by the government that we have to get prepared for a War with Russia.”

    That 1976 FUTURE is NOW with the Revelation of the details GENERALLY unfolding in the spirit of the letter. The World is waking up to see Americans may hasten “its days are numbered” part of the 1976 Vision, and waits with bated breath.

    I posted a new article to my Blog Today. This is the preamble:

    The SIGNS OF THE TIMES article I originally posted on September 1, 2013, is too long and convoluted. To refine and improve it, I turned to one of the growing number of AI platforms for assistance. The result is a significant improvement over my original writing and organization, making the narrative clearer and more engaging.

    If reading this article is still too long, you can scroll down to see after all the back and forth input between AI and I, AI wrote a good synopsis of this whole article.

    Liberty Memorial Mall in Kansas City

    Video clip from the 1983 movie THE DAY AFTER, which depicts Kansas City—of all the major US cities—being incinerated in a nuclear holocaust, including the iconic Liberty Memorial Mall. Directly below the video is the Kansas City Times follow-up to the September 13 record, featuring a picture of me. Remarkably, this image mirrors the very same end scene from the movie, echoing the newspaper record from seven years earlier on ALL SOULS DAY.

    Chronicle and Signpost: Ray Joseph Cormier-SIGNS OF THE TIMES

  9. Dr Pangloss's avatar
    Dr Pangloss February 18, 2025 at 9:10 am #

    Some are simply more transparently honest with their ego – which is of course a defense construct that is hardened according to the number and intensity of the battles that one takes on in life. This is indeed a part of the Irish tradition.

    Others enjoy the cloak of false humility and passive aggressive groveling which, at the end of the day, may lead to many superficial titles and accolades, but commands little respect.

    The greatest spirits among us care little for any of the above distinctions.

  10. Ray Joseph Cormier's avatar
    Ray Joseph Cormier February 19, 2025 at 2:53 pm #

    Richard, I only learned of Francis Boyle through this tribute. Now I’m coming across articles on him often, this Today.
    The Criminality of Nuclear Deterrence Today: International Law as Anchoring Ground
    by Professor Francis A. Boyle

    Ladies and gentlemen:

    I am very happy to be speaking with you this evening. I want to express my gratitude to Zeit-Fragen for publishing the German language edition of my book The Criminality of Nuclear Deterrence (Clarity Press: 2002) which comes out now on the anniversary of the end of the Second World War. At this time 65 years ago, Japan surrendered to the United States after the atomic bombings of Hiroshima and Nagasaki and the incineration of 250,000 completely innocent human beings.

    My father was a Marine who invaded Saipan, Tinian, and Okinawa, and was preparing to invade Mainland Japan. I was brought up to believe that the bombings of Hiroshima and Nagasaki had saved my father’s life and thus made mine possible, although my father never raised me to be anti-Japanese or anti-German. But when I came to study international relations, I realized: This simply was not true. Indeed it was total propaganda by the United States government to justify nuclear terrorism and the mass-extermination of a quarter of a million human beings. Even Justice Pal in his dissent to the Tokyo Judgment said that the Japanese war criminals had nothing to their discredit as the bombings of Hiroshima and Nagasaki, which you can only compare to Nazi Acts.

    Today the world is at a precipice of another world war. The United States government has committed acts of aggression against Afghanistan, Iraq, Pakistan, Somalia, Yemen, and has authorized, armed, equipped, and supplied Israel to commit acts of aggression, crimes against humanity, and outright genocide against Lebanon and Palestine. Today the United States government is threatening to attack Iran under the completely bogus pretext that they might have a nuclear weapon, which the International Atomic Energy has said is simply not true. If they attack Iran with the Israelis, a British think-tank has predicted they could exterminate 2.8 million Iranians! They are fully prepared — the Americans and the Israelis — to use tactical nuclear weapons……………………………..
    https://michelchossudovsky.substack.com/p/criminality-nuclear-deterrence-francis-boyle

    Regards with Peace and Blessing,

  11. Steve Diamond's avatar
    Steve Diamond May 27, 2025 at 2:00 am #

    Thank you for these kind words about my lifelong friend Francis. If you knew his mother and father and the south side Irish culture from which he came you would probably realize that early on he inculcated the “never back down” attitude one saw – too often it must be admitted – in his listserv presence. Or, as we Irish like to say about barroom brawls: is this a private fight or can anyone jump in?

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