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.’ ##

.

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)

WHAT DRIVES ISRAEL—10/29/24

29 Oct

Prefatory Note This post is a much modified, updated version of my responses to questions posed Murat Sofuoglu, a Turkish journalist associated with TRT World. The dehistoricizing and decontextualization of the Hamas attack of October 7 was spread around the world by the most influential global media platforms and political leaders of the liberal democracies, and led to widespread sympathy for Israel and some months of tolerance of their response despite its legally and ethically unacceptable character. As such the Israeli response was initially sanitized by regarding  Palestinian grievances in Gaza as irrelevent, and also by uncritically accepting Israeli  hasbara that its response to the Hamas attack was solely motivated by security and counter-terrorist considerations, and thus disconnected from the Greater Israel priority and preoccupations of the Netanyahu coalition that came to power at the start of 2023 or more than nine months before the attack.]  


1. Has the Israeli model to secure Jews a homeland in Palestine failed?

I think it is misleading to refer to the Zionist Project in the singular and by reference to ‘a homeland’ as originally pledged in the Balfour Declaration issued in 1917. The minimum pre-1948 goal of world Zionism was to create a Jewish supremist state in Israel with an unlimited right of returns for Jews from anywhere in the world, and the denial of such an equivalent right to the Palestinians who were the native majority population. The Nakba that accompanied the 1948 War involved the forced expulsion from Palestine and permanent refugee/exile status for of at least 700,000 non-Jewish residents of the portion of Palestine set aside for Israel by the partition resolution of 29 November 1947 UN GA Res. 181. Israeli expulsion politics exhibited the Zionist intention in the fog of war was to ensure a long-term Jewish majority settler population that would enable Israel to claim credibly in its early years to be both Jewish and democratic, the latter proving to become

overwhelmed by the apartheid regime that was convincingly delimited as such over the course of the last decade. The occupation was fully documented as a type of apartheid violating the 1973 Convention on the Prevention and Punishment of the Crime of Apartheid. This assessment was validated by comprehensive reports, filled with data, prepared by ESCWA, Human Rights Watch, Amnesty International, and the Israeli NGO, B’Tselem.

Prefiguring the response of the governments of most liberal democracies was the failure to express any adverse reactions to Israeli apartheid despite their earlier support for the global anti-apartheid movement that exerted so much pressure on the South African government that it pleasantly surprised the world by releasing Nelson Mandela from prison and proceeding rapidly to become a constitutional democracy incorporating legal commitments to racial equality. Why was there no negative international response to Israeli apartheid?  At the very least the apartheid assessments should have led to a demand that Israel withdraw from Gaza, West Bank, and East Jerusalem.

Even earlier, the most that the US Government could manage to say about the relentless expansion of unlawful settlements that ‘it was unhelpful.’  At first, Western governments were reluctant to be even mildly critical of Israel because of their own failure to do more by way of opposition to the Holocaust, inducing a debilitating sense of guilt made more potent by Israel’s domination of the public discourse subtly facilitated by a racist dehumaniization of the Palestinian other as an Orientalized inferior people when compared to the rapid modernizing prevailing temperament in the new Jewish state.

The UN contributed to the Palestinian tragedy by initially proposing partition of a previously colonized national entity without bothering to consult the Arab majority population residing in Palestine that would have certainly been opposed to lending legitimacy to such a fracturing of their homeland. But the Palestinians were never given a chance to vote in a referendum on partition, which itself was an ahistorical imposition of UK colonial interest and methods of control by a logic of ‘divide and rule.’

This post-1945 tragedy was compounded and prefigured the future ordeals of the Palestinian people by the failure to at least secure the promised Palestinian state of equal status to Israel before legitimating Israel’s claims to statehood by diplomatic recognition and admission to the UN as a member sovereign state. The 1967 War aggravated Palestinian grievances by. establishing Israeli de facto control by way of conquest over the Palestinian territories of East Jerusalem, West Bank, and Gaza, again given unregulated de facto control by way of the doctrine of Belligerent Occupation, supposedly within a temporary and regulative international law framework set forth in the 4th Geneva Convention and the First Additional Protocol. Israel massively violated its terms of occupation in numerous fundamental ways from Day One. Perhaps, the most flagrant early expression of Israeli territorial unilateralism was its incorporation of East Jerusalem into sovereign Israel as ‘its eternal capital.’ This symbolic and substantive land-grabbing that included Islamic sacred sites has never to this day been accepted by the majority of states, and the Israeli move to establish Jerusalem as the Israeli capital was declared ‘null and void’ in an 2017 Emergency Session General Assembly Resolution (ES-1019) supported by a super-majority of Member states but opposed and then ignored by the US and the main states of NATO [the vote was 129-9-35 (abstentions).

The developments between 1967 and 2024 consolidated Israeli territorial ambitions in occupied Palestine by way of the extensive unlawful settlement movement, a coercive apartheid occupation regime that subjugated Palestinians living under prolonged occupation that culminated in the genocidal and ecocidal assault on Gaza that killed many in real time and totally devastated Gaza as a livable habitat. The settler colonial assessment of Israel disposing the majority native population resembled the pattern of the breakaway British colonials (US, Canada, Australia, and New Zealand) each of which, although New Zealand less so, implemented their colonial encroachments by genocidal tactics in response to resistance, and succeeded in establishing their flourishing and enduring state.

In retrospect, it seems obvious that Zionism, and since 1948, Israel itself pursued a two-track strategy: first, a public hasbara discourse that claimed moderation and pretended to seek a democratic polity and engage in a search for a political compromise on land rights, democracy, and human rights with the native population; secondly, a political strategy that opportunistically advanced by stages to realize the hard core Zionist Project of restoring Jewish exclusive control over the Biblically ‘promised land’ of Jewish tradition at a given time for what it could get by way of an expansionist vision with respect to Israel itself, neighboring countries, and regional geopolitics. Not only did the shadows cast by the Nazi Holocaust in the early years of Israel’s existence inhibit criticism of the settler colonial aspects of Israel’s approach to the indigenous non-Jewish residents of Palestine but Israel’s first political leader, David Ben Gurion a committed secularist, cynically declared ‘Let the Bible be our weapon,’ and in the process claimed a religious entitlement to all of historic Palestine as ‘the promised land’ of Jewish tradition, which has prevailed over the prime norm of colonial decline, that of the right of sef-determination.

After the 1967 War Israel became itself a partner in ‘colonialism after colonialism’ in the Middle East. There emerged a strategic relationship with the United States and Europe that embraced regional security, safeguarding oil and gas reserves for the West, and cooperating with respect to the containment of political Islam, especially after the Islamic Revolution in Iran (1979). This US led geopolitical limitations imposed on regional autonomy were highlighted by the unprecedented US political commitment to ensure that Israel possessed a military capability to defeat any combination of regional adversaries. Such a willingness to indulge ‘Israeli exceptionalism’ with respect to regional security was  dramatized by looking away while Israel covertly, with European active complicity not only became the sole nuclear weapons state in the Middle East but assumed the role of guardian of non-proliferation when it came to Iran.  As Israel gained in strength and regional acceptance via the Abraham Accords reached in 2020 during the last months of the Trump presidency it seemed on a path that would end with a one-state solution under its sole and uncontested dominion.

As Israel gained in political acceptance and self-confidence it became less shy about revealing its nationalist agenda. The 2018 Basic Law, with a quasi-constitutional status, was forthright in claiming Israel as a Jewish State, with the Jewish people exclusively entitled to exercise the right of self-determination (ignoring the rights and relevance of the 20% of its population that was non-Jewish, and Hebrew was confirmed as the only official language. Even extreme Israeli apologists seemed reluctant to any longer claim, what was never true, that “Israel was the only democracy in the Middle East.” The net result as of late 2024 is that it is the Palestinians who have become unwelcome strangers in their own historic homeland. Israeli democracy, such as it has become, was clearly in practice and law ‘for Jews only.’ And again the Western patrons of Israel watched from the sidelines as Israel kept enlarging and disclosing its zero-sum vision of conflict resolution, and disregard of the US role as intermediary in the search for a diplomatic resolution of the conflict.  

2. What is Israel trying to achieve with its ongoing war campaign across the Middle East?

Again, we are challenged to deal with Israel’s mainly undisclosed intentions and what is disclosed is not trustworthy or a small part of the Israeli policy agenda motivating the enlargement of the combat zone. For greater insight we are forced to rely on conjecture to produce some kind of illuminating, yet plausible, interpretation. As with Gaza, Israel claims a right of self-defense. It seeks extra weight by insisting that its enemies are all sponsors or guilty of ‘terrorist’ violence’ and proxy engagements determined to undermine Israeli security, Even if we accept this line of argument Israel’s use of force in Lebanon is disproportional and indiscriminate, self-acknowledged and operationalized as an inflammatory application of the Dahiya Doctrine originally set forth in the Lebanon War of 1982. The Dahiya Doctrine was enunciated by a leading Israeli general, expressing the intention to retaliate disproportionately against security provocations threatening Israeli interests. The Gaza genocide can be viewed as a grotesque and maximal example of Dahiya thinking and practice, although specifically motivated by Israeli extraterritorial security priorities, ethnic cleansing, economic ambitions, regional paranoia, as well as its invariable dismissal of the genuine grievances and armed resistance of adversaries as invariably of a terrorist character.

In certain ethical respects the Dahiya Doctrine is an Israeli adaptation of the logic of deterrence that guided security policy of both US and USSR during Cold War. Its most salient feature was known as Mutual Assured Destruction  (or to critics as MAD). Israel’s adaptation consisted of substituting the threat of genocide for that of nuclear retaliation. The core idea of deterrence is a credibly threatened unacceptably disproportionate response to any fundamental threat to strategic interests or to homeland security of the nuclear antagonists and their close allies.

There is no mutuality in Israel’s approach to deterrence, which is a generalized warning to its regional adversaries of dire results if they dare to attack or provoke Israel. Any regional state purporting to balance Israel hegemonic nuclear capabilities is projected as such a threat, which presupposes a geopolitical right to maintain Israel’s regional nuclear supremacy.

3. Do you think with the current campaign, the Netanyahu government aims to resolve once and for all the Jewish question, fixing Israel’s place in the Middle East? 

It seems as though Israel has been expanding its combat objectives initially justified as retaliation against Hamas for the October 7 attack by adopting a proclaimed goal of exterminating Hamas. While pursuing this goal Israel engaged in such excessive and indiscriminate violence that its behavior was widely perceived as a transparent instance of genocide committed in real time and including a growing and increasingly activist minority in the civil societies of the Western countries, including many Jews, whose governments most ardently support Israel. Israel has suffered a near total loss of legitimacy as a normal state and is increasingly viewed as a pariah or rogue state to an extent exceeding the condemnation of even overtly racist and oppressive South Africa. This ended when the Pretoria government surprised the world by abandoning apartheid in the mid-1990s, apparently for pragmatic reasons associated with debilitating sanctions that limited South Africa’s participation in world society, including cultural and sporting boycotts that curtailed the freedoms of the ruling white minority.

Israel has handled this international hostility differently and more defiantly than South Africa, partly because it has had the benefit of strong geopolitical support from the governments of the Global West, especially the all-important US. Israel’s security is a matter of strategic importance to the West as a beachhead in the Middle East for the related purposes of ensuring access to oil and gas reserves of the region and containing the spread of political Islam. Thus, the increase of Israel’s war objectives to include Hezbollah, the Houthis, and of course Iran has also become a battleground in the Clash of Civilizations within the region and is a potent source of instability parallel to the incipient Second Cold War with China and Russia. Whether Israel, with Washington’s backing and probable participation will provoke war with Iran is one of the great uncertainties of this historical moment. Part of this uncertainty involves assessing the relevance of Netanyahu’s personal survival agenda and whether the Religious Right in the governing coalition will push these wider objectives to the point of regional war with dangerous geopolitical risks. An ethical imperative is also continues to be present– not to shift attention away from the ongoing acute human catastrophe entrapping the civilian population of Gaza in deliberately induced death threatening traumas of mass hunger and widespread disease.

What Israel does and refrains from doing in the next few weeks will have a major impact on the prospects for a peaceful future responsive to growing ecological challenges. This in turn may reflect the outcome of the US presidential elections, and how the new leadership handles this dangerous, fragile global situation that combines a prolonged humanitarian catastrophe, ethical and legal gross abuses of civilian innocence, and hazardous neglect of heightened risks of geopolitical encounters and ecological collapses.

##

What Can Iran & Palestine Expect from the US Presidential Elections?

23 Oct

[Prefatory Note: The following interview is in responses to questions addressed.to me by Kayhan New Agency in Iran. It is focused on an interpretation of how the forthcoming American elections are likely to affect Iran, and the policies toward the current  combat zone involving Gaza, the West Bank, and Lebanon. X/0]

Kayhan Interview.   10/9/24

1-What impact does the U.S. election have on the Middle East (Israel-Palestine-Iran)?

Unless Trump is elected, which seems now shamelessly plausible, I see no prospect of change. If Trump is elected, he is more likely to encourage Israel to escalate tensions with Iran by way of an all-out military attack on Gaza and Iran, encouraging the use of a 30k blockbuster bomb and even a missile with a nuclear warhead directed at Iran’s nuclear facilities.

There are also dangers of such a scenario unfolding if Harris are elected, but somewhat less so. It could be brought about by the Netanyahu government exerting provocative pressures by way of alleged intelligence reports that Iran poses an existential threat to Israeli security and currently possesses nuclear weapons or is close to crossing that red line.

It may be that Iran’s conduct in the aftermath of the elections held on 5 November will have some effect in either calming or. agitating bellicose impulses. If the new President of Iran makes a determined diplomatic effort in the region, possibly centered on cultivating positive relations with Turkey, Egypt, and Saudi Arabia, it could alter Israel’s calculations, but nothing is certain and nothing should be taken for granted or assumed. 

2-The effects of current events in the Middle East on the American elections?

Recent developments in the Middle East, especially the Gaza genocide and the expansion of the Gaza combat zone to the West Bank in Israel and to neighboring countries including Lebanon, Iran, Syria, Iraq, and Yemen are having very little impact on the American election, except for the Muslim-American minority and a small group of progressive individuals, including especially younger Jews. However, this numerically small

number compared to the size of the national voting public it could have an impact greater than one would expect because of its influence in battleground states. This reflects the concentration of Muslim-Americans is parts of the country where the electoral competition is very close, and the failure of these normally pro-Democratic voters to support Harris are strengthening Republican prospects, and hence heightening prospects for a Trump victory. The American electoral system is such that the winner is not chosen by the candidate with the most votes, but by a complex weighted system that gives each state, based on population a certain number of votes, which are so allocated as to give advantages to rural and small states where Trump is most popular.

3-Why student protests have been silenced in America and we dont see any protests in universities?

These protests have not yet been completely ‘silenced’ but certainly have been the targets of pressure from administrators of higher education and the Zionist, pro-Israeli, networks of influence.

Major donors to universities throughout the country with strong Israeli sympathies and ties have exerted their influence, usually hidden from public view. Israeli influence with American political elites is strong within the government and strong private sector lobbies (including military industries, energy). Students and faculty are intimidated, with pro-Palestinian activism leading to negative impacts on their career prospects. At the same time these protest sentiments remain strong among the more educated youth of America, although apparently dormant in the immediate period ahead. It would not be a surprise if a progressive movement outside the two-party system emerges in the near future, and becomes a real force in American political life.

4-Western countries state that the attack by Hamas on October 7 was a violation of human rights laws; Do you think the behavior of the Palestinians was a violation of the law?

Even after a year it remains difficult to have an accurate description of the events on October 7. There needs to be a trustworthy international investigation and report, although this will be opposed by Israel, and without such clarification it will be difficult to make a reliable assessment.

On the basis of what we know or are tole, it is the judgment of the most objective international law experts that Hamas had a right of resistance against an abusive and unlawful occupation of Gaza that had persisted since it was occupied in course of the 1967 War, but that atrocities committed during the attack should be considered legally prohibited, and the perpetrators held accountable. The Prosecutor of the International Criminal Court recommended to a Sub-Chamber of the ICC that ‘arrest warrants’ be issued for three Hamas leaders on the basis of this legal reasoning, and also for Israeli leaders on a similar basis in the course of their retaliatory onslaught.

My own view accepts the obligation of claimants of a right of resistance, regardless of how strong their entitlement to resist, to comply with the laws of war and international human rights law with respect to the deliberate killing of women and children. Hamas culpability this regard is minor if compared to the magnitude and severity of Israel’s genocidal response, but still criminal.

The division in the world between Palestinian and Israeli supportive governments and political movements exhibits the civilizational dimension of Middle East conflict zone that follows a conflict pattern of the West against Islamic societies. This recalls Samuel Huntington’s 1993 prediction that after the Cold War that there would not be peace, but ‘a clash of civilizations’ situated along the fault lines separating the West from various geographies of the Islamic non-West.  

5-What is your opinion about Iran’s attack on Israel and was it Iran’s right to attack Israel?

I am not familiar with the scale, targeting, damage, and details, but Israel had repeatedly provocatively attacked Iran previously without being itself attacked first, recently most strikingly by its assassination of the Hamas leader, Issmail Haniyeh, while he was visiting Iran to attend the inauguration of Massoud Pezeshkian as the new president. Iran certainly had a reprisal right, although the law of the Charter creates some ambiguity limiting international uses of forces to situation of self-defense against a prior armed attack (see UN Charter, Article 2(4), 51). Yet since many countries have claimed such a retaliatory right of reprisal it seems persuasive to argue that the Charter has been superseded by international practice, and the applicable tests of legality are related to such customary norms as proportionality, discrimination (as to targeting), and humanity (as to civilian innocence).

6-Why, despite the widespread protests in the United States? However, the United States still provides massive financial and military aid to Israel?

On the Middle East agenda, the US government is not being responsive to the people. The latter favor by a sizable majority a permanent ceasefire and a more balanced overall US approach to Israel and Palestine. Yet, the special interests associated with military sales and the policy goals of pro-Israeli lobbying organizations, especially AIPAC, are being accommodated by political elites in the US, and in most European countries.

The US situation is one where the pro-Israeli influence on politics is not balanced by pro-Palestinian influence in the venues of governmental authority (Congress, Presidency), which means that politicians have nothing to gain, and much to lose, if they are sympathetic to Palestinian grievances. Israel has effectively manipulated Diaspora Jews to make strong unconditional commitments to Israel financially and politically. Finally, the Holocaust and antisemitism continue to be deployed to punish those who go out of line by supporting Palestine or Iran.

7-What do you think about Iran’s behavior in supporting Palestine and Lebanon?

If you have any comments or suggestions. opinion, please write to us

I think such support as Iran has given, which is not known with any precision, is far less than what Israel and its Arab friends have received, and is thus legitimate as a reasonable

balancing involvement. Beyond this, by supporting Lebanon and the Palestinian struggle Iran is on the right side of history and of morality, while the US and the former coloniall powers of Europe are supporting the prime instance of 21st Century ‘settler colonialism’ and it genocidal disposition of the majority native population.

Empowering the UN, Disempowering Militarist Geopolitics

22 Oct

[Prefatory Note: I post a review of the recently published Liberating the United Nations: Realism with Hope appearing in Foreign Affairs, the most influential journal for mainstream foreign policy analysia. The book was written by Hans von Sponeck, former Assistant Secretary General of the UN, and myself, and published by Stanford University Press a few weeks ago. The title given to this generally positive review essay of our book is deeply misleading. It not a matter of ‘saving the UN’ but of empowering the UN to fulfill its originall missions of war prevention and global security, and overcoming those aspects of its identity that gave instututional hegemony to the winners of World War II; thus we would entitle a review ‘Can Humanity be Saved Through the UN’?]

]


Can the United Nations Be Saved? | Foreign Affairs

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Review Essay

Can the United Nations Be Saved?

The Case for Getting Back to Basics

By Thant Myint-U

November/December 2024Published on Sign in and save to read laterPrint this articleSend by emailShare on TwitterShare on FacebookShare on LinkedInGet a linkPage urlRequest Reprint Permissions

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The quest to fix the United Nations is almost as old as the organization itself. Eighty years ago, Allied leaders imagined a postwar order in which the great powers would together safeguard a permanent peace. The Security Council, dominated by its five veto-wielding members—the United States, the Soviet Union, the United Kingdom, France, and China—reflected the world as it was. Other, less hierarchical parts of the new UN system were meant to foster international cooperation across a host of issues: the global economy, public health, agriculture, education. The seeds of a future planetary government were evident from the start.

The UN was initially conceived as a military alliance, but that objective became impossible with the onset of the Cold War. Many observers predicted an early death for the UN. But the organization survived and was soon reenergized, fashioning aims that its founders never imagined, such as peacekeeping. Its secretary-general became a figure on the global stage as the world’s preeminent diplomat, jetting off to war zones to negotiate cease-fires. Specialized agencies under the UN, such as its Educational, Scientific and Cultural Organization (UNESCO), and a raft of new technical assistance programs spread their wings. For some officials, scholars, and activists both within and outside the UN, a hopeful vision of global government persisted.

The American legal scholar Richard Falk and the former German diplomat Hans von Sponeck are clearly in the camp of those who would like to see a far stronger UN. In Liberating the United Nations, they make the case for an organization that can deal effectively with the slew of challenges facing the world today, from climate change to nuclear proliferation. They see no alternative. At the same time, they bemoan the UN’s current dysfunctional state and its increasing marginalization from the major issues of the day. The global body, they say, “is more needed than ever before and yet less relevant as a political actor than at any time since its establishment in 1945.”

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The authors provide a detailed overview of the UN’s complex structures and multifaceted undertakings and make a spirited attempt to convince readers that a renewed investment in the organization is the best possible path to a better future. They offer a worthy vision of an ideal global body, imagining, for example, a reformed Security Council linked with civil society organizations from around the world. Their prescriptions, however, do not fully account for challenges to the UN’s legitimacy and standing. Given today’s realities, those who believe in the enduring importance of the UN should not seek to make the institution all things to all people but should instead adopt a laser-like focus on strengthening the organization’s most fundamental function: preventing war.

THE GOOD OLD DAYS

In Falk and von Sponeck’s telling, the UN has demonstrated considerable innovation, even during the Cold War, despite the constraints of that era’s superpower rivalry. This was especially true under Dag Hammarskjold, who served as secretary-general from 1953 until his death, in 1961, and pioneered new forms of preventive diplomacy. The speedy deployment of blue-helmeted UN peacekeepers during the Suez crisis in 1956 was a prime example of this early creativity.

By the 1990s, with the Cold War over and Moscow’s veto no longer a hindrance to American primacy, the UN expanded its peacekeeping operations, which proved successful in places as far from the seats of power as El Salvador and East Timor. The organization also became an intellectual leader—it crafted, for example, the notion of human development as a counterbalance to the simple metric of per capita GDP.

For Falk and von Sponeck, this was also a period of lost opportunity, as the United States focused its energies on consolidating a new international regime favorable to global capitalism rather than on building the foundation of a UN-centered world government. A series of peacekeeping failures, from Bosnia to Rwanda, colored the lead-up to the turn of the century, by which time the world’s post–Cold War enthusiasm for the UN had largely dissipated. The American invasion of Iraq without UN authorization marked a new low point for the organization, demonstrating its impotence in the wake of great-power aggression. Today, Falk and von Sponeck say, in the face of a “dysfunctional ultra-nationalist backlash,” the organization is hobbled even more and has little political support for much-needed amendments to the UN Charter, such as reforming the composition of the Security Council.

The quest to fix the United Nations is almost as old as the organization itself.

There are problems with the book’s history. For example, the authors mistakenly describe the crisis in the Republic of the Congo, which drew in the UN in 1960, as being caused principally by “tribal conflicts and ethnic regionalism,” when it was very much about attempts by white supremacists to maintain their dominance over Congo—in particular, its vast mineral riches—after the country won independence from Belgium. The authors are also mistaken in suggesting that Hammarskjold supported what they oddly describe as Congolese Prime Minister Patrice Lumumba’s “radical economic nationalism.” The two men were famously at odds, and at least a few of Hammarskjold’s aides, if not the secretary-general himself, were complicit in Lumumba’s overthrow in 1960.

Far more important, however, is what’s missing from the authors’ account. For nearly all the peoples of Africa and Asia, the history of the twentieth century was first and foremost a history of empire and their long fights for freedom. Over the late 1950s and early 1960s, representatives from newly independent nations—the “Afro-Asians,” as they called themselves—transformed the UN, bringing it to the height of its ambition and vigor. The UN was the mechanism through which they asserted their hard-won independence and shaped and protected their sovereignty. For them, Congo was a test of whether white supremacy would be a mainstay of the postcolonial world.

Falk and von Sponeck correctly mention the critical role played by the UN from its very beginning in the struggle against racism globally and against the apartheid regime in South Africa in particular. But they are incorrect in suggesting that non-Western governments were more interested in the development of a fairer world economy than in the prevention of war. For the Afro-Asians, peace, development, and the realization of human rights were interdependent parts of a bigger project of equality after empire.

The Afro-Asians embraced the UN. In 1961, they were instrumental in the appointment of one of their own to secretary-general: the Burmese diplomat U Thant (my grandfather). In 1962, Thant, working closely with other Afro-Asian leaders, played a pivotal role (which is lost in most narratives) in the de-escalation of the Cuban missile crisis. His mediation efforts between U.S. President John F. Kennedy, Soviet Premier Nikita Khrushchev, and the Cuban revolutionary Fidel Castro marked the apex of the organization’s work in war prevention. While the Security Council was often deadlocked, the secretary-general and his team of mediators were more active than ever across a variety of conflicts, from Cyprus and India to Pakistan and Vietnam. The UN’s record of peacemaking endeavors, which were intimately linked to the ascendancy of what was then called the “Third World” majority, is absent from the book.

REFORM AND REALITY

Liberating the United Nations includes a deep dive into the authors’ own experiences in the organization. Falk, for many decades a professor of international law at Princeton University, was in the early 2010s the UN’s special rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. Von Sponeck, a career international public servant, was the UN’s humanitarian coordinator in Iraq in the late 1990s; he resigned in protest over the harm that sanctions did to Iraqi civilians. Both demonstrate the many ways in which their efforts were thwarted by geopolitics—that is, the interests of the United States and other powerful governments. Behind their accounts is the central tension in the book: on the one hand, the authors’ desire to see the UN become a kind of global government and, on the other, the political currents frustrating this aim.

Falk and von Sponeck are “puzzled” by the inability of the UN to “gain the political traction needed” to make itself the effective tool for peace that they believe it can be. They contend that over the decades, despite herculean obstacles, the UN has proved itself an “indispensable feature of a sustainable and positive world order.” With more funding, “as well as greater forbearance by geopolitical actors and more appreciation by member governments, civil societies, and the media,” the world body could again scale new heights.

The obstacle, as they see it, is an “outmoded form of ‘political realism’” that “will require an ideological struggle” to overcome. Governments are trapped in their own geopolitical calculations and do not appreciate that the only answer to today’s global challenges is a reformed UN at the heart of vigorous global cooperation. For this to happen, they call for a “progressive transnational movement of peoples,” one “strong enough to exert a benevolent influence on governmental and international institutional practices.” Only with this kind of groundswell will the UN be able to address “such basic structural problems as predatory capitalism, global militarism, and ecological unsustainability.”

The authors are certainly right that the UN has not only survived but succeeded in a number of sectors and settings. It has produced a body of international law unprecedented in history. Its humanitarian agencies would be difficult to replace. In the event of another pandemic, only the World Health Organization, for all its flaws, could coordinate a truly global response.

With more funding, the UN could again scale new heights.

Falk and von Sponeck place front and center the need to update the composition of a Security Council that is still locked in a World War II–era constellation. There are few, if any, good arguments for denying countries such as India a position at least on par with that of the United Kingdom or for denying non-Western states greater representation more generally. In recent decades, the story of the Security Council has been of a body dominated by five rich countries deliberating conflicts in low-income countries. The unrepresentative composition of the five permanent members leads to a host of inequities, such as the biased appointments of senior officials, that run through the UN system. It is easy to see why enthusiasm for the UN in much of the world has steadily declined.

But any effort to fix the UN today will run against immense political headwinds. It’s nearly impossible to imagine a package of changes to the Security Council’s membership that could win support among its current permanent members. It’s also unclear that any change to the composition of the Security Council, however salutary to the UN’s legitimacy, would improve the organization’s effectiveness. The only result may be new kinds of deadlock (albeit with perhaps more interesting debates).

There’s also a more basic challenge: the plethora of alternative avenues for governments to pursue their interests, including bilateral agreements; regional organizations, such as NATO; and forums, such as the G-20. The UN’s headquarters, in New York, was once the only place in the world where representatives of many countries could meet. There were few other summits. Over the late 1950s and early 1960s, the annual General Assembly meetings stood at the very center of global politics, with everyone from Kennedyto Khrushchev to anticolonial revolutionaries, among them Ghanaian President Kwame Nkrumah and Egyptian President Gamal Abdel Nasser, all playing their larger-than-life roles in a dramatic theater that gripped the planet.

Falk and von Sponeck conclude that U.S. unilateralism is what has been constraining the UN, with Washington unwilling to invest in the organization’s renewal. But surely, it is not only the United States that seeks to act outside the UN. For smaller states, the UN may be the one arena where they have an equal seat at the table. But for others, such as the rising middle powers of the world, there’s an ever-increasing menu of options.

MISSION: POSSIBLE

There’s a deeper challenge still: the nature of the UN itself. Over the decades, the UN has developed its own culture, language, and ways of working—invaluable products of the only attempt ever to build an institution that involves all humanity. But it has long been addicted to process over outcome. The organization’s built-in need to reflect everyone’s views, in every paragraph of every text—in a staff circular as in a General Assembly resolution—too often strips away meaning and value from even its best-intentioned efforts.

The manner in which the UN manages its people is another vexing issue. The organization includes legions of public servants, including aid workers and peacekeepers, who are dedicated to its lofty principles and perform heroically, often under the most trying circumstances. But few of them have benefited from good management. The most capable are rarely recognized for their skill and sacrifice. Governments, especially the great powers, insist on their own (often unqualified) nominees for the top jobs, creating a perversion at the heart of the system that undermines morale, as well as efficiency. An effective UN needs at its core a highly motivated civil service staffed by the most qualified women and men from around the world. It’s an area of reform that receives almost no attention.

The default scenario is one in which an unreformed or slightly reformed UN continues evolving a smorgasbord of functions—protecting refugees, facilitating climate change negotiations, providing development assistance—doing well in some areas and less so in others. Its conferences, even if they do not necessarily solve global problems, keep alive dialogue on global issues, at times providing a platform for an array of international civil society organizations. The trouble with this status quo scenario is that by spreading itself thin, the organization is distracting itself from its main purpose of preventing war.

For the foreseeable future, the Security Council, the main body responsible for international peace and security, will likely remain unable to address the primary threats of the day, among them the Russian invasion of Ukraine, conflicts in the Middle East, and disputes over Taiwan and territories in the South China Sea. Superpower tensions within the Security Council are nothing new—but they need not stand in the way of preventive diplomacy and mediation. Hammarskjold and Thant’s most important peacemaking achievements took place during the Cold War, in the late 1950s and early 1960s. In the late 1980s, the quiet mediation of Secretary-General Javier Pérez de Cuéllar made possible several peace agreements that set the stage for the end of the Cold War itself.

By spreading itself thin, the UN is distracting itself from its main purpose of preventing war.

In the absence of a dynamic, reformed Security Council, the key to future UN success is the secretary-general’s role as the world’s preeminent diplomat. Peace is the primary business of the UN. There are many conflicts that may well be resolved without any UN role. But the past 80 years demonstrate that the secretary-general, an impartial mediator representing a universal body, is at times indispensable. One who is sidelined on the issues of war and peace will have far less influence with which to lead on global challenges such as climate change and development.

The public expects the UN to head efforts to end war. Today, terrible new wars are destroying the lives of millions and raising the threat of nuclear confrontation. It’s a very different time than the 1990s, when all the great powers were content to dispatch peacekeeping operations to end internal conflicts. The world has returned to a period of warfare between states, exactly what the UN was set up to prevent.

Because there is little oxygen for reforming the UN, whatever oxygen exists needs to be deployed efficiently to restore and broaden the secretary-general’s peacemaking role, which can address not only internal conflicts but interstate wars, as well. This will require building a team of experienced in-house mediators who have an intimate knowledge of what the organization can and cannot do. In the past, the UN achieved considerable success through the leadership of officials such as the Nobel laureate Ralph Bunche, who served both Hammarskjold and Thant and was instrumental in dozens of peace efforts around the world.

In this dangerous and uncertain moment, the secretary-general of the United Nations can explore and create opportunities for conflict resolution. Only the UN has the authority and credibility to play this role. And over the coming years, it may make all the difference between global war and peace.

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Liberating The United Nations: Realism with Hope

Liberating The United Nations: Realism with Hope

By Richard A. Falk and Hans von Sponeck

Stanford University Press, 2024, 430 pp.Buy the book 

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What is Israel Doing in Lebanon? War with Iran? Expansionism? Deterrence by State Terror? Netanyahu’s CV

16 Oct

[Prefatory Note: This post is based on my responses to questions put by a Brazilian journalist working for CORREIO BRAZILIENSE, Rodrigo Craveiro, on October 16, 2024. The focus is on the regional spillover of violence as linked the Gaza Genocide, which itself is still ongoing after more than a year, arousing concerns from internationally reliable sources of starvation and disease prompting adverse reaction from Israel’s supporters. Major states in Europe are threatening Israel with an arms embargo if does not accept a ceasefire, while the US warms Israel that it will cease supplying Israel with weapons if does not facilitate an increase in the delivery of humanitarian assistance to Gaza within the next 30 days.]

1– Today US warned Israel to take urgent steps to improve the humanitarian situation in Gaza within the next 30 days or face losing access to US weapons funding. How do you see that?

From the perspectives of international law, human rights, and the UN such a US move comes far too late, yet from a political perspective of ending the violence in Gaza and the expansion of the combat zone beyond Gaza a cutoff of US weapons support would be a small step in the welcome direction of peacemaking.

It is worrisome that the Gaza warning is framed in terms of the humanitarian catastrophe that continues to befall the Palestinian civilian population in Gaza without mention of a ceasefire or the spillover Israeli violence in Lebanon, Syria, Iraq, and Iran.

And why a 30 day grace period, and not immediately in view of emergency realities in Gaza that threaten increasing famine and disease, concerns that have received confirmation in recent days from reliable and respected international expert sources.

From experience over the past year, it is too early to tell even whether the US warning to Israel will be implemented. The US Government has warned Israel in the past, most recently in relation to avoid attacking Rafah with its large number of sheltering Palestinians. Israel ignored the warning and nothing was done by Washington to withdraw US support.

Finally, improving the humanitarian situation is vague, and can be satisfied by vague and often unverified and contested self-serving assessments as with disruptions during an agreed pause in the violence to allow delivery of polio vaccines to Palestinians in Gaza.

2– Netanyahu said today Israel owes its existence to victory in the 1948 Arab-Israeli war and not to the approval of its creation by the UN. What do you think about it?

Israel has always been guided by a realist belief that national security is a reflection of military hard power rather than be earning a law-abiding reputation. In that sense, Netanyahu is merely declaring what has been obvious at every stage of Israel’s existence and even during the pre-state period of the Zionist Movement.  Only a fool in 2024 would deny that Israel puts its trust in weaponry rather than in legality or morality. By setting military approaches to security against legitimation by the UN as a distinct choice, Netanyahu and leaders before him, have consistently avoided a stance in which Israel’s leaders would contend that both their battlefield success and the UN acceptance as a legitimate state were instrumental is establishing Israel as a state back in 1948, a date long prior to finding an appropriate solution for Palestinian grievances and just aspirations, a great, rarely acknowledged UN failing.

In the recent year or so, Netanyahu along with other Israeli leaders and Western supporting governments have joined in defaming the UN as biased against Israel, even institutionally antisemitic. This is manifested in many ways, but none resented by Israel more than the alleged holding of Israel to standards higher than applicable in the treatment of all other UN members.

Critics of Israel’s approach to security and conflict resolution approach believe the opposite is true, that even at the UN Israel has been able to hide its crimes and expansionism behind thick clouds of obfuscation and geopolitical protection. Palestinians  have a far stronger case against the UN due to its imposition back in 1947 of a partition of their country to achieve a two-state outcome without ever consulting the wishes of the resident majority Arab population, and then failing to secure Palestinian rights in the land allocated for their state, the extent of which was further diminished by Israeli military expansion. The UN has let the Palestinian people suffer despite their acceptance of responsibility as the successor to the British Mandate.  

3– Hezbollah threatened today to  carry out attacks in “all” Israel. Why do you think Israel is facing difficulties to defeat Hezbollah?

It is difficult to speculate on the motivations of Hezbollah, and hence their evident determination to withstand the Gaza-like onslaught that Israel threatened and is now enacting. It may be partly tied to the Israeli assassination of their longtime leader, Hassan Nasrallah, or to a sense of a sacred struggle in the spirit of jihad or to a collective Islamic response to Israel’s recourse to genocide. The support for Israel among the liberal democracies of the Global West is a somewhat analogous collective civilizational stance, although not portrayed as such, especially in the US. On neither side of this most destructive and dangerous encounter since the Cold War can behavior be explained by reference to traditional national interests alone.

Ever since the anti-colonial struggles for self-determination and against Western encroachment have been won by the militarily far weaker side, the realist equation of military superiority leading to political victory has lost its analytic power and explanatory force of how history evolves and  is made. In light of this development, it should be no surprise that Israel has not managed to defeat Hezbollah as yet despite mounting a series of punishing assaults on its Lebanon base area. As the Gaza post-October 7 experience illustrates, the only way to overcome the commitment of a victimized people struggling for a liberating freedom is by engaging in genocidal operations comparable to how the various Western settler colonialist projects dealt with the resistance of native peoples.

Militarism and Genocide in Gaza: The Bloody Signature of Western Decline

9 Oct

[Prefatory Note: The text of an interview with an independent Turkish journalist, Naman Bakac, published in Turkey on Sept. 26, 2024. Somewhat modified for this online publication.]

1.Almost all fundamental rights and principles are clearly being violated in the Palestinian territories: from the right of Palestinians living in occupied lands to self-determination, to the right of representation, which leads to the murder, imprisonment, and exile of their freely elected representatives; from the right to shelter as tents are deliberately bombed, to the right to food as Palestinians are deliberately left to starve; from sexual abuse of prisoners to torture, and from there to the right to housing as homes are demolished. However, international law and the community have been unable to prevent these violations to date. What legal texts are missing to stop these systematic violations? Which institutions are absent? If legal texts, legal institutions, and decision-making mechanisms cannot resolve this, what other tools and methods should be activated to prevent these systematic violations of rights?

Response: The Palestinian ordeal is not a consequence of the shortage or inadequacy of legal norms or mechanisms for their enforcement. The primarily obstacle to imposing adverse consequences in reaction to gross and transparent Israeli criminality is one of political will, especially on the part of dominant states in the Global West and to a lesser extent on the part of leading Arab neighbors, i.e. Saudi Arabia, Egypt.

It is only countries from the Global South that have been willing to have recourse to the existing international judicial procedures, the ICJ and ICC. The ICJ, the judicial organ of the UN, has a strong reputation for political independence and persuasive interpretation of international law, and its pronouncements are influential, even if they are procedurally cumbersome, often take years from start to finish., lack enforcement capabilities or mandates, and have a mixed record of compliane.

The ICC is a more recent institution, and nor part of the UN System. It does fill a serious gap in the legal coverage accorded to accountability for individuals accussed of committing serious international crimes. The ICC is further weakened by the failure of several leading states to become parrties to the Rome Statute, which is the legal framework governing ICC activities. The ICC also has never achieved legitimacy in the Global South because of its early image of being mainly preoccupied with crimes of leaders in sub-Saharan Africa, which was responsible for its West-centrric reputation. The ICC has seemed reluctant to hold accountable individuals associated with powerful states in the Global West, which include countries in Westernn Europe, North America, and currently Israel. By recommending the issuance of arrrest warrants to three top Israeli leaders (somewhat offset in political messaging by simultaneously making a reccomendation of arrrest warrants for the three top Hamas leaders, the ICC prosecutor made a gesture to challenge geopolitical impunity. So far the ICC sub-chamber that has the sole responsibility to issue arrest warrants has not yet acted. It has give to suspicion that the ICC is stalling in its treatment of these controversial recommenndations, due to reliable reports of pressure by Israel and allies to delay its decision, or better, reject the prosecutor’s recommendation on a variety of contrived grounds centering of the dual grounds of Israel not being a member of the ICC and it would be wrong to appear to criminalize a reasonable Israeli claim of self-defence.

The secondary obstacle is the degree to which World Order continues to be based on a hybrid arrangement of hybrid and contradictory relations of law to power: the majority of states are subject to international law in the area of peace and security, while a few, including the UN P5 (and their strategic friends) occupy a position that allows such governments to privilege strategic interests if these clash with legal obligations in UN settings. This hierrarchy is indirectly acknowledged by the veto power allowing the most dangerous states in 1945 to paralyze UN responses to their criminality and even to that of their friends and allies.

The Western support for Israeli genocide is itself criminal, as complicity is criminalized in the Genocide Convvention, but it is virtually exempt from critical scrutiny at the UN or elsewhere. A domestic court in the US has had been the cite of a judicial action to stop the Gaza Genocide brought by a çivil society organization, Center for Constitutional Rights, relying on a Universal Jurisdiction rationale. It has been so far been blocked in this legal pursuit by a dubious internal doctrine that views US foreign policy initiatives as not subject to adjudication due to a so-called Political Questions doctrine. This doctrine rests on an anachronistic view of the Separation of Powers that views Foreign Policy as belonging exclusively in the Executive Branch of Government, and therefore is not subject to judicial scrutiny. This overlooks the growth of international legal authority as a constraint on national behavior even if conducted as foreign policy.

2.Despite the world witnessing, in an unprecedented way, one of the most brutal massacres in history, with live footage, after Gaza can we still talk about international humanitarian law, international human rights, or the Pax Americana order established after World War II? Doesn’t the “Rule of Law in the Global Village,” the title of one of your books, come to an end after Gaza? Or should the path of reform regarding the United Nations, international law, and world order, as President Recep Tayyip Erdoğan has been advocating for years, be built?

Response: Although the first-order implementation of international humanitarian law, human rights law, annd Pax Americana failed at the governmental and international institutional level, their existence was important in awakening çivil society to the gross injustices and crimes that have been inflicted on the Palestinian people. Changes in the public discourse are important, as well, branding Israel, Israeli leaders, and complicit governments as perpetrators of genocide in a particularly overt and sadistic manner. By such reasoning Israel should be sanctioned for violating the Genocide Convention, its leaders be criminally proscecuted, and complcit governmentss be at least censured. This should make Israel and its supporters leading candidates for çivil society pressure to impose boycotts, to express moral and legal outrage, and to suspend Israel from participation within the framework of legitimate sovereign states until a dynamic of peace and reconciliation takes the place of war and genocide. Israel is guilty of unspeakable crimes and a defiance of respect for the norms of civilized behavior. Such an assessment is not meant to excuse Hamas, and its allies, for its alleged atrocities, although provoked and of a dramatically smaller impact than Israel’s post October 9th behavior.

Civil society is a court of last resort that becomes relevant, as here, when the established processes of law are unavailable, or worse, defied. In this regard, the established of the Gaza Tribunal Project to express opposition to what Israel and the West have done since October 7 and to give voice to the disappointment of citizens of conscience around the world that the normative structure of world order, including the UN, could not protect the vulnerable, essentially innocent and much abused Palestinian civilian population and respond to Palestinian grievances with respect to basic rights.

3.You have written more than 10 books on world order, global order, and international law. You also served for many years as the North America Director of the “World Order Models Project.” In nearly 100 years since the fall of the Ottoman Empire, as you put it, “the genocide is a continuation of the Apartheid in Palestine.” What kinds of gaps has the Palestinian genocide exposed in the world order paradigm? What truth has it revealed about the foundation upon which the world order is built? After Gaza, what kind of world order and international legal order do you foresee to prevent humanity from experiencing genocides like Srebrenica, Rwanda, and Gaza again? What is your belief and hope in this regard?

Response: If world order persists in its present form it seems almost inevitable that gruesome repetitions of genocide and other severe atrocities in the future. To transform the structures of authority now entrusted with the management of global security ensures a continuation of behavioral patterns that produce genocide, apartheid, aggression, and are responsible for many economic and ecological crimes will require an unprecedented movement from below by peoples organized through çivil society activism, insisting on a framework of law that has the capacity and will to enforce compliance on the strong as well as the weak. Such a development, admittedly utopian, alone could do away with geopolitics whose defining characteristic is a manageriall approach to global security that treats law and morality as irrelevant when in conflict with strategic interests of the Great Powers, and is by practice as well as theory iss dedicated to geopolitical rivalry that reduces law and morality to the level of propaganda and a policy instrument in the foreign policy toolbox useful to denounce the behavior of adversaries yet irrelevant as a constraint..

As for alll those books. I have been around a rather long time. The world changes and so do I. It is a matter of listening to others and being attenntive to what is happening. In this period of global interactive intensity it is especially important to learn from those who speak from other cultural spaces. Listening does not means abdicating judgment, but it does require making the effort to respond knowledgeably, which does a constant effort to detect and purge the subtle biases of your educational, discursive, and personal background. This is most difficult for we Americans who are trapped between their ‘exceptionalism’ and a dysfunctional militaritst sense of history. We are now living at a time of radical new technological and ecological challlenges that are being addressed, if at all, without taking accoount of long-term thinking, risks, harns, and solutions. We have entered an historical period of unprecedented species hazard, and most national elites are continuing blandly as if ‘business as usual’ was their job description. In some cases, even worse is to acknowledge in rhetoric the dangers that are intensifying, and then acting as if these fundamental challenges do not necessitate profound changes in how we think, feel, and act both individually and collectively.

As for alll those books. I have been around a rather long time. The world changes and so do I. It is a matter of listening to others, especially those who speak from other cultural spaces, and making the effort to respond, which requires learning to address the subtle biases of your own  educational and personal background. I have found this to be most difficult for Americans who are trapped between their claims of ‘exceptionalism’ and a dysfunctional militaritst sense of history. We are now living at a time of radical new technological and ecological challlenges that are being addressed, if at all, without taking accoount of long-term thinking and solutions. This is a time of unprecedented species hazard.    

4.As you know, Palestinian territories before 1967 were occupied by Israel. Regarding the occupied territories, the United States, the European Union, Russia, China, Turkey, the United Nations, and some Islamic countries are advocating for Israel to withdraw to the 1967 borders and for a two-state solution. Does this mean that the lands that Israel seized before 1967 through terror, violence, and Nakba are being accepted? Doesn’t this imply that the forced displacement of Palestinians before 1967, and the massacres and raids carried out by Jewish militias in Palestinian villages, are either ignored or legitimized? How do you assess the period from 1917 to 1967 in terms of international legal principles, the global legal order, and the founding mission of the United Nations? Moreover, since Israel does not accept the two-state solution, how is it that international law, institutions, and countries continue to accept it?

Response: I share your overall assessment of an exceedingly llimited willingness to redress the historic wrongs initially inflicted on the Palestinian people by way of a pre-Holocaust colonialist move on the part of the UK, known to the world as the Balfour Declarration, which was the source of the two original wrongs embedded in the Zionist Project, culminating in the Holocaust and its aftermath: first, an Orientalist disregard of non-Western societal wellbeing. It took the form of solving the problems in Europe caused by antisemitism and Jewish presence by encroaching on the sovereign rights of a non-consenting Muslim majority resident population in Palestine. And secondly, a Zionist resolve based on a politically self-serving biblical interpretation that created a Jewish entitlement to make Palestinians persecuted and unwanted strangers in their existential homeland. By such a logic the surviving native peoples in almost every part of the world dispossessed of their land and sovereignty rights would have an unassailable right to their indigenous pre-modern forms of sovereignty.

Given this background, the UN played its own part in furthering the Western-centric solution in the years after World War II, by way of proposing ‘partition’ of Palestine in a period dominated by the sense of guilt of the liberal democracies and effective propaganda by the Zionnist Movemennt  as well as superior military training, weaponry, and tactics in the 1948 War. For the post-1945 period, Israel emerged as as an expansionist nuclear-armed ‘settler colonial state’ that existentially rejected the co-existence, partition, compromise solutions as put forth in a biased framework controlled by the US, a most partisan intermediary. Israel for public relations reasons pretended to go along with this global consensus while acting to undermine it by its settlements, coercion, land-grabbing, and oppressive apartheid regime of control after 1967. During this process liberal Zionism, the UN, Western countries withheld criticism of Israel’s transparently defiant behavior, and continued their stubborn ineffectual adherence to the mantle of internationalism by way of the two-state mantra dismissing Palestinian resistance and even gestures of accommodation as forms of ‘terrrorism’ to be rejected in practice, colliding with the hidden Zionist vision of later became known as ‘Greater Israel.’ In the interim Israel became useful to the West. It lent muscle and diplomacy to the Euro-American regional priorities of retaining access to Gulf energy reserves at acceptable prices and resisting the spread of Islamically oriented nationalism.

The Gaza Genocide was the latest chapter in the struggle revealing political alignments in unexpected ways: the unity of the Western liberal democracies in their complicit response to such criminality; the passive response of Israel’s most prominent Arab neighbors, prompted by fear of Israel, hostility to Iran, and the links between governing elites and non-Middle East geopolitical actors, mainly the US. Given the size and extremism of the Israeli settler movement, especially in the West Bank, it seems politically naive and irrelevant to advocate a two-state solution even if it requires a Palestinian willlingnesss to swallow pre-1967 territorial and resource injustices and land-grabbing. Overall, the story of the West in the Middle East is a shameful chapter in the long narrative of Western encroachment on the most basic rights of non-Western peoples.   

5.While reading your book on “Humane Global Governance,” which is still in the idea phase and gives you hope, I couldn’t quite distinguish whether humanity or religion is the central focus of globalization. Despite your claim that globalization and secularism are in crisis, do you believe that religion should be utilized or that a humane globalization should be grounded in religion? Since your book also includes the chapter “Why and to What Extent Religion?” let us ask: Why is religion a dynamic factor in your model?

This question poses one aspect of why prescriptive writing about the geopolitical management of global security and relations among dominant states is so contingent on historical circumstances that evolve over time. In certain times and situations religion seems to have emancipatory potential and in others its theocratic governance and exclusionary policies seems dystopian. The same extremes can be observed in the role of secularity as national and global phenomena, which has given rise to visions of peace and justice but by way of geopolitical ambition and technological innovation has caused widespread conquest, exploitation and corruption in what was widely considered a post-colonial world following a wave of successful anti-colonial struggles. I have written of ‘colonialism after colonialism’ as best capturing the excesses of Western militarism and capitalism in this period between the end of the Cold War and the Gaza Genocide. It raises a new haunting question ‘What comes next for specific nations and for humanity as ideal and reality?’

6.In your book “Globalization and Religion,” you briefly address a very intriguing question as a chapter title. I would like to ask you to elaborate on it. The question in the book, if I may quote directly, is: “Does the Western secular state have a future?” If so, why? If not, why not?

Response: This kind of fundamental question requires a book if I were to attempt a comprehensive assessment. A brief response refers to the anti-democratic and regressive trends toward autocratic governance at home and anti-internationalism in foreign policy. Whereas ecological threats and technological developmentss are posing increasing threats of catastrophic futures, political agendas of leading governmennts are preoccupied with the short-term satisfactions and frustrations of the citizenry in the face of growing inequality and of governing elites in terms of geopoliticall rivalry and a stagnancy or worse for Western middle class life styles and expectations. It amounts to shifting ecological and technological problem-solving to future generations that will only survive if new political agendas are enacted under the influence of strengthened structures of global governance that are neither secular nor theocratic, but normative in a radical values-driven format of global-democacy-to-come. Such a benevolent future would depend on governmental elites renouncing narrow militarized forms of security.