[Prefatory Note: The text below is a written interview with Naman Bakaç, an independent Turkish journalist]
Q1. As you know, the Republic of South Africa brought a case before the International Court of Justice (ICJ) in 2023 on the grounds that Israel had violated the international Convention on the Prevention and Punishment of the Crime of Genocide. As an academic and activist who has worked in the field of international law for many years, what did you think of the ICJ decision? Who will be responsible for implementing the decision on the ground? Have those responsible taken action on the ground? How should international law be mobilized on the ground? Or are we to say that the UN’s highest judicial organ is ineffective?
R1. In what may yet become the most important judicial initiative in the 81 year history of ICJ, due to the gravity and visibility of the South African submissions charging violations of the Genocide Convention in December 2023. To date the court has only rendered a series of preliminary decisions in 2024 on Interim Measures involving requests by South Africa that Israel be ordered to stop its assault on Gaza and an emergency is unfolding. The majority opinion of the ICJ agreed that the combat tactics during the first five month after the October 7th by Israel constituted ‘a plausible genocide’ that should be paused pending a final decision and that Israel must immediatelu stop its interference with the delivery of humanitarian aid so that it can reach the 2.3 million civilian population of Gaza. These ICJ rulings were viewed enthusiastically throughout the world except of course for Israel and its complicit North American and European supporters.
As anticipated, Israel defied these Interim Measures, and nothing effective could be done to implement the ICJ decisions on the ground at the UN or elsewhere. In the absence of voluntary compliance with its rulings, the ICJ is dependent for enforcement upon a veto-free süper-majority vote of 9 affirmative votes of the 15 states in the UN Security Council. It is also controversially possible for the imposition of national sanctions by Member states to function as a supplemental enforcement mechanisms. Neither mode of enforcement was forthcoming in this crucial situation. We can conclude that the ICJ is only effective if none of the five permanent members of the Security Council invokes its right of veto or if these states, the major winners of World War II who were given managerial control over the implementation of international law in global situations as embodied in the UN Charter approach to ICJ enforcement.
From the Gaza experience it should not be concluded that the ICJ is entirely ineffective. Its judgments in high-profile litigation of this sort can exert a strong influence on public discourse and stimulate protest activity in çivil society worldwide. Such was the impact of the first of the Interim Measure ICJ decisions. Many influential media platforms also responded by tending to offer somewhat more balanced coverage of the daily happenings in Gaza, street and campus demonstrations spread, and the taboo on describing the violence as genocide was greatly weakened if not altogether abandoned. These pro-Palestinian developments are partially attributable to the legitimacy accorded to the legality of outcomes at the ICJ regardless of whether the losing side complies or the UN enforces.
A final point: it is a mistake to regard international law in its totality as ineffective because of its failures in the all-important war and genocide prevention contexts. In many routine yet vital transnational settings of international law works without regard to the inequality of political actors. International law provides reliability through compliance in such settings as respect for diplomatic immunity, air and maritime safety, tourism, freedom of navigation on the high seas, that is, in relation to behavior regulated by the win/win logic of reciprocity rather than the win/lose logic of power.
Q2. In our interview in October 2024 (https://perspektif.online/tufandan-sonra-askeri-ve-jeopolitik-kirilmanin-ilk-yili/), you said, “The US’s support for Israel at the expense of disregarding international law is an example of moral hypocrisy.” Does this moral hypocrisy also apply to Europe? Can we say that the Gaza Genocide has destroyed the West’s claim to moral superiority?
R2. Yes, more so than in 2024 the comparison between the outrage over the Russian attack on Ukraine and undisguised complicity in the most tramsparent genocide perpetrated by Israel in Gaza, undermines the authority of international law in the context of issues of global security. International law shifts its functionality from being a regulative process applicable to all sovereign states to being a policy instrument useful to mount state propaganda against adversaries but to be disregarded and circumvented when it involves strategic allies.
Europe has certainly joined the U.S., Canada, and Australia in closing ranks both with respect to denouncing the unlawfulness of Russia’s behavior in Ukraine while supporting the genocidal assault by Israel in Gaza. In relation to both of these conflicts NATO solidarity unified Atlanticist responses. This solidarity fractured to some extent in relation to the second Iran War of 2026.
Q3. In some of your articles and books that I reviewed, beginning in the 1970s and continuing through 2008, I came across the following titles: The Status of Law in International Society, The Future of the International Legal Order, International Law and World Order, International Law, the UN and World Order after Iraq. My question is this: Is there still such a norm as International Law? If the international legal order has become dysfunctional following the Gaza Genocide and Israel’s unlawful occupation and attacks against regional countries in the Middle East such as Lebanon, Iran, and Syria, what should take its place?
R3. am impressed that you took time to look at some of my past writings on international law. I am quite sure that I would find my views naive by placing hope in the confluence of international law and prudent geopolitics in the Cold War Era. I was part of the post-1945 generation that worried above all about the dangers of an apocalyptic nuclear war that would have catastrophic effects on the future of humanity. I hoped that humane rationality would prevail over the type of ‘political realism’ that operated as a hegemonic ideology in the inner circles of foreign policy decision-making.
I was greatly influenced by the U.S. involvement in the Vietnam War both for reasons of compliance with law and morality, and by the existential experience of witnessing first-hand the cruelty and onesidedness of a high-tech military superpower devastating a vulnerable, poorly developed society in Global South with no means of retaliation. I also saw that despite this unchallenged military superiority of the United States, it managed to lose the war, allowing a victimized people to achieve their goals of decolonization, national liberation, and self-determination. These latter perceptions cannot be learned by Western governing elites increasingly subject to the militarizing influence of their private sector arms industries that profit whether the war is won or lost, and use their political leverage to exaggerate security threats as the military budgets approved to prepare for a range of possible future wars can be as profitable or more that is the actual waging of war.
I now believe that the dangers of this resilient war system is menacing a humane future given the heightened fragility of the planetary ecosystem and a psychotic denial war planners of risks associated with AI, climate change, and geopolitically sensitive frozen conflicts, which tempt recourse to nuclear threats and as well as destructive applications of AI. In a sense, international law under these circumstances is a forlorn recognition of the legacy of the Enlightenment stress on facts, science, rationality as the basis of public policy. Trump epitomizes a post-truth contrary legacy of pre-modern times associated with metaphysical beliefs, divine revelation, and a mercenary opportunism that sneers at justice, Thees traditions joining technological innovation to a deadly phase of capitalism that embraces Malthusian solutions to the expected massive displacement of workers producing ‘a human surplus’ coupled with the related decline of person-centered systems of governance.
I favor a continued appreciation of international law in an atmosphere of eco-patriotism as an instrument of rescue under present perilous circumstances of a seemingly unstoppable slide toward an unprecedented historical abyss that could signal the ironic end of the Anthropocene Age if not jeopardize the human species itself.
Q4. In another interview we conducted in 2025, you described the October 7 Al-Aqsa Flood as “a protest born out of desperation against the genocide-like atrocity taking place before the eyes of the world.” Looking at the last three years of this protest, what impact has it had on Palestinians, HAMAS, and the Middle East?
R4. would not retreat from that provocative language that I used 2025. I had not thought then that a perverse peace process set forth in the Trump 20-Point Plan would be welcomed at the UN by many other governments, especially those in the region. The argument relied upon by reluctant supporters of what seemed envisioned by the Trump diplomacy and is now unfolding is that this was the only path to sparing the people of Gaza a further tsunami of suffering and even a prospect of coercive elimination death or forced departure. In fact Israeli violations of the ceasefire established on October 10, 2025 has resulted in almost daily attacks so far killing over 1,440 Palestinians, and what is worse in some respects, not a whimper of official criticism or pushback from the endorser governments or international institutions, signifying that complicity persists.
As matters now stand, Palestine and Hamas face further punitive outcomes. Unlike Israel, Palestine has been excluded from planning the future of Gaza, and Hamas is scheduled to be totally demilitarized. In contrast, the perpetrator of genocide faces no demands for reparations or for accountability despite the enormity of its crimes, while the master complicit state is given the keys to the house in the form of receiving widespread approval of the proposed colonialist transition arrangement, which implicitly ensures that vulture capitalism will gain from restoring some kind of residential normalcy to Gaza, almost devoid of Palestinian habitation. Whether under these circumstances, Palestinian resilience and resistance, despite its heroic perseverance can survive the Trump tornado diplomacy is in doubt.
Hamas is unlikely to play an important direct role in any likely scenario for the future of Gaza. Hamas is current slated for demilitarization and demonized as a terrorist threat if given access to legitimate governance. If so, Hams might well emerge in an altered organizational form with a new name, and possibly providing an activist base for renewed Gaza resistance likely resituated in the refugee camps located in neighboring countries.
It is too early to pronounce upon regional developments. Much will depend on how the Iran War ends, whether Iran emerges as a major regional actor or is, as Trump threatens or bluffs (one never knows!) made to disappear as a political and even civilizational presence. Another uncertainty is whether the major Arab states reconsider their security dependence on the United States or seek to have better connections with China. The Mecca Accords are a sign of declining confidence in the U.S. for regime security and regional stability, but whether this loss of confidence is a temporary reaction or something more fundamental is not yet claar.
Q5. International law norms, the UN, and other international institutions have failed to stop Israel. As you know, killings and occupations in Palestine also continue. So far, neither the West nor the Muslim world has been able to stop this genocide. So, how will the problem be resolved? Will the world remain a spectator while the killings and occupations continue unabated? What is your proposed solution to this?
R5. This is not an easy question to answer persuasively. The established world public order failed for two princip al reasons: first, Israel was not acting alone, but was supported by the main constitutional democracies, particularly by the U.S. with dominant military capabilities and strong strategic interests in the region, including energy, containment of Islam, sustaining regime stability among leading Arab countries, and partnering with Israel as a tactical, ideological, and civilizational ally. Such a constellation of forces inhibited substantive solidarity with the Palestinian struggle and also undermined the political will of most UN members to take effective steps supporting the people of Gaza even in the face of this transparent genocide of a helpless and vulnerable people.
Even where symbolically important steps were taken, as with the ICJ response to South Africa’s allegations of violations of the Genocide Convention, the issuance of arrest warrants for Netanyahu and Gallant by the International Criminal Court (ICC), and the reports of Francesca Albanese, the UN Special Rapporteur for Occupied Palestines, no meaningful official efforts to implement international law followed. On the contrary, these calls for opposition to the ongoing genocide were met with derision and pushback from Israel’s supporters, most directly by the U.S. Government and European Union. Sanctions were imposed on the ICC and Special Rapporteur for doing their duty under difficult circumstances. This gave concrete expression and well-evidenced confirmation to these repudiations of Israel’s criminality and recourse to state terrorism.
There were also positive results. These included a growing legitimation of the responsibility and opportunity accorded tp global çivil society, the peoples of the world, to fill the normative vacuum created by these expressions of global conscience backed by formal legal authority and carefully documented factual assessments. In the year since the Trump Plan was accepted by Hamas and Israel there is reason to doubt whether the pro-Palestine civic mobilization possess sufficient leverage, even as reinforced by Palestinian sumud, to address the deep, long neglected, grievances of the Palestinian people.
Against this background, there are several lines of potential solution, that is, of a fundamental reckoning with international law and morality that is embedded in principles of justice, although none can be viewed as more than desirable alternative possibilities at this state: (1) the overt abandonment or drastic revision of Zionist by the government and citizenry of Israel; (2) a shift in the foreign policy of complicit countries in the direction of implementing Palestine’s right of self-determination; (3) the continuing resilience and resistance by the Palestinian people, including an upsurge of activism in foreign Palestinian refugee camps; (4) the defeat of Trump and Trumpism in the United States, and the cancellation of the Trump Peace Plan, including the dissolution of the Trump Board of Peace, and its replacement by an alternative framework more compatible with UN Principles.
Developments along these four behavior vectors can be considered preconditions for a solution to Palestinian grievances.
Q6. How do you think the Board of Peace, proposed by US President Donald Trump and established on January 15, 2026, will play a role in preventing the genocide in Gaza and establishing the legitimate rights of Palestinians? Is there anything the Board of Peace is currently doing on the ground? Can it do anything? What is your view of the analyses suggesting that the Board of Peace will be ineffective?
R6. As indicated in my earlier responses, I regard the Trump Plan as a legal and moral fiasco from the outset, and more recently as a crude political failure. The state propaganda that led to its initial acceptance by way of a criminal threat of intensifying genocidal terror, quite possibly to be carried out with the help of tactical nuclear weapons, has not even achieved compliance with a ceasefire arrangement or the secure delivery of urgently needed humanitarian aid to Gaza with respect to food, medicine, construction materials and rubble removal machinery. The Trump framework has played into the ethnic cleansing schemes of Israel based on the dual goals of seizing as much land with as few Palestinians as possible. As Israel’s priorities have down-shifted from high velocity violence to policies designed to make Gaza unlivable while extending the orbit of strategic ambition to the West Bank and southern Lebanon, and even Syria and Iraq while the world is distracted by the Iran War, Such Israeli warmongering is generating immensely harmful impacts on human wellbeing and regional stability. Even Israel, evidently a co-developer of the Trump plan, now that it has recovered Israeli hostages, seems ambivalent about its further implementation, and may have actually become opposed to the further implementation of the plan except for the demilitarization and political delegitimation of Hamas.
This situation should cause embarrassment in the UN in light of the unanimous SC endorsement of the entire Trump Plan, including the Board of Peace, in SC Resolution 1803, with China and Russia abstaining. Such a diplomatic gesture represents nothing less than an act of implicit endorsement of the ongoing genocide as it became transformed into a Mafia style peacebuilding diplomacy.
Q7. How do you assess Türkiye’s role within the Peace Council as well as its efforts to mobilize other regional and global institutions? We also see that Türkiye has made strong statements against Israel at the level of rhetoric and that the diplomacy it has pursued has been unable to change the situation on the ground for three years. A single country cannot overcome such a deeply rooted problem, but what do you think about whether it might use the military and defense capabilities it possesses in the future? Could the Mecca Defense Agreement provide the basis for this?
R7. As you suggest, Türkiye’s role in the current phase of the genocide is most unusual given its diplomatic posture of partisan support for the Palestinian struggle. On the one side, the rhetoric of its highest officials remains extremely critical of Israel, while at the same time it refrains from giving material support to the Palestinian resistance in contrast to the behavior of the countries supporting Israel that are somewhat cautious about their rhetoric of support, while being unashamedly complicit when it comes to material contributions facilitating Israel’s unabated genocide.
To some extent this apparent tension can be explained as political realism. It is an implied policy of engaging Israel with hostile words, while avoiding an Israeli military response, and a possibly devastating war with an unscrupulous government that possesses an arsenal of nuclear weapons, as well as advanced conventional military capabilities. I think Türkiye will continue to walk that treacheroustightrope, now coupled with a delusional belief that its diplomatic influence will be enhanced by participating in the Trump administrative framework.
If attacked by Israel, Türkiye can be expected to respond, at least in a limited manner and coupled with an effort to isolate Israel internationally even further. It should be appreciated that an attack on Türkiye will test the NATO collective defense core obligation, which might induce Israel to avoid a direct attack, and rely on an indirect form of provocation such as stimulating a revival of insurgent Kurdish militancy.
[Prefatory Note: also published on my Substack platform, which I invite you to become a free subscriber: <richardafalk5.substack.com> If you are sympathetic with my treatment of issues I would ask you to invite friends and colleagues to subscribe as well.]
Trump’s 20-point Plan for Gaza starting with an ultimatum-driven deal that imposed in its first phase a ceasefire on the parties in exchange for the release by Hamas of 48 Israeli hostages and the remains of others in its possession since the attacks of October 7, 2023 accompanied by the release of nearly 2,000 Palestinians, of whom 184 were political resistance fighters serving long sentences in Israeli prisons and 1,700 were Gazans detained during the retaliatory period following the Hamas attacks. The released prisoners did not gain true freedom, but were subjected to a post-prison punitive ‘forced exile’ of indefinite durations. This meant the potentially permanent separation from family and homeland. The Gazans detained after October 7 were released to the genocidal wasteland that Gaza had become in the course of the preceding two years, and was now enduring the genocide continuing beneath the radar of public discourse. We the peoples of the world are instructed to believe the falsehoods that ‘the Gaza war is over’ and that the current Gaza challenges are situated in the supposed ‘aftermath of genocide.’ In this atmosphere the Trump diplomacy functions to blindfold the conscience of humanity to the Palestinian ordeal, not only the genocidal happenings of the past two years but even more pointedly to present Israeli crimes, including genocide.
Overall, the coercive Trump Plan was one-sided from its origins. This should come as no surprise in view of the US/Israel militarist behavior of recent years throughout the Middle East. In this spirit a warmongering ceasefire was worked out in close consultation between Trump and the Netanyahu leadership in Israel as to the contents of the plan and its disclosure to the world.
In this twilight period of Gaza genocide, Israel’s behavior persists in subverting international law while being benefitted in a morally surrealistic manner by this diplomatic sequel to the fury of its retaliatory assault. It is also politically novel for the United States, the most complicit of the states guilty of giving significant material and diplomatic support to Israel as the perpetrator of this genocide, the most transparent instance of genocide in its daily impacts on the eyes and ears of the world. Against this background for the Trump Plan to insist on the demilitarization of Hamas and its exclusion from the future political administration of Gaza has the intended effect of exonerating and rewarding the criminal while unjustly inflicting further punishments on the victim. Such a perversion of justice is primarily punitive toward the civilian Palestinian population of Gaza, while seeming to be vindictively concerned with only the ‘peaceful’ extermination of Hamas and the strengthening of Israel’s future security. This paints a lurid picture of peacemaking diplomacy that was swallowed without question by most media platforms as well as endorsed by the governments of the liberal democracies joined together in the NATO alliance since 1949. To this day media and even the UN projects the Hamas attack as coming out of the blue while one need not be a Palestinian partisan to realize that it was staged in reaction to the harsh unlawfulness of Israel’s occupation and its campaign to erase Palestine from Netanyahu’s map of ‘the new Middle East.’ Currently, these policies are being downplayed in Western circles, but the campaigns of erasure and expulsion are far from. For some years they were hidden by the redeployment of IDF forces on the Israeli side of Gaza’s borders and the abandonment of Israeli settlements in 2005. Of course, to point out Israel’s unjust visualization of the future does not relieve Hamas from legal responsibility for its own violation of the laws of war in carrying out its resistance uprising, but it views the violent acts of both parties through a more balanced optic of asymmetrical responsibility. Hamas’ wrongs, although serious, are trivial if compared to Israel’s decades of calculated wrongdoing.
Despite the documented genocide, Israel has not even been censured by the UN for such a sustained violation of the most basic of human rights norms or ordered to pay reparations sufficient to cover the emergency restoration costs of the civilian and infrastructural devastation it has caused since October 7, itself increasingly ambiguous as to whether it was what Israel claimed and convinced most of the world or a pretext to validate its genocidal retaliation. The Trump plan goes beyond the pre-October 7 status quo by implicitly authorizing Israel’s indefinite occupation of more than 50% of the Gaza Strip. Even this encroachment on Gaza is now further territorially extended by the de facto unchallenged IDF presence well beyond the boundary of the already controversial authorized Israeli presence set forth in the Trump Plan. This additional Israeli land grab allows Israel to gain a strong staging area for its Greater Israel project of expanded territorial sovereignty in Gaza coupled with the total denial of any Palestinian rights to autonomy, much less sovereignty, in their own homeland. This situation is softened somewhat in the Plan by its vague and conditional assurance that a continued Palestinian human presence in Gaza would be respected and supplemented by a right of return if a Palestinian who had decided to depart Gaza later seeks to resume residency in his/her homeland. The Plan is also unacceptably silent about the fate of over eight million Palestinians coercively expelled in the 1948 nakba and 1967 naksa. This apparent willingness in the Plan to obligate Israel to refrain from endorsing ethnic cleansing has been sharply challenged in recent internal Israeli high-level discourse and the escalation of West Bank violence. Such developments and others totally disregard this seemingly promising provision in the Plan while championing ethnic cleansing of the surviving Gaza population and by making in the West Bank more and more unlivable. The acknowledged Zionist goal of minimizing the Palestinian presence is not just a preoccupation of the Israeli right. In effect, a civil society consensus in Israel seems to be informally advocating ‘a politics of elimination,’ and no credible candidate in the upcoming October elections is raising objections in a politically meaningful form.
What adds to the increasingly hidden Gaza plight is the refusal of the U.S. to insist that Israel at least abide by the provisions of a plan heavily weighted in its favor. In the months that the ceasefire has been in effect Israel has repeatedly violated the core obligation ‘to suspend’ violence in Gaza. In its unapologetic and unreprimanded daily ceasefire violations Israel mainly through bombardment has killed as of September 2026 at least 1000 Palestinians as validated by the Gaza Ministry of Health. As far as is known there has been no public criticism of this behavior from either Washington or the UN, and what criticisms have been issued by governments in the region have been confined to rhetoric and lacks any sign of remedial intentions to impose national or international sanctions. If I were a Palestinian, I would place no trust whatsoever in the already weak protective provisions of the Trump Plan as to ending Israeli occupation of Gaza and not threatening to eliminate Palestinians by means of subsidies to receiving countries and departing Gazans. This Palestinian vulnerability is accentuated by the exclusion of meaningful Gazan representation when and if the governance elements of the Plan are implemented. Further skepticism arises by the failure of the Plan to declare the vision of a Greater Israel as incompatible with the admittedly amorphous pledge to consider Palestinian aspirations of statehood once the security issues had been addressed in a manner deemed satisfactory by Israel.
The Trump Plan becomes even more objectionable from the perspective of justice if in addition to scrutinizing its controversial features its most notable omissions are highlighted. Of particular concern is the absence of any mention of Israeli accountability for the criminality of its retaliatory attacks, widely deemed genocide by most of the world. This populist consensus as to criminality was given a provisional, yet highly influential endorsement by the International Court of Justice in its decision on Interim Measures of January 25, 2024 in litigation initiated by South Africa in accord with the Genocide Convention (1948).
Perhaps more revealing is the absence of any attention given to the assignment of a responsibility for the removal of rat-infested rubble, repairs of dangerously damaged buildings where Gazans are sheltering in preference to living in primitive tents, and a concerted rebuilding program of Gaza’s residential neighborhoods and targeted hospitals, schools, and heritage sites. Israel’s continuing conflictual intentions are convincingly demonstrated by its disruptive interference with the delivery of humanitarian assistance, including the prohibition of heavy machinery to removed the debris and the human needs of food, medicine, fuel, and potable water.
As well, if ‘peace’ rather that a diplomatic package acceptable to Israel had been the objective, it would seem a crippling oversight not to have prescribed the immediate establishment of a Peace and Reconciliation Commission as had usefully eased the transition to peace in such troubled settings as post-apartheid South Africa and post-Pinochet Chile.
In a shocking subservience to militarized geopolitics the UN Security Council gave its unanimous blessing to the Trump Plan in its December 17, 2025 Resolution 2803. The reputation of the UN was further tarnished by the Secretary General António Guterres’ September 30 official statement welcoming the Trump Plan as a benevolent approach to peace despite its denial of the relevance of law and morality. Even more objectionable was the SG’s call to all UN members to support the Trump Plan unconditionally.
But as the months pass, the Trump diplomacy not only posits a framework that favors Israel, but in practice serves as a smokescreen that is enabling Israel to proceed with its genocidal undertaking, which in its current phase features ethnic cleansing and tactics of distraction as regional and global attention shifts to a variety of non-Gaza concerns, especially the regional and global impacts that have followed the inconclusive war of aggression launched against Iran by the U.S. and Israel on February 28, 2026, and its frozen aftermath.
And if this was not enough, the U.S. Government chose this time to replenish Israel’s depleted munitions with the kind of weaponry that has made a wasteland of Gaza and this part of Occupied Palestine unlivable. The Trump presidency has approved of U.S. military sales amounting to $2.8 billion, consisting of 40,000 one-ton bombs that even the Biden presidency paused because their explosive radius was so large as to make such ordinance indiscriminate, and a mass killer of civilians in the crowded conditions of Gaza. Israel is also being sold 20,000 penetrator bombs presumably for possible use in future regional warfare, particularly the expected resumed targeting of Iran’s nuclear program.
But this arms deal is even more sinister than it appears, especially with its dual effect of deceiving the American people and ensuring U.S. arms producers with large windfall profits. The arrangement is made to appear as a ‘sale’ to Israel rather than acknowledged to be an outright ‘gift’ as the Israeli purchases are to be funded by prior military aid packages for Israel. This effectively means that the fuel for restoring Israel’s relentless war machine is being indirectly and mostly unknowingly paid for by U.S. taxpayers. Such a transaction in all probability violates the letter of the U.S. legal requirement that military assistance be used by foreign recipients in a manner consistent with complex restrictions contained in the Arms Export Control Act and the Foreign Assistance Act.
Donald Trump may boast that he is the most deserving candidate for a Nobel Peace Prize in all of history. If Nobel had set up a retirement prize for the most dangerously apocalyptic narcissist in the world, Trump would deserve consideration, and maybe even the prize. More discerning persons around the world would be appalled if the NPP were awarded to Trump, an act so discrediting as to undermine the integrity of the prize itself. To single out Trump after his complicit role in the Gaza genocide and his role in embedding injustice in what has been presented to the world as ‘Trump’s Peace Plan’ should be more than enough to remove him from the list of candidates in the first round, without even needing to take account of his launch of aggressive wars in Iran or the kidnapping and prosecution of the Venezuelan head of state.
What stands out in this entire tragic course of events is the degree to which truthtelling and symbolic accountability for genocide were addressed by civil society initiatives. Protest activity around the world, although repressed in the complicit countries, contributed to the Palestinian victory in the Legitimacy War fought for control of the landscape of law, morality, and justice. There were important civil society initiatives in the form of peoples’ tribunals that documented with testimony of survivors and experts the allegations of genocide, compiling a record free from the propaganda and defamation of Israel’s critics. In Canada and the United Kingdom tribunals were organized by ordinary citizens to consider evidence of the complicity of their respective governments, while the International Global Tribunal (IGT) addressed the multi-faceted phenomenon of genocide and its implications for law, morality, and legitimacy. A major goal of the IGT was to encourage civil society solidarity initiatives linked to the global anti-apartheid movement that played such a crucial role in waging the successful struggle against the racism of the South African governing process. While citizens and scholars were being punished for naming the violence in Gaza as ‘genocide’ these tribunals were documenting the allegations, resisting efforts by constitutional democracies to stifle dissent and limit freedom of expression.
With respect to the Gaza struggle also fulfilling Palestinian aspirations depends on the activism of peoples awakened to injustice than on the empathetic behavior of governments, international institutions, and the priorities of corporations and financial actors. Their moral compass tends to be distorted by strategic ambitions, civilizational affinities, the political realism of foreign policy elites, and the profit maximation guiding the behavior of private sector actors.
In conclusion, the violence following October 7 never was a ‘war,’ which presupposes two sides capable of mounting battlefield resistance, and the genocidal assault has yet to end nor Israel shown any altered disposition to live together with Palestinian in condition of peaceful co-existence.
[Prefatory Note: this post needs updating, but it still seems relevant in pointing to the generally neglected interplay between legality and legitimacy as important modes of assessing conrroversial transnational behavior of states, especially with respect to the war/peace agenda of geopolitical actors, which for reasons of convenience I identiy as the five Permanent Members of the Security Council.]
Abstract: International law failed in Gaza after October 7 to stop genocide and crimes against humanity despite authoritative rulings by the ICJ and ICC, and resolutions in the UN General Assembly. Israel consistently defied international law, being shielded in doing so, by ‘lawful’ geopolitical shielding and complicity by the NATO permanent members of the UN Security Council, especially by the United States. Such obstruction created enforcement, complicity, and accountability gaps that has allowed Israel’s criminality to proceed. These formal legal condemnations of Israel’s conduct do support the conclusion that international law is weak whenever its assessments clash with strategic interests of geopolitical actors. This should not be interpreted to mean that international law is irrelevant to the pursuit of justice or rights-based peacemaking . International law remains potentially important as it legitimates civil society activism and solidarity initiatives with a people, in this case the Palestinians, struggling for their basic rights. Hypothetically, if the ICJ and ICC had sided with Israel, accepting legal arguments about Israel’s right of self-defense or the counter-terrorist nature of its use of force, then the contradictions between law and justice would have given Israel a (deeply contested) legal entitlement to carry out genocide, ethnic cleansing, and overall criminality. It is notable that most wars since 1945 have been won by the side that prevails in the Legitimacy War, and not as political realists continue to insist, by the side with superior military capabilities. That is capturing the high moral and legal ground in a violent conflict is often more decisive than dominating the battlefield as the colonial powers and the US should have discovered in the Vietnam War. A mobilized people as in the anti-apartheid campaign can shift the balance of political forces to favor human rights and justice. Whether this will happen in the Gaza context remains uncertain due to the severity of the genocide and the depth of complicit behavior by the governments of the liberal democracies, especially the United States.
Did International Law Fail in Gaza? Yes and No
The failures of international law in relation to the prolonged and cruel genocide taking place in Gaza for a period approaching two years are more obvious that its limited successes and positive, if indirect, impact of the underlying struggle to promote basic Palestinian rights. It seems appropriate to lament these failures as being far more consequential than any successes for the entrapped Palestinian civilian population of Gaza, with extended genocidal tremors bringing further misery to Palestinians living in the Occupied West Bank supposedly under Israeli protective administration legally required to respect international humanitarian law. The core failure of international law, and of the United Nations as the principal site for enforcement in situations of this kind, is the inability to implement authoritative renderings of international law that are of benefit to victimized persons suffering from pervasive criminality. In an early 2024 an Interim judgment of the International Court of Justice almost unanimously granted South African requests for Provisional Measures back in the first months of 2024, which if complied with or enforced would have greatly mitigated Palestinian suffering for all the months that followed.
Additionally, the International Criminal Court accepted the Chief Prosecutor’s dramatic recommendation that arrest warrants be issued for Israel’s Prime Minister, Benjamin Netanyahu, and former Minister of Defense, Yoav Gallant. It was unlikely at the time of issuance that these arrest warrants would never be actualized, but the struck a mighty symbolic blow that infuriated Israel and angered its ally, the United States. It was a persuasive step in challenging the public discourse that had previously held sway to the extent that Israel was the victimized party, not Gaza or the Palestinian, and it was Israel that had a legal entitlement to strike back. Although the arrest warrants covered crimes committed before October 7 they can a dark shadow over such Israeli pretensions that the IDF was ‘the most moral army in the world.’
Neither authoritative of these ejudicial initiative has been enforced, nor has the juridical actions even attempted to impose some level of accountability on those powerful states or their leaders whose governments aligned themselves with Israel by lending various forms and levels of material, strategic, and diplomatic support, making them complicit for failing to uphold the Genocide Convention’s emphasis on preventing and punishing the crime of genocide and seeking to end the impunity of geopolitical actors and their protected allies. Beyond this, the issue of corporate complicity has been almost totally neglected until the UN Special Rapporteur on Occupied Palestine. Francesca Albenese, controversially highlighted corporate compllicity in her June 2025 UN Report, which made her almost immediately subject to targeted unlawful sanctions imposed by the US Government in a defiant lawless challenge to the independence for UN experts.[1]
What is revealed is the normative order operative since 1945 is seriously deficient when examined closely. It was never endowed with the autonomous capabilities to make international law effective in the face of non-compliance by a geopolitical actor (conveniently identified here as the five permanent members of the Security Council or P%) or a state enjoying geopolitical protection by way of the veto or by direct alignment by a formal alliance as with NATO members. In effect, for these two categories of sovereign states (that is, violators and their powerful protectors) adherence to international law when it comes to global security issues is essentially voluntary and was intended to be so from the outset.[1] Nevertheless, from the perspectives of civil society activists or governments giving priority to a reconceptualization of national interests more in line with the contemporary global public good, international law has become a useful policy instrument for resistance on behalf of a global normative order that is post-geopolitical with respect at least in the setting of global security, war, genocide prevention, and human rights, including economic and social rights.[2]
This defining operative reality of international law, even as progressively interpreted, in relation to the war/peace agenda can be summarized as producing several gaps that are responsible for widespread disappointment when it comes to the effectiveness of international law and lowered expectations of transcending geopolitics in relation to responses by the United Nations in this most vital area of international relations.[iii] For the sake of clarity these gaps can be briefly identified:
—Enforcement Gap: The International Court of Justice in responding to South Africa’s formal submission alleging Israel’s violation of the Genocide Convention in the course of its military operations constituted genocide, displayed a juridical respect for a regulative view of international law in its near unanimous rulings that granted several of South Africa’s requests for interim measures given the humanitarian emergency conditions in Gaza.[iv] The ICJ is empowered to declare the law authoritatively in response to legal disputes referred to it for resolution, but it is dependent on compliance by the losing party or enforcement sanctions imposed by the Security Council, which are hampered by the veto (both its inhibiting prospect or actual exercise) in contexts with a geopolitical dimension.
In this instance Israel refused to comply with interim rulings based on a finding that it was ‘plausible’ to view Israel proclaimed intentions together with its combat tactics as genocide and the right of veto possessed by the NATO P5 members of the Security Council were standing by to nullify any serious enforcement efforts or punitive action. Additionally, the interim character of the ICJ judgment, although of historic significance, was an additional concern arising from ponderous legal proceedings that might take several years before a final judgment is forthcoming. At such a point, the genocidal reality will have been superseded by developments and the ICJ outcome would be mainly of significant as a precedent, yet itself weakened by a provision in the ICJ Statute denying any legal obligation to respect prior ICJ pronouncements.
—Accountability Gap: As with enforcement, accountability for international wrongdoing is subject to a geopolitical exception that is illustrated by the approach taken after World War II (itself foreshadowed by the feeble effort to hold actors accountable for criminal acts dddafter World War I). This approach rejected accountability tied to violations of international law by all states during the war. In deference to geopolitics accountability was determined by the winners and imposed on the losers who were prosecuted and punished. This underlying dichotomy was given a ‘civilized veneer’ by according the accused losers of some elements of due process and the appearance of a fair trial. In contrast, the crimes of the winners, including indiscriminate bombing of German and Japanese cities and the use of atomic bombs, were not legally scrutinized, much less prosecuted and punished. From a regulative perspective this treated international law as a partisan policy instrument rather than as a universally applicable restraint on the behavior of sovereign states. This precedent set in the aftermath of World War II also incorporated these regressive features of international relations into the normative order established to cope with the unmet dangers of the nuclear age, as well as the related risks of the emergent Cold War.[v] In effect, global security and large-scale war prevention were entrusted to the P5 to address outside the framework of the UN, which resulted in arms races, periodic war/peace crises, reliance on secretive deterrence frameworks that were completely removed from any pretensions of legality or even some mechanism of custodial guardianship. This discretionary nuclearism was further geopoliticized by the selective nonproliferation regime that seems blind when it comes to Israel’s covert acquisition of a nuclear arsenal while committed to waging war against Iran to destroy its nuclear program, especially its enrichment facilities. The structure reveals a reliance on the prudence of political leaders of the nuclear weapons states, which seems a fragile basis on which to stake the future of the human species.
—Complicity Gap: The reference here is to the legal responsibility of governments, corporations, banks, and international institutions/alliances that have either openly or covertly intentionally aided and abetted the commission of serious international crimes, including genocide. In the context of the Gaza genocide the support given to Israel by several Western governments was instrumental in carrying out the crime. It included the provision of weaponry, funds, intelligence-sharing, steadfast diplomatic protection against moves to censure or sanction, and a willingness to go along with Israel’s diversionary, manifestly false legal, moral historical narratives of self-defense counterterrorism, and antisemitism. The issue of criminal complicity was central to the 2025 SR Report containing data and analysis pointing to high profits from genocide gained by 48 named corporations and financial actors, including some of the most prominent. Such truth-telling by the SR, Francesca Albanese, led Israel’s primary supportive government, the United States, to impose the previously mentioned personal sanctions, themselves unlawful as applied to a UN undertaking. This punitive pushback by the US was obviously intended to inhibit criticism of the economic infrastructure of Israeli support, as well as to warn the ICC, the UN, and other political actors, including the Palestine Authority, to refrain from future efforts to attack Israel or the United States from the perspective of international law.[vi] It was also reinforced Israel’s defamatory propaganda that Ms. Albanese was long unfit for the job because of her antisemitic beliefs and performance as SR, thus wrongfully challenging UN attempts to expose human rights abuses and hold perpetrators accountable. In this instance, such action interfered with UN efforts relating to the genocide through reliance on the veto-free Special Procedures capabilities of Human Rights Council;
—Pedagogical Gap: This may be the least familiar and yet in the long run the most significant gap, which in my view, is all-important for closing the other three gaps in the post-1945 global normative order. This pedagogical gap needs to be narrowed, if not closed, for there to be any realistic hope of incorporating a regulative view of international law into the worldview and operational code of foreign policy elites in relation to global security, war prevention, and crime prevention agendas.[2]
Yet the pedagogical gap is the most daunting ideological barrier because it remains unacknowledged reflecting the ideological hegemony of outmoded militarized versions of political realism within the policymaking domains of geopolitical actors and their civilian infrastructures of well-funded lobbying on behalf of special interests and think tanks subscribing fully to the critical realism of governmental foreign policy establishments. There is no immediate way of overcoming this barrier, and my advocacy is initially directed at revamped citizenship training and public international law instruction and practice around the world. The central objective would be to place a greater emphasis on adapting political realism in international relations to the underlying urgencies of climate change, ecological instabilities, genocidal violence, the menace of nuclear weapons, and aggressive recourse to force to resolve international conflict situations. International law in its regulative role illuminated by critiques of geopolitical usages and historical international roles including giving legal backing to economic exploitation and colonial arrangement should be included in interdisciplinary and sophisticated law school instruction and scholarship. This should be understood as part of an upgraded and reconfigured perception of the relations between adherence to international law and the pursuit of national interests and the public good. As matters now stand the most influential centers of study and policy research are dominated by anachronistic ideas of legal and foreign policy pedagogy tied to various versions of militarized group think, intolerant even of such prudently inclined and morally sensitive political realist thinkers as John Mearsheimer, Stephen Walt, John Bacevich, and Trita Parti who continue to identify themselves ‘realists.’[3] I suppose their exclusion from Washington’s corps of foreign policy advisors is mainly due to their greater skepticism when it comes to national reliance on military approaches to foreign policy challenges. Such views are unwelcome and unrepresented in the inner circles of foreign policymaking of the geopolitical or P5 actors, perhaps most overtly in the United States, a telling sign that the military/industrial complex remains an impediment to the adoption, or even the serious discussion, of less militarist and more cooperative interpretations of global security.
Hopefully, the influence of TWAIL perspectives on younger generations of students and teachers will sharpen their critical convictions with what is identified here as ‘progressive interpretations of international law.’[vii] As is understandable TWAIL scholarship and advocacy has sought up to now mainly to criticize and reform international law in the economic sphere engaging the right to development from the perspectives and priorities of the Global South. In the future it seems reasonable to expect more attention to be devoted to policy challenges in the spheres of global security and war/peace. The Treat of Prohibition of Nuclear Weapons (TPNW, 2021) is an example of Global South leadership with regard to denuclearization and abolition of nuclear weaponry. Another example is the degree to which challenging the enforcement gap with respect to the Gaza genocide have been due to legalist initiatives at the UN and elsewhere pushed almost exclusively by countries in the Global South.[viii]
Because of the political realist dominance in the policy realm of ideas, the subject-matter of public international law tends to be marginalized, except as it bears on trade and investment, in law schools, and most influential lawyers have little knowledge of either its constructive potential or its systemic disregard in policy-making arenas of decision. This should be challenged and changed, adapting cooperative multilaterism, which depends on codifying agreements in the form of enforceable treaties, to policy concerns of global scope. Future security, stability, and even species survival depend on making these adjustments in a timely manner, and will only happen as a result of civil society pressures, which until now have ranged from weak to non-existent
Reevaluating International Law’s Response to the Gaza Genocide: A Legitimacy War Perspective
Without underestimating the weaknesses of international law in relation to global security, war/peace issues, and genocidal internal politics, it is nevertheless even with these flaws an important policy instrument in the context of civil society activism and public discourse in relation to the quest for demilitarized justice-driven peace and ecologically sensitive stability among states. With respect to the Gaza genocide, post-1945 international law with regard to this crime is set forth in the 1948 International Convention of Genocide that was relied upon by South Africa’s widely praised recourse to the ICJ, with interim proceedings at The Hague given wide TV coverage and receiving favorable coverage of the presentation of its principal allegations against Israel: violation of the Genocide Convention and unlawfully blocking the international delivery of humanitarian aid to the population of Gaza long deprived by Israel of the necessities of life. Such a visual and theatrical presentation of the international arguments for and against Israel’s policy in Gaza has had a major impact on the continuing process of delegitimizing Israeli claims of self-defense, counterterrorism, and antisemitism further informed by its contention of being victimized by the October 7 attack that it claims was ‘the real genocide.’
At the same time, the carefully crafted and TV broadcast legal arguments of the South African team lent legitimacy to the South African requests for interim measures on an emergency basis and the weaknesses of Israel’s responses had a major public delegitimizing impact, including on the previously self-censoring most influential international media platforms. These patterns were reinforced by the ICJ Interim Rulings granting South Africa’s requests for provisional measures, especially characterizing its principal allegation as ‘plausible genocide’ and ordering Israel to stop impeding the delivery of humanitarian assistance.
What gave this historic interim set of rulings additional legal credibility was the near unanimous vote among the 16 participating judges, and beyond this, the professionalism of the legal reasoning and conclusions that did not mirror their national affiliations. This alone tended to refute US/Israeli dismissal of the legal outcome in the ICJ as matters of politics not law.[ix] Until the present, the media continued to self-censor explicit descriptions of Israel’s behavior in Gaza as ‘genocide,’ but recently the NY Times broke ranks with a guest column by an academic genocide specialist, Omar Bartov, although ambiguously as it published prominently a notorious genocide-denier, Bret Stephens, a few days later. Yet on balance part of the delegitimating trends affecting Israel’s stature as a state among states is the normalizing of ‘genocide’
Even though the enforcement gap precluded implementation of the ICJ rulings, the decision is correctly interpreted as having as a breakthrough in the civil society protest efforts to turn the tide of discourse and public opinion in the Legitimacy War that up to then Israel, benefitting from Western governmental, media self-censorship, and Israeli inflated accounts of supposed Hamas atrocities slanting public perceptions to forgo judging the severity of Israel’s response for several months. This attitude of indulgence was largely abetted by decontextualizing the October 7 attack to enable Israel’s response to seem within the scope of reasonableness in asserting a self-defense rationale for its retaliatory attack. This shielded Israel from criticism and censure throughout the remainder of 2023.[x] As important as the formal behavior of the established intergovernmental tribunals were in the legitimacy competition, the voice of independent experts, most notably associated with the Special Procedures mechanisms established by the UN Human Rights Council, especially the brilliant institutional innovation of appointing Special Rapporteurs to address significant human rights themes or problematic country conditions.[xi] Partly due to Israel’s sensitivity about criticism, its formidable media influence, and the Zionist diaspora lobbying and support network, the SRs for Occupied Palestine have increasingly become a controversial center of attention either by way of praise for their truthful reports despite harassment intended to be disabling or because of the relentless campaigns to question their credibility as impartial experts. This dynamic peaked during the first three years of Francesca Albanese six-year tenure, climaxing with the US Government imposition of unprecedented and legally questionable sanctions on July 9, 2025, barring her entry to the US and freezing any American assets she might possess.[xii]
The formation of the Gaza Peoples Tribunal is a further legitimating development with respect to the Palestinian struggle and its Sarajevo Declaration is a clear statement of opposition to Israel’s policies and the complicity of most liberal democracies.[xiii] A further legitimizing development if the courageous civil society efforts to offset Israeli refusal to allow unimpeded delivery of humanitarian aid is by way of the Freedom Flotilla initiatives, that also were delegitimizing as far as Israel is concerned due to crude attempts to disrupt the delivery missions, punitively seizing of the nonviolent activists undertaking these hazardous voyages, culminating with their detention and deportation.[xiv]
A further symbolic battleground in the Legitimacy War is being struck by governments mainly in the Global South, so far most noticed by the activism of the Hague Group, which met at Bogotá in July at the invitation of co-chairs from South Africa and Columbia, featuring an opening inspirational remarks by Francesca Albanese and ending with the issuance of a statement signed by representative of 12 governments recommending the adoption of six measures intended to exert pressure on Israel to end the Gaza genocide.[xv] Earlier supporters of Israel’s genocide in Gaza have been showing some signs of opposition as evidenced by the ambiguous decisions of France, UK, and Canada to recognize Palestinian statehood belatedly and conditionally and the UK parliamentary inquiry initiated by Jeremy Corbyn seeking an end to British support for Israeli genocide in Occupied Palestine.[xvi]
Israel itself contributed to its rogue status by a series of delegitimating acts, none perhaps more impactful than its combat policies causing severe hunger and massive malnutrition in Gaza, and then cloaked in by fake claims associated with the Gaza Humanitarian Foundation. This policy has resulted in more than one thousand deaths due to starvation, including young children, and IDF sniper violence at the food delivery sites. Such a genocidal policy provoked large-scale protests including in Western countries. Israel and the US policies associated with the weaponization of humanitarian aid in the cruelest imaginable manner, initially by formally excluding UNRWA and other international actors from aid delivery in Gaza on the unsubstantiated grounds that a tiny fraction of its Palestinian personnel was implicated in the events of October 7 or diverted to Hamas. It turned out after an investigation to be based on flimsy evidence alleging 12 UNRWA staff of an estimated 13,000 collaborated with Hamas in carrying out the attack. Israel succeeded in mounting an effective, punitive propaganda campaign to defund UNRWA, although its humanitarian work of providing health services, education, food, and shelter for many thousand Palestinian refugees despite enduring more than 300 staff deaths resulting from Israeli targeted bombardments of UNRWA facilities.[xvii]
As appalling was its response to criticism for denying international deliveries of desperately needed food was to set up a ‘Gaza Humanitarian Foundation,’ funded and administered by the US together with Israel, relying on supervision by a US ‘private contractors’ (mercenaries) to run the four Gaza food distribution centers inconveniently located in comparison with both the 400 such sites humanely situated and managed for decades by UNRWA in contrast to the IDF lethal violence Palestinians encountered at the GHF sites, which have resulted in more than 1000 deaths among the crowds of hungry Palestinians seeking urgently needed food for their starving families and themselves. This practice was daily reported visually and narrated extensively in previously self-censoring sites by brave journalists that risked being targeted themselves, with an intensifying delegitimizing effect on underlying perceptions of Israeli outrageous benign claims of humanitarian intentions. Israel’s plans to construct a ‘Humanitarian City’ built as a confinement center for Palestinians displaced by Israeli operations during the period of reconstruction is another Orwellian deep dive into the severest forms of repression disguised as ‘humanitarianism.’ Such transparent deceptions accentuate Israel’s delegitimating way of dealing with a resident civilian population forcibly torn from its devastated homeland and deep nationalist attachments to the land of its ancestors. Such an initiative has even been denounced by Israel’s former Prime Minister, Ehud Olmert.
Also relevant to this recital of delegitimizing policies and practice is Israel’s defiant responses manifested ever since its establishment to authoritative rulings of international law as expressed by the ICJ and ICC, as well as toward majoritarian criticisms of Israel’s failure to respect international law or human rights in numerous General Assembly resolutions and in its rejections of its obligations in international humanitarian law as encapsulated in the 4th Geneva Convention governing Belligerent Occupation regulating Israel’s occupation of Palestinian territories resulting from the 1967 War.[xviii]
In effect, the combination of Palestine’s enhanced legitimacy due in large part due to having international law and morality on its side, as reinforced by Israel’s reliance on complementary delegitimizing policies and practices exhibiting a patterns of behavior evident long before October 7. It can be traced back to the ethnic cleansing inflicted by the Nakba in 1948 and forward to apartheid structures of Israeli practice as analyzed and assessed in a serides of expert studies by the most respected human rights NGOs and by the UN Economic and Social Council of West Asia (ESCWA).[xix] It is highly incriminating that the liberal democracies of the West, priding themselves on anti-racist progress in their own countries and supportive of the anti-apartheid campaign against South Africa, remained silent until this day in the face of these persuasive indictments of Israeli racism.
Causal linkages are difficult to establish, but this kind of pushback against Israel’s policies toward Occupied Palestine, have had the tendency to shift the balance of legitimacy decisively during the prior two years in favor of the Palestinian narrative in the Legitimacy War. The early results have been to lead governments supportive of Israel in Europe and elsewhere to start back pedaling, and to lead the citizenries in these countries to shift policies and behavior more strongly in the direction of the implementation of Palestinian rights under international law, especially in relation to the recognition and realization of the Palestinian inalienable right of self-determination. Whether recent trends toward the recognition of Palestinian statehood are an empty gesture meant to convey a concern for Palestinian interests or a long overdue signal of a transformative shift in the approach of Western countries to Israel/Palestinian conflict remains hidden within a smoky crystal ball. In forthcoming diplomacy it may be, as the once promising Oslo diplomacy turned out to be, a trap for Palestinians and a gateway to annexation or Bantuization of Palestinian aspirations.
Concluding Observations
The law/legitimacy nexus is particularly relevant in the course of an anti-colonial struggle, making it of great significance that the settler colonial template has come to displace the earlier Zionist narratives relating to a post-Holocaust sanctuary for a Jewish homeland and a modernizing twist captured in the phrase ‘making the desert bloom.’ The combination of Palestinian rights denied and Israeli wrongs confirmed, gives international law leverage in the legitimacy debate that arises in the course of all self-determination and liberation struggles, and by reference to the historical record shows, contrary to the postulates of the political realists, that the side with the inferior military capability has most often politically prevailed since 1945. The British discovered this in India and Malaya, the French in Algeria and Indochina, the Dutch in Indonesia, and the Americans in Vietnam. Inferior military capabilities of colonized nations were neutralized by the outcome of the Legitimacy Wars, despite the great suffering inflicted in the process, because the nationalism of the resident population was willing to outlast the repressive side due to its deep legal, moral, and psychological beliefs in the righteousness and achievability of their struggle.
This is a lesson of the last 80 years that adherents are incapable of learning because it would entail an abandonment of militarized geopolitics and encourage adherence to a functionally grounded cooperative multilateralism more congruent with the global public good, adherence to international law and morality, and redirecting resources from militarism to mitigating dangers of nuclear war, global warming, energy transition, and ecological instability.
The immediate application of this analysis to the Palestinian ordeal is almost impossible, partly due to its complex interaction with several other daunting issues of international relations. Zionism is not just a dominant ideology in Israel, reinforced by Holocaust nightmares and ultra-religious patterns of justification, that also has so far benefitted from a sophisticated network of overseas influence. Beyond this, the West still covets Western hegemony in the Middle East for its energy reserves, as well as its markets for weaponry and Western goods, and geographical proximity to trade routes. Despite the collapse of European colonialism, the US has led the post-colonial project of imperial exploitation and domination in the region with Israel as a crucial strategic partner. This is not just an economic undertaking, it is an inregral aspect of ‘the clash of civilization’ anticipated by Samuel Huntington in the immediate aftermath of the Cold War, and still the locus of key fault lines, epitomized by the Palestinian challenge to Israel and Iran’s hostility to West encroachment, and secularism.[xx]
The key question that follows from the Palestinian victory in the Legitimacy War is whether a coherent Palestinian nation can still emerge from the hot embers of the Gaza genocide. In the aftermath will the national movement among Palestinians, including those confined to refugee camps for decades, will flourish and avoid being dispersed physically and fragmented politically. In effect, will the remarkable Palestinian sumud, resistance, and resilience be able to regroup and remain sufficiently committed to achieve a pragmatically shaped solution of a quality that brought unexpected constitutional democracy to South Africa?
[1] See report to UN by Francesca Albanese, “From the Economy of Occupation to the Economy of Genocide,” A/HRC/r9/13, 16 June 2025. Sameur in France. GNQP Statement; SHAPE Statement
[1] Some prominent examples in the Gaza context are the normative encounters between the independent legal experts of the UN Human Rights Council, especially in relation to the last four Special Rapporteurs (SRs) for Palestinian Territories Occupied by Israel since 1967. For pre-Albanese assessments by three prior UN SRs see Richard Falk, John Dugard, and Richard Falk: Protecting Human Rights in Palestine: Working Through the United Nations, Clarity Press, 2022. Such encounters have been highlighted in the intense friction between SR Francesca Albanese and governments supporting
the reputation of international lawyers and legalism in the context of international relations. By ‘progressive’ is meant that international law is interpreted as a regulative framework rather than a policy instrument subject to double standards in responding to the polices of adversaries and to those of allies and properly criticized as exercises in moral hypocrisy and state propaganda that undermines the reputation of international lawyers and legalism in the context of international relations. See Falk & Hans von Sponeck, Liberating the United Nations: Realism with Hope, Stanford University Press 2024. In light of the support of Israeli genocide on the part of most liberal democracies, the hopefulness expressed by the title is seems naïve, at least in the short run.
[1] See Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), ICJ interim decisions, 26 January 2024, 28 March 2024. See generally Alexander Wentker, “More and More Disputes on War and Genocide are being Litigated at the International Court of Justice,” Chatham House Report, 4 September 2024.
[1] See Richard H. Minear, Victors’ Justice: Tokyo War Crimes Tribunal, Princeton University Press, 2016; Gary J. Bass, Judgment at Tokyo: World War II on Trial and the Remaking of Modern Asia, Knopf, 2023.
[1] Relevant here is the focus of the Genocide Convention on the Prevention and Punishment of the international crime. At least for parties to the treaty, this would seem to brand complicity as prima facie participation in the crime. But see Reed Rubenstein, Senior Legal Advisor of US Secretary of State, as warning the ICC that ‘all options are on the table’ if it does not refrain from hostile acts against Israel or the US, governments, states that deny the jurisdiction of the ICC in relation to themselves as non-parties to the Rome Statute establishing the legal framework of the ICC. The Rome Statute in fact claims jurisdiction over non-signatories if the alleged crime occurs on the sovereign territory of a treaty party, in this instance Palestine. Of course, Rubenstein although has a title that suggests a legalist perspective made a purely political, really a geopolitical argument at the UN that is implicitly dismissive of legal relevance. “US threatens ICC: Drop Israel war crimes probe or ‘all options on the table,’Middle East Eye [ https://www.middleeasteye.net/news/united-states-icc-drop-israel-war-crimes-probe-all-options-table]
[1] Hidden here, is the biasing of judgment by the strong influence of special interests as evidenced by the US Congressional bipartisan and shameful honorific welcoming of Israel’s Prime Minister despite his notorious role as the chief and most unapologetic perpetrator of the Gaza genocide. These special interests associated with strategic alignments and economic benefits involve a maximum effort to at the reassertion of Western dominance of the world after the collapse of European colonialism and the end of the Cold War as serving economic interests. In different ways the three recent armed conflicts in Gaza, Ukraine, and Iran are manifestation of both this urge to dominate and to deter Russia and China from mounting challenges.
[1] Among the most notable challenges of a legalist character have been the South African submission to the ICJ in late 2023, the Hague Group challenge at Bogotá of July 2025, and several UN General Assembly Resolutions seeking international guidance with respect to a mandatory ceasefire and the legal status of Israel role under the 4th Geneva Convention of being the Occupying Power of Palestinian Territories after 1967, including Gaza. On the latter see authoritative near unanimous Advisory Opinion of the ICJ, “Legal Consequences arising from the Policies and Practices of Israel in the Occupied Territory, including Gaza,” 19 July 2024. In contrast, the Western liberal democracies of Europe and North America have refused to subject Israel’s response to the October 7 attack to legal scrutiny, and have endorsed and materially supported its genocidal response, unreservedly until a groundswell of civil society protests have induced all of Israel’s supporters except for the US to engage in ‘damage control’ by acting in defiance of Israel wishes such as belated recognition of Palestinian statehood, often accompanied by conditional clauses that would withdraw the statehood pledge or that impose conditions on the Palestinians such as hostage release.
[1] Only one ICJ judge, Julia Subutinde from Uganda, relied on this absurdly distorted reasoning and voted against all of the rulings in the South Africa genocide submission on the ground that since she regarded the dispute as ‘political’ rather than ‘legal’ dispute, and hence, the ICJ lacked jurisdictional authority. It seems absurd and distorted in view of the clearly legal contention that Israel was violating provisions of the Genocide Convention.
[1] by portraying the Hamas attack as worst-case ‘terrorism’ with no account taken of Israel’s numerous and unapologetic violations of international law, including defying the ICJ Advisory Opinion of 2004 on its Separation Wall and violations of the Apartheid Convention(1973) as well as the legal duties spelled out in the 4th Geneva Convention, the context including a punitively interpreted blockade established in 2007 after Hamas’ electoral victory the prior year; Israel’s complacency in view of several reliable warnings of an impending attack from Gaza and its appearance of seeking a pre-planned pretext for activating its obviously planned end game of territorial annexation and Palestinian ethnic and political erasure to be put into operation under the cover of a response to the Hamas attack
[1] The Human Rights Council has 48 thematic and 14 country mandates, each with an appointed special rapporteur, normally serving without compensation for two three-year terms. Special rapporteur can withdraw by resigning at any point, and can be challenged by the Assembly of 47 UN member states for exceeding or departing from the designated scope of the mandate.
[1] For pre-Albanese experience of the three prior SRs see Falk, Note 2. Also, Marjorie Cohn, “Ex-UN Special Rapporteur says Francesca Albanese Deserves Nobel Prize, Not US Sanctions,” Truthout, July 14, 2025
[1] See Gaza Peoples Tribunal issued the Sarajevo Declaration of the Gaza Tribunal on May 29, 2025.
[1] Hague Group, Emergency Conference of States, Bogotá, 2025, attended by 30 countries, addressed by Francesca Albanese, Issued “Joint Statement on the Conclusion of the Emergency Conference on Palestine,” 16 July 2025, committing 13 signatory countries to integration into their domestic legal systems the acceptance and implementation of six concrete measures, including an arms embargo, prohibition of carriage of military equipment to Israel by ships flying their national flag, comply with international law duty to take actions to prevent genocide and seek accountability for all serious international crimes, and seek to accept universal jurisdiction as a national judicial basis for granting victims of Israeli abuses in Occupied Palestine Territories a means to seek legal redress for harms suffered.
[1] The motivations behind these recent various moves by France, Germany, and Canada purporting to affirm Palestinian statehood, in the face of Israeli and US objections, is to revive the failed ‘two-state Oslo diplomacy’ under the less favorable conditions. If ever implement by the present configuration of forces it would likely eventuate in a Palestinian ‘bantustan statelet’ demilitarized and neutralized. Although it might curtail the full realization of the Zionist Project, its proponents would insist that such acts are as far as Palestinian self-determination and identity claims can be acknowledged. Such an outcome would in no way would fulfill the liberation criteria attached to the fulfillment of the Palestinian right of self-determination by authentic Palestinian representatives. This ‘solution’ would leave Israel free to maintain Zionist apartheid views of Jewish supremacy as embodied in the adoption by the Knesset of the 2018 Basic Law. See detailed Chinese Academy Newsletter, “Palestine as a Battleground in the US-France Influence Game,” 28 July 2025, carefully analyzing the French calculations underlying Macron’s declaration of support for Palestinian statehood. Although an incisive analysis it understates the role of domestic pressures in shaping the Macron decision.
[1] See Ian Martin UN, “UNHQ Report of Inquiry into Incidents in the Gaza Strip,” bearing on Israel discrediting attacks and punitive exclusions of UNRWA and other UN Gaza humanitarian aid initiatives.
[1] See especially the two near unanimous outcomes in the ICJ: The Advisory Opinion of July 19, 2024 and the Interim Judgment of the ICJ on March 26, 2024 as cited in Notes 4 & 8. The arrest warrants issued by the ICC have had a delegitimizing impact that exceeds their legal relevance as accountability measures. Unlike the ICJ the ICC is not part of the UN and several important states have declined to become parties to the Rome Statute, the treaty framework governing ICC proceedings, including Israel and the US, as well as Russia and China. Along with other states who are parties, these governments refuse to cooperate with the ICC in relation to the implementation of arrest warrants, which means the ICC remains unable to pursue indictment, prosecution, and punishment phases of international criminal law enforcement.
[1] See Falk & Virginia ; HRW; AI; B’Tselem
[1] Huntington, Samuel P., The Clash of Civilizations and the Remaking of World Order, Simon & Schuster, 1996, which is a revised version of his much-debated 1993 article in Foreign Affairs in the same year, and notable for substituting China for Islam as the primary adversary of the US and the West after the Cold War.
[1] International law, as is all law, itself is subject to sharp critiques as serving the interests of the rich and powerful in the Global West, including with respect to the subject-matter of war and peace if assessed from the perspective of justice rather than interests. The two world wars and anti-colonial movements of the last century made some impact on this prior experience as did jurisprudential contributions of scholars (e.g. Balakrishnan Rajgopal, Upendra Baxi) from the Global South, giving rise to the TWAIL movement that continues, and seeks to align international law with justice as with the development of right to development, the principle of self-determination, and rights of resistance by peoples subject. Oona Hathaway and Shapiro accord great significance to the Pact of Paris (1928) outlawing aggressive war in their book. And the advent of nuclear age made war prevention a practical imperative for all states, but eventuated in the normalization of this category of weaponry, splitting the governments of the world between a reliance on deterrence and calls for nuclear disarmament signaled by the Treaty of Prohibition of Nuclear Weapons (TPNW), a project of the Global South, so far rejected by leading governments in the Global North. It remains the case that ‘political realism’ controls the foreign policy of leading countries, and reflects the economic and political interests of predatory capitalism, militarized geopolitical calculations, and post-colonial imperialism. The UN after 1945 allowed the ‘winners’ to enjoy impunity for their international crimes (but not the ‘losers’) and to shape the future of world order by continuing to base global security on preserving the freedom of action of the victors in World War II. What has changed is that there now exists an alternative international law discourse, more closely aligned with the public good, that is available to challenge the behavior of geopolitical actors, but not yet influential in shaping the foreign policy of geopolitical actors. Henry Kissinger, the arch realist of our time admitted his annoyance with assistants who reminded him of relevant constraints of international law that he believed should be seen in the formation of war/peace statecraft.
[2] Adopting a ‘regulatory’ perspective toward international law does not ensure justice but only promises consistency in the application of law, and respect for the authoritativeness of decisions by institutions such as the ICJ and ICC that are empowered to resolve legal disputes. Such an understanding of a law-oriented approach has recently been Government indirectly repudiated by the US, perhaps most clearly by its announced sanctions on Palestinian Authority officials because of their role in the ‘internationalization’
of the Gaza conflict by their submissions to the ICJ and ICC, an action described in the sanctioning statement as contrary to ‘the national security interests’ of the US. See BBC coverage,
[1] See report to UN by Francesca Albanese, “From the Economy of Occupation to the Economy of Genocide,” A/HRC/59/13, 16 June 2025. GNQP Statement; SHAPE Statement
[2] Some prominent examples in the Gaza context are the normative encounters between the independent legal experts of the UN Human Rights Council, especially in relation to the last four Special Rapporteurs (SRs) for Palestinian Territories Occupied by Israel since 1967. For pre-Albanese assessments by three prior UN SRs see Richard Falk, John Dugard, and Richard Falk: Protecting Human Rights Through the United Nations: , Clarity Press, 2023. Such encounters have been highlighted in the intense friction between SR Francesca Albanese and governments supporting Israel’s military operations in Gaza, dramatically highlighted by sanctions imposed on her, barring entry and freezing private economic assets. See Falk, “Sanctioning Francesca Albanese,” The Nation, July 15, 2025. See also law-influenced initiatives of the Gaza Peoples Tribunal, The Hague Group, and Ahmet Davutoglu & Richard Falk, ed., Genocide in Gaza: Global Voices of Conscience, Clarity Press, 2025. Sanctioning Albanese appears to violate two relevant international treaties binding on the US: Convention on the Privileges and Immunities of the United Nations; Agreement regarding the Headquarters of the United Nations (the Host Country Agreement).
[iii] By ‘progressive’ is meant that international law is interpreted as a regulative framework rather than a policy instrument subject to double standards in responding to the polices of adversaries and to those of allies and properly criticized as exercises in moral hypocrisy and state propaganda that undermines the reputation of international lawyers and legalism in the context of international relations. See Falk & Hans von Sponeck, Liberating the United Nations: Realism with Hope, Stanford University Press 2024. In light of the support of Israeli genocide on the part of most liberal democracies, the hopefulness expressed by the title is seems naïve, at least in the short run.
[iv] See Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), ICJ interim decisions, 26 January 2024, 28 March 2024. See generally Alexander Wentker, “More and More Disputes on War and Genocide are being Litigated at the International Court of Justice,” Chatham House Report, 4 September 2024.
[v] See Richard H. Minear, Victors’ Justice: Tokyo War Crimes Tribunal, Princeton University Press, 2016; Gary J. Bass, Judgment at Tokyo: World War II on Trial and the Remaking of Modern Asia, Knopf, 2023.
[vi] Relevant here is the focus of the Genocide Convention on the Prevention and Punishment of the international crime. At least for parties to the treaty, this would seem to brand complicity as prima facie participation in the crime. But see Reed Rubenstein, Senior Legal Advisor of US Secretary of State, as warning the ICC that ‘all options are on the table’ if it does not refrain from hostile acts against Israel or the US, governments, states that deny the jurisdiction of the ICC in relation to themselves as non-parties to the Rome Statute establishing the legal framework of the ICC. The Rome Statute in fact claims jurisdiction over non-signatories if the alleged crime occurs on the sovereign territory of a treaty party, in this instance Palestine. Of course, Rubenstein although has a title that suggests a legalist perspective made a purely political, really a geopolitical argument at the UN that is implicitly dismissive of legal relevance.
[vii] Hidden here, is the biasing of judgment by the strong influence of special interests as evidenced by the US Congressional bipartisan and shameful honorific welcoming of Israel’s Prime Minister despite his notorious role as the chief and most unapologetic perpetrator of the Gaza genocide. These special interests associated with strategic alignments and economic benefits involve a maximum effort to at the reassertion of Western dominance of the world after the collapse of European colonialism and the end of the Cold War as serving economic interests. In different ways the three recent armed conflicts in Gaza, Ukraine, and Iran are manifestation of both this urge to dominate and to deter Russia and China from mounting challenges.
[viii] Among the most notable challenges of a legalist character have been the South African submission to the ICJ in late 2023, the Hague Group challenge at Bogotá of July 2025, and several UN General Assembly Resolutions seeking international guidance with respect to a mandatory ceasefire and the legal status of Israel role under the 4th Geneva Convention of being the Occupying Power of Palestinian Territories after 1967, including Gaza. On the latter see authoritative near unanimous Advisory Opinion of the ICJ, “Legal Consequences arising from the Policies and Practices of Israel in the Occupied Territory, including Gaza,” 19 July 2024. In contrast, the Western liberal democracies of Europe and North America have refused to subject Israel’s response to the October 7 attack to legal scrutiny, and have endorsed and materially supported its genocidal response, unreservedly until a groundswell of civil society protests have induced all of Israel’s supporters except for the US to engage in ‘damage control’ by acting in defiance of Israel wishes such as belated recognition of Palestinian statehood, often accompanied by conditional clauses that would withdraw the statehood pledge or that impose conditions on the Palestinians such as hostage release.
[ix] The sole ICJ judge that bought this absurdly distorted reasoning was the Ugandan judge who voted against all of the rulings on the ground that since it was a political rather than legal dispute the ICJ lacked jurisdictional authority.
[x] By portraying the Hamas attack as worst-case ‘terrorism’ with no account taken of Israel’s numerous and unapologetic violations of international law, including defying the ICJ Advisory Opinion of 2004 on its Separation Wall and violations of the Apartheid Convention(1973) as well as the legal duties spelled out in the 4th Geneva Convention, the context including a punitively interpreted blockade established in 2007 after Hamas’ electoral victory the prior year; Israel’s complacency in view of several reliable warnings of an impending attack from Gaza and its appearance of seeking a pre-planned pretext for activating its obviously planned end game of territorial annexation and Palestinian ethnic and political erasure to be put into operation under the cover of a response to the Hamas attack
[xi] The Human Rights Council has 48 thematic and 14 country mandates, each with an appointed special rapporteur, normally serving without compensation for two three-year terms. Special rapporteur can withdraw by resigning at any point, and can be challenged by the Assembly of 47 UN member states for exceeding or departing from the designated scope of the mandate.
[xii] For pre-Albanese experience of the three prior SRs see Falk, Note 2. Also, Marjorie Cohn, “Ex-UN Special Rapporteur says Francesca Albanese Deserves Nobel Prize, Not US Sanctions,” Truthout, July 14, 2025
[xiii] See Gaza Peoples Tribunal, Sarajevo Declaration
[xv] Hague Group, Emergency Conference of States, Bogata, 2025, attended by 30 countries, addressed by Francesca Albanese, Issued a “Joint Statement on the Conclusion of the Emergency Conference on Palestine,” 16 July 2025, committing 13 signatory countries to integration into their domestic legal systems the acceptance and implementation of six concrete measures, including an arms embargo, prohibition of carriage of military equipment to Israel by ships flying their national flag, comply with international law duty to take actions to prevent genocide and seek accountability for all serious international crimes, and seek to accept universal jurisdiction as a national judicial basis for granting victims of Israeli abuses in Occupied Palestine Territories a means to seek legal redress for harms suffered.
[xvi] As Craig Mokiber has pointed out the idea behind this international move toward Palestinian statehood is the establishment of a ‘bantustan statelet’ demilitarized and neutralized, and by such acts be done with Palestinian identity claims, which in no way would fulfill the liberation criteria of the Palestinian right of self-determination. Leaving Israel free to maintain Zionist views of Jewish supremacy as depicted in the adoption by the Knesset in the 2018 Basic Law. See Chinese Academy Newsletter analyzing the French announced declaration of support for Palestinian statehood
[xvii] See Ian Martin UN, “UNHQ Report of Inquiry into Incidents in the Gaza Strip,” bearing on Israel discrediting attacks and punitive exclusions of UNRWA and other UN Gaza humanitarian aid initiatives.
[xviii] See especially the two near unanimous outcomes in the ICJ: The Advisory Opinion of July 19, 2024 and the Interim Judgment of the ICJ on March 26, 2024 as cited in Notes 4 & 8. The arrest warrants issued by the ICC have had a delegitimizing impact that exceeds their legal relevance as accountability measures. Unlike the ICJ the ICC is not part of the UN and several important states have declined to become parties to the Rome Statute, the treaty framework governing ICC proceedings, including Israel and the US, as well as Russia and China. Along with other states who are parties, these governments refuse to cooperate with the ICC in relation to the implementation of arrest warrants, which means the ICC remains unable to pursue indictment, prosecution, and punishment phases of international criminal law enforcement.
[xx] Huntington, Samuel P., The Clash of Civilizations and the Remaking of World Order, Simon & Schuster, 1906, which is a revised version of his much debated articles in Foreign Affairs in the same year, and notable for substituting China for Islam as the primary adversary of the US and the West after the Cold War.
My name is Richard Falk, a retired professor of international law at Princeton University. I speak here as the Chair of the Board of Trustees of Euro-Med Human Rights Monitor, a civil society organization based in Geneva, that reports on human rights throughout the Middle East and North African region with a special focus on violations of the human rights of the Palestinian people. I am most proud to be associated with Euro-Med due to the fearless dedication it has displayed in its on the ground documenting and reporting upon human rights abuses since 2011 when it was founded by its current inspirational leader Ramy Abdu who has served throughout its existence as its Chair. Through my contacts with Ramy Abdu I came to appreciate his leadership, admiring how much was achieved by Euro-Med despite its modest budget. Ramy together with his small staff arranged the collection of evidence and documentation of huma rights allegations by the recruitment of unpaid volunteers from the region, mostly young persons committed to the promotion of human rights willing to accept the risks of this dangerous work.
What has impressed and moved me most about Euro-Med is the indispensable work done over the 15 years since 2011 in the most difficult of circumstances. I make this statement affirming the quality and integrity of Euro-Med’s work now in response to the intensification of defamatory attacks on the organization as biased and supposedly linked to Hamas. These charges have been made by the government of Israel and by pro-Israel media and Zionist zealots in Western countries, particularly the United States. These attacks that are intended to be discrediting have included vicious media diatribes leading to threats of violence against Euro-Med staff members that have forced the organization to divert attention from its crucial substantive priorities to use precious resources and valuable time to take prudential precautions to protect its staff.
This recent escalation of defamatory attacks on Euro-Med and its leadership has been prompted by the publication on May 11, 2026 in the New York Times of an opinion column written by Nicholas Kristof, a prize-winning regular contributor to the NYT. This carefully reasoned and sourced article explicitly relied on Euro-Med Reports to ground Kristof’s confirmation of severe forms of sexual violence engaged in by Israeli prison officials and IDF soldiers in dealing with Palestinian civilians, and particularly detainees, including women and children. It was not unusual for influential media, NGOs, and activists to rely on Euro- Met reports given its reputation for trustworthy information. In this instance, Kristof’s eminence as a journalist, and even more because the NYT enjoyed had a long record of being a pro-Israeli news source that self-censored itself with respect to the most incriminating abuses by Israel that defied its legal and moral responsibilities in relation to the Palestinian people. As a result when even the NYT took seriously such dramatic allegations it could not easily be refuted or brushed aside.Actually, Kristof’s reference to Euro-Med’s documentation of sexual violence against Palestinians should have enhanced the credibility and demonstrated the effectiveness of Euro-Med instead of serving as a launching pad for a smear campaign that is characteristic Israeli behavior whenever accused the state is accused in a persuasive manner. Israel employs the practice of shifting the conversation to the credibility of the messenger as a means of ignoring the message, especially when its veracity is beyond a reasonable doubt.
These charges of sexual violence, shocking as they were, came as no surprise to close observers of Israel’s behavior in the Occupied Palestinian Territories. The surprise was that the NYT had finally broken its habitual silence about Israeli atrocities that it had maintained for so long. The. NYT had been silent in the past whenever evidence of systematically and flagrantly violations of human rights principles by Israel was irrefutable.
This pattern of Israel’s sexual abuse in the aftermath of the October 7 Gaza attack became more extreme and notorious. This development was a major theme of the detailed report in March 2025 by the Commission of Inquiry on the Occupied Palestinian Territory established by the UN Human Rights Council. Additional to the description of instances of human rights abuses was the extremely damning assessment that ‘sexual and gender-based violence’ had become for Israel a ‘method of war.’ It was acknowledged that there was lacking convincing evidence that this practice was explicitly adopted by the Israeli government. Yet the Commission believed this behavior was implicitly endorsed by Israeli officialdom that responded to even the most extreme abuses by granting governmental impunity to the wrongdoers however serious the international crimes.
It is of utmost importance to support the integrity of Euro-Med and other objective human rights organizations and not allow state propaganda and extremist support groups of Israel to shut down or defame courageous efforts to expose human rights abuses. This attack on Euro-Med should be understood as part of a wider campaign of punitive response to truth-tellers (in contrast to impunity for wrongdoers) who are risking not only their reputations but their lives by devoting their efforts to the dissemination of inconvenient truths. The United States sanctioning of UN Special Rapporteur of Israeli Violation of Human Rights in Occupied Palestine, Francesca Albanese, is a similar disgraceful attack on an exceptionally brave truth-teller that should be seen as at one with these vicious attacks on Ramy Abdo and Euro-Watch.
Voices of global conscience need to accept and act upon the ancient wisdom that when truth prevails, justice is served, human dignity and moral decency upheld. Likewise, when truth is suppressed and evidence of atrocities is filtered or ignored, evil flourishes.
[Prefatory Note: The post below are my modified responses to questions posed by the Quds News Agency, a Palestinian youth journalistic network. The Iran War was widely rationalized after the fact as ‘a war of choice’ as if recourse to war continues to be a discretionary option in the 21st century. Iran’s resilience also suggests that non-defensive warfare is becoming a lose/lose venture in many contemporary situations, as well as radiating harm far beyond the national boundaries of the sovereign space that is the geographic locus of the combat zones, a sign of how interconnected the world has become with respect to reliable supply chains.]
The Zionist regime is facing serious crises within the occupied territories, including internal disputes, reverse migration, lack of security, and psychological problems. As you know, the Zionist regime, in addition to the war with Iran, is also heavily involved in Lebanon, Gaza, and the West Bank. The Zionist regime violates the ceasefire in Gaza and Lebanon on a daily basis. How do you evaluate these ceasefire violations and crises?
Israel, as led by the Netanyahu coalition adheres to an extreme version of Zionist ideology, which is committed to ethic supremacy for Jews, denial of Palestinian statehood in their own homeland, while pursuing expansionist river to the sea territorial goals by recourse to apartheid and genocide, with an outcome in Gaza of ecocide. Israel has been consistently defiant of international law as embodied in the 4th Geneva Convention on Belligerent Occupation as well as authoritatively enunciated by the International Court of Justice in a series of strong, highly professional legal assessments, supported by a large majority of the participating judges, including several from countries whose governments are complicit in many of Israel’s crimes.
Israel is paying an increasing reputational cost and pushback for these policies flagrantly in violation of international humanitarian law and universally shared ethical values. Israel has succeeded apartheid South Africa in becoming the leading pariah or rogue state in the world. Yet shamefully it continues to retain unconditional support from many Western liberal democracies, most prominently from the United States Government in an increased contested policy domains in which pro-Israel support is opposed by an emergent majority of the American people. In recent months it has been losing support from major European countries that had been complicit supporters of its genocide in Gaza.
Another way of viewing these developments is to observe that Palestine has already won the Legitimacy War for the high legal and moral ground in this encounter between the Zionist movement and the ancestral majority Arab population. In recent settler colonial situations the winner of the symbolic Legitimacy War has generally taken precedence over the battlefield military superiority of the colonial power. The French learned this lesson in Indochina and Algeria. The United States has unfortunately failed to learn a similar lesson from its experience in the Vietnam War. There is every indication that the Zionist leadership of Israel pays no attention to the relevance of the Legitimacy War in its policy calculations or to the outcomes of most political conflicts in the post-colonial world, where nationalist resistance has politically outlasted coercive foreign encroachments on territorial sovereignty that inflicts devastation and massive casualties but fails to overcome resistance until it finally withdraws in the face of combat fatigue and a rise in opposition in the metropole.
I believe that Israel faces a dismal future unless, as now seems unlikely, it repudiates Zionism, becomes a normal secular state, and respects international law and morality, and upholding with sensitivity in the context of the long suppressed Palestinian inalienable right of self-determination.
It is significant that genocidal settler movements enjoyed considerable political success prior to the adoption of the Genocide Convention of 1948 under the shadow of the Holocaust. The most spectacular examples are the breakaway white British colonies, above all, the United States, but less dramatically and more ambiguously, Canada, Australia, and New Zealand that remained members of the British Commonwealth, yet dispossessed native populations with equal or even greater fury.
Many international analysts and experts believe that the United States and Israel failed to achieve their goals in the war against Iran, and Iran emerged as a new superpower. What is your opinion? To what extent do you consider Iran to be the winner of this war?
Iran is emerging from this aggressive war initiated by the US, joined by Israel, stronger and more respected, feared regionally and globally. Iran is hardly ‘a superpower’ except in the sense of showing great resolve in resisting foreign, geopolitically motivated intervention, and yet surviving decades of punitive actions by Israel and the United States. This makes Iran so far ‘the winner’ in this war started on Febuary 28th by its unexpected ability to completely frustrating the aggressors states in their efforts to gain a painless victory by devastating Iran sufficiently by its ‘shock and awe’ tactics to produce a qick political surrender. Additionally, for the second time in a year Iran has endured devastating violations of its territorial sovereignty causing severe losses to the people of the country as well as unwarranted harsh sanctions. The deliberate assassination of Iran’s Supreme Leader and the attack on a girls’ elementary school in Minab causing an estimated 200 deaths at the outset of the war highlight the experience of a militarily one-sided war in which the aggressors are only indirectly and marginally subject to military retaliation. Such combat tactics underscored the unwillingness of the aggressor states to conduct their military operations in a manner that would facilitate a diplomatic off ramp from its gross miscalculations of Iran’s will to resist and capacity to inflect discrediting harm to the region and the entire world by its defensive option of closing the Strait of Hormuz to maritime traffic.
This unanticipated closure of Strait of Hormuz demonstrated the extent of miscalculation on the part of the aggressor states, causing widespread hostility to the war in the U.S., especially severe for the poor everywhere and countries dependent on supply chain reliability from the Gulf region for their energy and fertilizer needs. Such an economistic combat tactic by Iran has somewhat evened the balance in the struggle, although the United States and Israel have been spared retaliatory devastation and even major economic harm. It is likely that the outcome of the Iran War will send Western war planners to revise the tactics relied upon by the geopolitical pursuit of strategic interests.
Some media outlets are reporting on the Zionist regime’s moves to drag the United States into war against Iran again. What is your assessment? Will the US and Israel war against Iran resume again?
In the context of autocratic leaders such as Trump and Netanyahu it is hazardous to predict what course the future will take in relation to Iran. Trump has exhibited an inability to admit political defeat and has often managed to conceal his setbacks by wildly exaggerated claims of success as he did in the early days of the Iran War. He seems to have confused exaggerated early US reports of devastating losses inflicted on Iran’s military capabilities with a victorious political outcome. When the Iranians refused to play along, demonstrating retaliatory capabilities by strikes against US military bases in the region, and later by the Hormuz closure, Trump reacted with genocidal threats and crude expletives. When Iran still showed no signs of wavering, Trump backed off, but did not cease his bluff diplomacy by pretending the war was over and it ended with an American victory. At the same time, incoherently Trump continued to utter threats directed at Iran coupled with derisive comments about their diplomatic proposal to end the war permanently. Trump is a typical display of childlike pique called Iran’s politely conveyed proposal ‘totally unacceptable,’ and insultingly discarding it as ‘garbage.’ Quite characteristically, Trump offer no counter-proposal in accord with diplomatic protocol rather in a rhetoric associated with master/slave hierarchical relations.
Where this will lead is impossible to forecast, although the present stalemate does not make me hopeful about what lies ahead.
With respect to Netanyahu the situation is somewhat different. Since the October 7 attack on Israel border villages, Israel has pursued a policy of absolute security for itself, no matter the costs to other societies in the Middle East. Such a policy has led to sustained genocide in Gaza, unrestrained settler violence in the West Bank, the Gazafication of southern Lebanon, and an insistence on the pursuit of its own goals in Iran as distinct, and more farreaching, than those of the US. Israeli goals seek regime change in Tehran, the total abandonment of Iran’s nuclear program, and an end to positive relations with regional pro-Palestinian Islamic movements in the region.
From the experience in Gaza, we should at least learn that Israeli ceasefires operate, at best, as temporary deescalation moves rather than signaling the end of violence. I would be happily surprised if Israel refrains from resuming its war against Iran, with or without the US, which seems improbable so long as Iran emerges as a stronger regional actor than it was before February 28th.
If genuine peace is to replace Western hegemony in the Middle East it must include a process of genuine denuclearization starting with Israel, and concluding with the establishment of a multinational nuclear free zone throughout the Middle East, with compliance monitored by the International Atomic Energy Agency. Accompany this imperative step would be the establishment of a regional framework that gave due participation to Palestinian representation and established mechanisms promoting regional development.
1. From the perspective of international law and the Geneva Conventions, how do you assess Israel’s targeting of civilian infrastructure, including elementary schools, universities, and hospitals — facilities that enjoy special protection under international humanitarian law? Specifically, how do such actions constitute war crimes under the Rome Statute?
Israel has ignored international law since its inception in 1948, including the legal obligations of an Occupying Power in the Palestinian Territories of Gaza, the West Bank, and East Jerusalem. Such an assessment has been validated by the International Court of Justice in its Advisory Opinion of July 19, 2024, Legal Consequences of Israel arising from the policies and practices of Israel in the Occupied Palestinian Territories, including East Jerusalem. This authoritative rendering of international law in a highly professional manner, called for the withdrawal by Israel from these Palestinian territories occupied since 1967 within one years, a judicial determination overwhelmingly endorsed by the UN General Assembly.
Several years before the Gaza attack on Israel border villages of October 7, 2023 Israel was widely regarded as guilty of the distinct crime as specified in the 1973 Apartheid Convention on the Suppression and Punishment of the Crime of Apartheid, considered binding on all states. This legal assessment was made in a series of independent studies and reports under the auspices of the UN and leading human rights organizations, including Amnesty International and Human Rights Watch.
2. As a leading scholar of international law, how do you view the systematic nature of Israel’s attacks on civilian infrastructure? Do these actions, particularly the targeting of schools and universities where children and young people were present, meet the legal definition of crimes against humanity?
It is a fundamental norm of international law that the targeting of civilian infrastructure is not only unlawful, it is a war crime, if sustained it is a crime against humanity. Israel has repeatedly targeted schools, hospitals, and heritage sites resulting to severe physical damage but also in many deaths and injuries. This unacceptable pattern of war crimes has been aggravated by the blockage of humanitarian aid causing widespread disease, starvation, and malnutrition. There is little doubt that any objective international criminal court would find these combat tactics to constitute crimes against humanity.
3. The United States continues to provide military and political support to Israel. From the standpoint of international law, to what extent is the US complicit in the commission of war crimes and crimes against humanity? Under the principle of “universal jurisdiction” and the doctrine of command responsibility, can American officials be held legally accountable for their support of actions that violate international law?
International law is somewhat vague about the degree to which crimes of a perpetrator also produce criminality for governments that act in complicity by the supply of weapons, munitions, funds, and intelligence. The Genocide Convention (1948) and the Apartheid Convention (1973) both impose an obligation on parties to the convention to take steps to prevent such crimes and to punish perpetrators, and seem susceptible to being interpreted as extending accountability to governments and individuals that knowingly lend support, even by way of incitement to commit such crimes.
The Gaza Tribunal, the UK Gaza Tribunal, and Canadian Inquiry into Canadian Responsibility all acted on the legal premise that complicity was a crime for which those guilty should be held accountable.
4. You have previously characterized certain actions by Israel as “genocide.” Based on the rulings of the International Court of Justice (ICJ) and the definition of genocide in the 1948 Genocide Convention, do you believe the scale and nature of Israeli attacks on Gaza — including the destruction of civilian infrastructure, the siege, and the prevention of basic necessities — legally satisfy the elements of the crime of genocide?
I have no doubt that the behavior of Israel in response to the October 7, 2023 assumed a genocidal character in Gaza (as well as later in the West Bank and South Lebanon) that would produce judicial findings that Israel was guilty of violating the Genocide Convention. The Gaza Tribunal at its public session and in its prior Sarajevo Declaration both occurring in 2024 responded to expert witnesses and survivor testimony with a clear understanding that Israel’s actions as well as those of the complicit Western states constituted genocide. The ICJ is proceeding from its 2025 Decision on Interim Measures that the evidence before supported an inference of ‘plausible genocide,’ but a final judgment will to be rendered within the months ahead to give an authoritative reasoned response on the central question of genocide.
5. What is your assessment of the role and performance of international judicial bodies — particularly the International Criminal Court (ICC) and the ICJ — in addressing Israel’s violations of international law? In light of the ICC’s arrest warrants for Israeli officials, why has the international community failed to enforce these rulings, and what steps are needed to ensure accountability?
. Important
The ICC is a weaker institution that the ICJ due to it resting on the Rome Statute that provides a treaty framework for its operations. Important countries, including the US, China, Russia, and India, as well as Israel have refused to become parties to the treaty and regard its issuance on November 21, 2024 of arrest warrants for Israel’s Prime Minister,BenjiminNetanyahu and former Minister of Defense Yoav Gallant as without a proper legal foundation. Also, the ICC proceeds only against individuals and was formally established outside the UN system.
Nevertheless, the ICC proceeded in a highly professional manner and came to legal conclusions that enjoy the approval of most international law experts. Sadly, there is no way of enforcing its judgments without voluntary compliance or independent UN action. So far, the political will to implement the arrest warrants is lacking.
6. You have served as a UN Special Rapporteur. From your experience, why has the United Nations system, particularly the Security Council, been unable to effectively uphold international law regarding Israel’s actions? What structural or political obstacles within the UN prevent meaningful action against powerful states and their allies?
There are two main reasons why international law has not been effectively implemented in relation to Israel. First, Israel enjoys the support of the liberal democracies of the West to the extent that the political will to enforce international law even in relation to genocide is not present. Secondly, the UN Security Council is the only political organ with enforcement authority, and its behavior is subject to a veto, which was cast on milder ceasefire resolutions, and was not presented for action to the Security Council in anticipation of a veto.
7. Regarding the future of negotiations: The current ceasefire in Gaza has been announced, but many fear it is fragile and temporary. In your view, what are the prospects for these negotiations? Under what conditions can a ceasefire be transformed into a sustainable and just peace? Do you believe that the current diplomatic efforts in Islamabad and elsewhere have the capacity to produce a legally binding and enforceable outcome?
The Trump diplomacy leading to a ceasefire and setting forth a plan for the future of Gaza is a mockery of international law and morality. It rewards the Israel government for committing genocide, while punishing Palestine by inflicting a diplomatic process that denies its right of self-determination. The fact that the UN Security Council endorsed this outcome unanimously (although China and Russia abstained) in SC Resolution 2803 and was applauded by the UN Secretary General for doing so are shameful acts of submission to geopolitical pressures exerted by the US on behalf of Israel.
8. Finally, from the perspective of international law, what are the rights of the Iranian people and other nations in the region to defend themselves against aggression? If Israel violates the ceasefire and renews its attacks, what legal recourses and defensive measures do regional states have under international law, particularly under Article 51 of the UN Charter concerning the inherent right to self-defense?
These are complex questions that deserve detailed responses that are not possible in this format. Briefly, Iran is the victim of an unprovoked aggression prohibited by Article 2(4) of the UN Charter, making Iran entitled to act within the full scope of the right of self-defense as set forth in Article 51.
Israel has repeatedly violated the ceasefire to which it agreed upon, and has not been called to account. Palestine as a widely recognized state entity is entitled to act in self-defense, although it lacks the capabilities to do so. Other actors would be entitled to help defend Palestine in the spirit of collective self-defense but none have chosen to do so, except in an indirect way by South Africa through its ICJ initiative to allege Israeli violations of the Genocide Convention.
[Prefatory Note: My poembelow is intended as a sequel to an earlier poem Royalism in America, written in support of the No Kings protests of was a dramatic success as measured by turnout and public outrage directed at Trump’s abusive de-democratizing policies in America. It gave scant attention to the toxic harm inflicted on worldwide others and to the kind world order that would sustain peace, development, and justice. Economistic militarism has posed serious challenges to peace, Global South sovereignty, ecological resilience, and non-exploitative development ever since 1945. This degenerate behavior has been carried to extremes in the Gaza Genocide and exhibited by the War of Aggression launched on February 28, 2026 by the United States in partnership with Israel, itself following the open imperial revival of Monroe Doctrine imperial claims over Latin American sovereignty, and inalienable rights of self-determination. We who deplore ICE and what is represents, must also deplore the prolongation of Western militarism and what it means for life of children and civilians worldwide. We must stop climbing the escalation ladder that is one miscalculation away from a nuclear inferno.]
Future No Kings Protests: Weeping and Resisting in Global Solidarity
[Prefatory Note: My Responses to An Egyptian Journalist, Muhamed Abd Elaziz 15 Qs on International Law, Gaza, Personal Experience, and many other topics. My most comprehensive interview on current international maladies, 2/20/2026}
——————————–
1- Throughout your long career in international law, what was the moment when you felt your work made a real difference?
It is hard to say what qualifies as ‘a real difference.’ In my opposition to the Vietnam War as a scholar of international law I think that I made some difference in the public discourse, especially after years of unexpected resistance by the Vietnamese people inspired by their charismatic leader, Ho Chi Minh. On my return to the USA from my first of two wartime visits to North Vietnam in 1968, I conveyed to the US Government peace proposals more favorable to US interests than what was negotiated by Henry Kissinger several years later. The media gave my trip and proposals prominent attention.
Similarly with respect to the Iranian Revolution of 1978-79 that brought the Islamic Republic of Iran into power, especially as a result of media quotations of my generally supportive opinion of the popularity and legitimacy of the anti-Shah movement.
After I became active in promoting solidarity with the Palestinian struggle for their basic rights my views were excluded from mainstream thinking in the media, Congress, and even in academic circles, although it did not prevent me from being active on oppositional media platforms and among peace/justice civil society groups. My activism climaxed with an unexpected appointment by the UN Human Rights Council to be the Special Rapporteur for Occupied Palestine (2008-2014), which gave me an important venue to advance my views, although it was accompanied by defamatory campaigns to discredit my role as an independent expert reporting on Israel’s systemic violations of International Humanitarian Law and commission of Crimes Against Humanity.
I continued to write books and opinion pieces that expressed my commitment to progressive causes within the US and the world, with abiding efforts to promote denuclearization of international relations, ecological resilience, and anti-colonial/anti-imperial geopolitics, as well as the promotion of US foreign policy position more compatible with the global public good and greater sensitivity to moral imperatives.
2- Which international conflicts do you think were mishandled?
This is a big topic, and I can only give a short response. In my view the peace diplomacy in 1945 and after the Vietnam War, the Cold War, the 9/11 attacks, the Ukraine War, and the October 7 Palestinian attack on Israel’s villages close to the Gaza border were handled particularly poorly from the perspective of sustainable peace, human rights, and the pursuit of world order and global governance reform..
After 1945, the US gave up on a crucial treaty effort to rid the world of nuclear weapons, it oversaw the design of the UN in ways that kept the management of global security under the control of geopolitics rather than Rule of Law, and at first took a non-committal stand against European colonialism. After the Vietnam War, it failed to appreciate that in most instances the legitimacy of anti-colonial warfare prevails in wars overcoming the possession of military superiority by the colonial side and its allies. Its foreign policy elites dedicated themselves to eliminating the ‘Vietnam Syndrome’ by which public opinion in the US opposed intervention and wars fought with no perceived or convincing national security justification; it is generally believed that the Vietnam Syndrome was overcome by the rapid, casualty-light and inexpensive Iraq War of 1991.
After 1945, the Global West, led by the US was far more concerned with preparing for conflict with the Soviet Union than it was with creating a world order respectful of international law and devoted to the global public good. The result was to identify national interests with militarized geopolitics, an expensive and risky arms race, an ideological conflict between market economics and socialism, and producing internal repression of political dissent. After the Cold War, positive modifications with respect to nuclear weapons, climate change, UN reform could have been undertaken, but was effectively resisted by Kissingerian realism premised on beliefs associated with hard power historical agency,
After 9/11 the US without any consideration opted for a global war of terror rather than seeking a more stable framework resting on respect for the sovereignty of states in the Global South, a stronger UN, and cooperative frameworks for the enforcement of criminal law. Instead the US resorted to high tech tactics killing many innocent civilians, displaying no respect for territorial sovereignty in its reliance on drones, shock and awe tactics, with the goal of stricter management of security subject to US global dominance of a unipolar world order.
After the Ukraine War, rather than recourse to diplomacy and a negotiated compromise, to which Russia was receptive, the US-NATO led response chose to wage a geopolitical war against Moscow at the expense of Ukraine and its people. Now four years later the various parties seem unwilling to negotiate in good faith, allowing the killing to continue. It seems likely the war will end as it might have four years earlier by an exchange of negotiated concessions and security reassurances.
After the October 7 attack on Israel launched from Gaza, Israel initiateded a genocidal assault with the backing of leading Western countries, with spillovers to the West Bank and region. The genocidal strikes continued killing at least 80,000 Palestinians and were implicitly linked to the Israeli quest for ‘Greater Israel’ that called for the erasure of any Palestinian resistance, either by ethnic cleansing or total victimization. The nature of the alignments on either side of this conflict exposed the Islamophobic reflex of the leading Western liberal democracies and the heartless quest for Jewish primacy in Israel even if meant institutionalizing a harsh version of apartheid.
3- How do you see the state of human rights internationally today?
The observance of human rights has declined in recent years, especially in the liberal democracies of the West, but also reflecting authoritarian and xenophobic trends throughout the world, and in virtually all leading sovereign states. The voluntary adherence to the norms of international law with respect to human rights has also been negatively affected by the failure to address Israeli apartheid and genocide, and the widespread repression of pro-Palestinian solidarity protests and policy initiatives. The internal curtailments of human rights in the leading liberal democracies has also set back all efforts to increase compliance with human rights legal stardards.
4- How would you assess the current role of the United Nations in resolving existing conflicts, such as those in the Middle East or Palestine?
The UN is weaker than it has ever been since ir was established in 1945. This partially the result of the UN’s inability to protect the Palestinian people, and others, from Israel’s defiance of international law, highlighted by the refusal to respect Palestinian basic rights, above all, the right of self-determination, related rights of resistance to its denial in this kind of settler colonial context, and reaction to Israeli uses of force against several neighboring countries. This has been dramatized by allowing Israel and the United States to oversee in a manipulative manner the current ceasefire arrangements and control the future of Gaza, institutionalized in the shameful Board of Peace, which rewards the perpetrators of genocide and severely punishes its victims.
5- If you could change one previous international decision, which one would it be and why?
It was the decision back in 1945 to entrust the management of global security to non-accountable geopolitical actors, accorded an exemption from a legal duty to comply with the UN Charter. A closely related decision, important symbolically and substantively, was to impose accountability for war crimes only on civilian, military, and corporate leaders of the losers in World War II, coupled with the refusal to allow legal scrutiny of the crimes of the winners. The winners were expected by the American prosecutor, Justice Jackson to adhere in the future to the standards imposed on the losers at Nuremberg but consistently failed to do so with impunity.
6- Is it possible for the Iran nuclear deal to be revived and for Iran, the US, and Israel to live in peace?
It seems doubtful so long as the US steadfastly supports Israel’s patterns of hegemonic security policies applied not only to the Palestinian people, but to neighbors that either are sympathetic with the Palestinian ordeal, most notably Iran, or are perceived by Israel’s leaders to pose future obstacles to its goals of hegemonic regionalism. Peace in the region also depends on the West giving up its ideas about prevailing in an inter-civilizational struggle between the Islamic Middle East and the Christian West, a current struggle whose deep psycho-political and economistic roots can be traced back to the Christian Crusades of earlier centuries.
For regional peace to prevail in the Middle East to six interrelated steps must be taken: self-determination for Palestine, Israeli renunciation or drastic revision of Zionist ideology seeking ‘Greater Israel’ and regional hegemony; ending all US sanctions imposed on Iran; Israel’s giving up its nuclear weapons capability coupled with a monitored treaty to make the Middle East a nuclear free zone; the establishment of a Truth and Reconciliation Commission that critically examines the various versions of the Israeli and Palestinian narratives from the time of the Balfour Declaration in 1917 forward to the present; s negotiated cap on military spending and sales by Israel; a Declaration of Coexistence based on ethnic equality, and signed by both Heads of State and reinforced by a pledge of Permanent Members of the Security Council to suspend. any use of the veto in connection with any recurrences of the Israel/Palestine conflict. .
7- In your opinion, did the US and Israeli strikes succeed in destroying Iran’s nuclear facilities?
Of course, it is impossible to know with any precision, but all signs suggest that Iran has restored its enrichment facilities, which may both enhance its defensive capabilities and make it more vulnerable to further (unlawful) attacks by Israel and/or the United States. There is no justification in contemporary international law with respect to preventive war, including to prevent the proliferation of nuclear weaponry.
8- Do you think the current Iranian regime is facing an existential challenge, and how do you see the future of the Islamic Republic?
The Islamic Republic has proved remarkably successful over the decades in opposing external and internal opposition to the stability of national governance and to the protection of its rights as a sovereign state. Iran has been unfairly dealt with respecting its nuclear program, given Israel’s and the US hostility, threats, and uses of force since 1979. It is the core example of the doctrinal application of the clash of civilizations hypothesis that assumed policy relevance throughout Atlanticist region in the post-Cold War global setting. Trump’s pro-Israeli diplomacy has intensified the challenge of military attack and regime-changing interventions, but his transactualism could also lead to some kind of pragmatic agreements that would include a long-deferred normalization of relations with the Islamic Republic. Trump’s brand of narcissistic geopolitics includes a willingness to make abrupt and unexpected policy shifts.
9- Did the IAEA play a secret role in revealing the uranium enrichment levels to Israel and the US?
It seems the IAEA was the victim of Western geopolitical manipulations, but it is difficult to set forth reliably the fully story without access to the classified inner activity that led to these irresponsible IAEA reports on the restoration of Iranian enrichment capabilities.
10- What do “ICC” and “ICJ” need to have stronger enforcement mechanisms?
The ICJ to be stronger at the stage of enforcement would benefit from a curtailment of the P5 right of veto in all instances where the issue is one of ICJ enforcement. The GA could also urge compliance or even the imposition of sanctions, not with the force of a legal obligation, but as a moral duty.
The ICC, which unlike the ICJ, is not part of the UN System and relies on the treaty framework of the Rome Statute for its operations has currently no means of enforcement beyond the voluntary compliance of non-parties, which include the three leading geopolitical actors of our time, Russia, China, and the United States. A strong GA resolution might produce various kinds of pushback by sovereign governments and civil society actors that could increase pressure for both compliance and success. An alternative would be a UN Charter amendment giving the GA authority to enforce the judgments of both international tribunals. Such an innovation would depend on the P5 to recommend unanimously that such an amendment be adopted..
In the end, the political will of major states would be decisive in many instances, either to induce compliance or to support non-compliance. At present, most governments are resistant to obligations that encroach on national sovereignty, but in this setting of enforcing ICJ (including Advisory Opinions) and ICC decisions have a greater formal claim if the state in question is a member of the UN or a party to the Rome Statute.
11- Did Israel try to win you over to its side during your time as the UN Special Rapporteur on the situation of human rights in Palestine?
No, they made no attempt after losing their opposition to my appointment as Special Rapporteur at the Human Rights Council. Their entire effort during the six years I served as an unpaid UN appointee was to discredit me as an objective observer, accusing me of ethnic bias in repeated defamatory smears. Sadly, the UN exhibited little support even when I was detained in an Israeli airport prison facility while on a UN mission seemingly responsive to inflammatory comments from UN Watch, an NGO that devotes its energies and resources to the aggressive and often unscrupulous defense of Israel against critics, resorting to lies and insults. It is a sign of UN weakness that UNW is neither disciplined in its behavior or more appropriately delisted by the UNOSOC as possessing UN representational credentials.
12- How do you see the changes in Gaza and the entire Middle East since 7 October?
Although the future is unknowable, especially given a variety of factors, and hopeful possibilities should not be excluded from the political imagination although the present circumstances make the near future looks dark from perspectives that favor constructive responses to Palestinian grievances, greatly aggravated by Israel’s recourse to genocide for more than two years, flagrantly violating the Genocide Convention. The entire world witnessed in real time the horrifying daily images of the cruelty of the genocide, as well as Israel’s defiant posture, and the shocking civilizational support Israel received from the white Christian world on the first few months after October 7. At the same time, Trump is mercurial leader capable of making abrupt changes in the US role, already somewhat evident clinging to a two-state solution contrary to Israel’s wishes, although vaguely promised, and then only to be realized at some distant point in the future. It does appear to counter Israel’s present drive to establish Greater Israel as soon as possible. However, such a pledge is not without its contradictions. These are mainly shown by the absence of US criticism of Israel’s indulgence, if not encouragement of settler violence in the West Bank, an approach more consistent with de facto annexation than of any serious effort to demand that Israel policies meet the preconditions for establishing a viable Palestinian state. At present, without even the courtesies of deception, Israel seems more determined than ever to make any form of Palestinian statehood less and less feasible or desirable.
Besides this, Israel and the US pay no attention to the 2024 ICJ Advisory Opinion clearly obligating to withdraw from all three Occupied Palestinian Territories, a judicial outcome endorsed overwhelmingly by a GA resolution.
. 13- Do you see President Trump’s plan as an American occupation of Gaza?
It is a somewhat original joint colonizing vision to be implemented by a multi-state ‘Board of Peace, advantageous for Israel, punitive for the Palestinians, and under the uncontested partisan leadership of Donald Trump. It is in my view a disgrace that the UN Security Council unanimously endorsed the Trump Plan in SC Res 1803, which is a symbolic vindication of Israel’s genocide and a further punitive framework for the indefinite subjugation of Palestinians to a blend of ethnic cleansing and a harsh version of apartheid. Whether the outrageous Trump idea of supervising the reconstruction of Gaza to be the Riviera of the Middle East is situated somewhere on a policy spectrum linking predatory disaster capitalism to imperial geopolitics, and hopefully it is the imperial fantasy of a displaced realtor, and like many such flights of fancy, never to be realized. .
14- During your meeting with Ayatollah Khomeini, what exactly took place between you? How would you describe the impact of that encounter on you?
In Jannuary 1979 I was accompanied by Ramsey Clark, former US Attorney General, and Donald Luce, an anti-war religious leader, accepting an invitation from Mehdi Bazargan, the Interim President of the Islamic Republic, asking me to form a small delegation to visit Iran so as to have direct contact with the revolution and its leaders during the climactic days that were on the verge of producing victory for the popular movement of opposition to the Shah. During our time in Iran the Shah abdicated as his downfall as Iran’s leader became the only unfinished business of the victorious revolution. It was a perfect moment to have this conversation with symbolic leader of this revolution that surprised the world by its successful resistance to the Shah’s repressive apparatus.
While we were still in Iran, just prior to Ayatollah Khomeini’s return to Iran, we were told that because our visit was viewed as a success we were told that as a surprise reward we were being offered the opportunity to meet with Ayatollah Khomeini on our way back to the United States at his exile residence in a suburb of Paris/.
We had rhe meeting sitting in a circle within a large tent on the lawn of his residence. We covered many topic of lasting significance, but the one that remains uppermost in my memory was Ayatollah Khomeini’s initial questions to us as to whether, unlike in 1953, the United States would accept the will of the Iranian people and be open to normal diplomatic relations, which was his preferred future provided it was not a ruse to induce the new leadership to drop its guard.
We also inquired about the wellbeing of the Jewish minority, and his response was reassuring: “Judaism is an authentic religion, and if Jews do not involve themselves as agents of Israel, it would be a tragedy for us if they left Iran.” I came away from our several hours sitting on the ground in the tent with the distinct impression that Ayatollah Khomeini’s had a distinct preference for a peaceful diplomatic future with the West. Unfortunately, due to a number of factors, this has remained ‘the road not taken’ and to quote the renowned American poet, Robert Frost’s final line of the poem,.’and that has made all the difference.’
There is much else of interest that transpired at that meeting, including our impressions of this charismatic historic religious leader, but that would unduly lengthen my response, and will be saved for another occasion.
15- Why did you receive death threats for several years after your New York Times article titled “Trusting Khomeini,” and how did you deal with it?
Of course, I do not know the true motivations of those who transmitted death threats. It was more than disagreement with my assessments. I suspect it was to make me fear the consequences if I did not remain silent in the future. These threats did not alter my strong conviction that the US Government should at least test the willingness of Iran’s new leadership to act in accord with this stated desire for normal diplomatic relations based on mutual respect and shared benefits. It was an opportunity missed to demonstrate that the US was ready to grant legitimacy to the outcome of internal national struggles to shape the political identity of a sovereign state, an essential feature of the right of self-determination.
Because the road taken by all US leaders was one of confrontation and hostility toward the Islamic Republic, not in keeping with a rational assessment of US national interests,, it challenged the new leadership in Iran to give the highest priority to regime security and territorial defense. Whether these preoccupations were responsible for the harsh and seemingly intolerant policies of theocratic governance is impossible to discern. Interpreting whether the decades that followed might have been different if the US and Israel had not constantly Iranian historical anxieties about the past is a matter of pure speculatiom. Perhaps, a more convincing picture will emerge if Iranian policy insiders offer a careful analysis of how the security threats and destabilizing policies spearheaded by Israel, backed by the main members of the Atlanticist political community that emerged after World War II, turned governance into an understandable obsession with national security and regime stability.
16- Do you believe the George W. Bush administration was complicit in the 9/11 attacks? Do you possess any information that you haven’t previously published?
I am not an expert on the ongoing debates about what really happened on 9/11, but I do know that there are many loose ends and unanswered questions in the official version of the alleged Al Qaeda attacks. There is no present receptivity in Washington to opening the issue to objective scrutiny by an independent international commission of inquiry.
I have not seen any convincing evidence of active complicitly by George W. Bush beyond the well-established facts of complacency in the face of warnings of some kind of terrorist attack. The immediate launch of the Great Terror War was a regressive response, but consistent with the policy impulses of the ‘foreign policy elites’ that control the shaping of US national interests. An additional source of suspicion arose because the US was being pushed by Israel to adopt an anti-Iraq position in the Middle East. It is doubtful that the 2003 Iraq War would have been launched without the camouflage of the 9/11 attacks, which provided a falsely constructed rationale for engaging aggressively against any adversary of the United States, especially in the Middle East. It is worth revisiting ‘the clean break’ neo-con manifesto drawn up with encouragement from Israeli leaders in the 1990s.
[Prefatory Note: Ressponse of Richard Falk to Questions posed by the Iranian journalist Asgar Ghahramanpour, 9. February 2026]
1. **In light of the rise and consolidation of far-right and nationalist movements—such as the Trump phenomenon in the United States and similar trends in Europe and elsewhere—how do you assess the current status of international law within the emerging global order?**
Would you say that international law is increasingly retreating in the face of power politics?
International law is definitely being marginalized in contemporary international relations by the rise of ultra-nationalist political leaders and authoritarian governments. This negative trend is making a severe impact on political consciousness as a result of the adoption and revival of an imperial foreign policy by the U.S. under Trump, although the pragmatic use or neglect of international law in the management of global security preceded Trump, and can be traced back to 1945 when the winners of World War II became self-anointed as the architects of ‘a new world order,’ a role most prominently associated with the design and establishment of the United Nations.
It is notable that the UN Charter designated the Security Council as the only political organ of the new Organization that was provided with the legal authority to reach obligatory decisions binding on sovereign states. Most significantly it refused to allow international law or ensure democratic representation of the non-West to control outcomes in the Security Council in the face of opposition of even one of five winners of World War II given permanent representation while other member states were selected on a term basis. The role of international law was curtailed by according these five winners in 1945 not only permanent SC membership but more significantly a right of veto. This meant that if a breach of international law was to be dealt with even by a majority vote of 14-1, it would still fail, and have no legal effect if the lone dissenting vote was one the P5, which not only crippled the role of the SC in relation to geopolitical rivalry, as during the Cold War, but was highly undemocratic if evaluated from demographic perspectives. This absence of democracy also was present in the internal makeup of the P5 giving the US, France, and the UK great power status in the form of SC permanent membership and the veto, and excluding such Global South great powers as India, Indonesia, Nigeria, and Brazil, creating an everlasting Western dominance in the SC, including a right of each P5 member to block any effort to reform the SC because all amendments of the Charter were nullified unless the support of all five.
The net result of this extensive role of the SC in UN affairs has been to make the Organization submissive to the P5, and to confer geopolitical primacy with respect to the management of global security, including war prevention and resistance to genocide as well as subordinate to the strategic interests of the powerful rather than responsive to the regulative principles of law that should possess universal applicability, and governs the strong and weak alike.
It is a mistake to think that the whole enterprise of international law is failing. International law works effectively in any substantive setting in which there exists a mutual interest in its applicability. The routines of international life, including most commerce and trade relations, air and maritime safety, communications, tourism, and diplomatic representation are complied with because the logic of reciprocity is operative. This is not true in domains of behavior such as armed conflict in which differentials of hard power determine political outcomes and uphold strategic interests and reflect the ambitions of the powerful. In these latter contexts international law has long been marginalized by design leaving the management of global security to the discretion of the geopolitical actors for any given issue involving the implementation of international law as the disappointing UN response to the recent Gaza genocide illustrated.
2. **Do you believe that the era in which international law functioned as a normative framework capable of restraining state power is coming to an end?**
If so, what kind of alternative global order appears to be taking shape?
It is a fiction embraced by naïve legalists to suppose that international law ever controlled the management of global security or inhibited the strategic priorities of dominant states. There were eras of greater peacefulness when Great Powers acted prudently with respect to militarization and conflict resolution. The idea of a rule-governed international order applied selectively and within the limits set by those domains of international life where reciprocity prevailed, and differentials in power and wealth were minimized as in international trade and investment as compared to the colonial era.
The experience with nuclear weapons is illustrative of this pattern of marginalizing international law despite the risks of leaving the use of this apocalyptic weaponry of mass destruction entirely under the control of the most dangerous geopolitical actors. Rather than favoring denuclearization and disarmament, the same five winners in 1945 continued to leave this weaponry essentially unregulated except to the extent of seeking maximum control over the spread of the weapons to other states. The result has been costly arms races, dangerous crises, abetted by a scheme of deterrence + nonproliferation, with a resulting nuclear hegemony. If ever there was a basis for universal rule governance it was with respect to nuclear weaponry, but it could not overcome the ideology of ‘political realism’ that dominated the thinking of foreign policy elites of the major states, and was systemically opposed to accept any arrangements that restricted their hard power capabilities.
Whether this discouraging character of international relations will change in light of the Gaza Genocide, aggressive uses of forces, extreme violations of human rights, ecological instability is impossible to predict, although it seems unlikely in the present atmosphere. The antics of Trump’s narcissistic geopolitics are generating a tidal wave of anxiety about the human future, as well as bearing witness to the devastating consequences of unchecked lawlessness. We can only hope that civil society activism and more responsible political leadership will emerge to create a more viable international legal order than was framed in 1945.
3. **Based on your experience as the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, to what extent does this case illustrate the gap between the principles of international law and the political will of powerful states?**
What are the broader implications of this gap for the credibility of the international system?
There is no doubt that this gap between law and politics exists in relation to the management of global security, including war prevention, conflict resolution, genocide, apartheid, and ecocide. This should not confuse us about the reliance on compliance with international law by all sovereign states, including those most powerful, whether labeled as Great Powers or in the UN context as the five permanent members of the Security Council or P5. As suggested in my prior responses where the logic of reciprocity applies to the behavior of sovereign states, international law provides a stable and convenient basis for the myriad of interactions that make routine international interactions trustworthy. For the agenda of global security and strategic ambition the design of the UN itself recognized the lack of political will to close the gap between international law and its dependence for implementation on political will and capabilities, epitomized by the right of veto conferred upon the winners of World War II, arguably at the time the most dangerous political actors in the world.
At present, despite the widespread disappointment and tension arising from this gap, there is still the absence of political will among the leading geopolitical actors (U.S., Russia, and China) to close the gap. From a legal perspective, this gap is insulated from remedy by each of the P5 possessing an unrestricted right to veto any proposed amendment of the UN Charter. The most that can be realistically envisioned in the near future is more prudent or responsible behavior by these dominant geopolitical actors and by secondary geopolitical actors of limited geographic scope to restrict their lawlessness to the security agendas of. regional geopolitical configurations of power, although U.S. imperial geopolitics and Russian and Chinese spheres of influence geopolitics ensures that the harmful gap between what international law requires and what international politics determines will continue to cause immeasurable harm, especially to vulnerable peoples and nations, or states that have resources coveted by geopolitical actors.
4. **Some argue that international law has always been subordinate to politics rather than an independent constraint upon it.**
From your perspective, is the relationship between politics and international law inherently conflictual, or is there still room for a constructive and mutually reinforcing relationship?
To avoid confusion and repetition, please consider the relevance of my responses to earlier questions. In sum, with respect to all aspects of global security international law, in practice and design, has long been subordinated to politics, but only for regional and global political actors. And then only since the Peace of Westphalia in 1648 when Europe gave birth to a self-serving format for an international normative order that legitimated coercion in the course of colonizing projects in the Global South.
A deficient version of symbolic international law enforcement occurs at the conclusion of major wars ending in victory for one side. As in the aftermath of World War II the winners prosecuted the war crimes alleged to be committed by surviving German and Japanese individuals at Nuremberg and Tokyo, which critics persuasively derided as ‘victors’ justice.
As also suggested in previous responses, where reciprocal benefits result from compliance, international law has long provided a reliable framework guiding the behavior of individuals, corporations and financial institutions, and governments in many international interactions, although even here there are important subtle
encroachments by the rich and powerful on the rights of the poor that escape from the discipline of a legal order administered on the basis of equality of all
5. **At a time when powerful states increasingly disregard or actively undermine multilateral institutions such as the United Nations, the International Criminal Court, and the global human rights regime, how do you envision the future of multilateralism? **
There is little doubt that this is a bad time for internationalism, given global trends toward ultra-nationalism and xenophobia, which tend to devalue cooperative multinationalism. These trends are accentuated by the intense US hostility to internationalism given Trump’s diplomacy on behalf of the United States, which continues to be the most influential world state, although in danger of losing this status due to China’s continuing rising star. Early in 2026 the U.S. Government, by executive order, withdrew and stopped funding for no less that 66 international institutional arrangements, 31 of which were within the UN System.
The global scope of ecological challenges as well as the complexities of digital age communications, global migration flow, vulnerabilities to disease epidemics makes it likely that a new cycle of functional pressures will in the years ahead restore and even expand dependence upon multilateralism. This seems probable, although the signature reality of the present global setting is radical uncertainty, or put differently, the unknowability of the future.
6. **Can global civil society, academics, and human rights institutions play a meaningful role in restoring the legitimacy and effectiveness of international law, or are such efforts structurally constrained by the current global power configuration?**
In line with unknowability of the future, an initial response is to underscore unknowability, together with an awareness that there are many historical examples of surprising happenings in international life that were not anticipated by relevant experts or public opinion. Among notable recent examples is the victory of Vietnamese nationalism in opposing the militarily superior US intervention in the Vietnam War. Other important examples are the collapse of the Soviet Union, the peaceful transition of the apartheid regime in South Africa into a multiethnic constitutional democracy, and the Arab Spring attacking dictatorial rule in several Arab majority countries at least briefly. In light of this defining feature of unknowability, it is appropriate to struggle for a desirable future. This suggest that civil society activism is worth supporting as strongly as possible in the hope of both restoring and enhancing the role of legitimacy and withit, the effectiveness of international law in relation to global security and human rights priorities.
Of course, resistance from current geopolitical configurations, statism, and predatory capitalism is to be expected, and current prospects for a successful transformation of irresponsible patterns of geopolitics seem low, this may change over time in unpredictable ways. The struggle for law and justice is imperative, even without any assurance that it will be successful in the short term, but neither is it doomed to failure.
7. **Finally, what advice would you offer to the new generation of international lawyers and policymakers seeking to defend and advance international law in a world moving toward unilateralism, authoritarianism, and weakened global governance?**
My first advice would be directed at teachers and commentators on law and global politics to adopt a paradigm of international law pedagogy that emphasizes the importance of justice-driven law in relation to global security, human rights, and ecological policy agendas. My second advice would be to urge all students of international relations and law to be required to study international law within a framework that is less vocational and more humanistic as integral to engaged citizenship in democratic societies. This educational commitments needs to be supplemented by societal beliefs that such moral literacy is expect to be present in all phases of the professionalism of law, lawyers, and judges, as well as of foreign policy advisors.
This reorientation of pedagogy would also necessitate a prior critique of prevailing versions of ‘political realism’ that continue to dominate foreign policy decision-making, especially in the governments and ‘think tanks’ of geopolitical actors in a manner, which among elements would downgrade the historic agency of militarism. This would include studying the record of defeat of the militarily superior side in most anti-colonial wars since 1945. The link between international law and international legitimacy would also be stressed to make the key point that if international law is not implemented by governments and inter-governmental institutions it still legitimates civil society secondary enforcement capabilities in the form of solidarity initiatives and informal pressures by protests and boycotts, mounted to promote national and international sanctions.
[Prefatory Note: This post elaborates upon a lecture of mine on Janurary 26, 2026 at a webinar in a series convened and moderated by the Vietnam Peace Commemoration Committee, which has kept alive the relevance of the Vietnam experience to current struggles. The invitation to me proposed the topic of ‘World Order After Vietnam.’ In this modified text I devote attention to the relevance of world order after 1945, as well as the Vietnam War itself, and subsequent developments.
One point of clarification: We speak of the Vietnam War rather glibly, which glides over the crucial reality that tragic abuse of power is better understood as ‘America’s War in Vietnam.’ Having noted this, I will stick by the standard terminology for the sake of convenience.
Feedback is particularly welcome as I intend to work further on this theme.
I welcome this occasion to be at virtually together with comrades in the Vietnam anti-war movement, and grateful to John McAiliff & Doug Hofsteter for this invitation, as well as Chris Appy who heads the Ellsberg Initiative at the University of Massachusetts at Amherst for illuminating and lucid comments in his role as discussant. I had my doubts as to whether I could meet such a challenge. Part of my predicament in this talk recalled T.S. Eliot’s words to a NYC audience at the start of a poetry reading that I attended over 60 years ago: ‘I am reluctant to make any comments about my poems to an audience that knows more about them than I do.’ In that vein, I realize that there are many with us who have experienced the Vietnam and its aftermath with deeper experience and knowledge than I bring to this challenging topic.]
We are now living through a period of radical uncertainty with respect to the future of world order, an atmosphere agitated by the Gaza Genocide and Trumpism, the resurgence of geopolitical primacy and rivalry, prospects for radical modifications of modernity due to AI and related technological innovations, a transactional and narcissistic US leadership, a discredited and weakened UN coupled with the emergence of cooperative international frameworks, a divided US versus a resurgent China, and a threatening conflict reality that is stimulating increased military spending, new modes of warfare, danger of warfare fought with nuclear weapons. A time of world order transition or rupture, from the end of the Cold War & US dominated unipolarity to a yet unknown future—What does this Trump phenomenon and the Chinese rise portend for the human future?
I think a few brief bullet points on world order before Vietnam would be helpful in giving some background to both changes and continuities relative to world order after Vietnam:
–World Order after WWII was designed by the winners, which defeated hopes for a peace system restraining hard power militarism, in accord with the precepts of political realism that understand international history as largely the story of military superiority and economic inequality as expressed a favorite quote of hyper-realist through the ages, and recently by Henry Kissinger, and now Stephen Miller: “the weak do what they must, the strong do what they will.” Thucydides has been typically interpreted wrongly endorsing this cynical outlaw whereas more careful reading of the context of this adage suggests it is a prophetic warning that such Athenian corrupt behavior with respect to morality will lead to its downfall. The intention, contrary to the amorality of post-Machiavellian realism, was a counsel of moral self-constraint to those with power at a time when the prohibitions of international law did not yet exist.
–the design of the UN could have worked had the winners of World War II acted with moral and now legal self-restraint: permanent veto rights for the winners, criminal accountability for the losers at Nuremberg, Tokyo; it is true that international law seems never to have been intended to displace the geopolitical management of global security by the architects of world order after 1945, but neither was its existence denied; the hope then was that at least the liberal democracies of the West (US, UK, and France) and their allies, would voluntarily exhibit respect for the contemporary code of law and morality as embodied in the UN Charter, and thus comply with international law and morality without burdening the Organization with enforcement duties that would have required a superior military capability even in relation to nuclear superpowers, which would have caused a different set of problems that have been identified by criticisms of world federalism as the solution to peacebuilding challenges.
–In retrospect, we should realize that even the leadership of liberal democracies could not be trusted to comply with international law or observe moral values if in tension with the pursuit of strategic ambitions or the supposed requirements of national security. As a result, it is understandable to blame the leading members of the UN, and not the UN, for its disappointing performance in relation to global security, genocide and ecocide prevention, human rights generally, and peaceful resolution of international conflicts.
–Cold War excesses from the outset suggest wartime trust was dissipated even prior to the surrender of Germany and Japan: covert regime-changing interventions displacing elected leaders: Mosaddeq in Iran (1953); Arbenz in Guatemala (1954); political assassinations Lumumba, Castro Ché Guevera, attempts for both ideological and economic reasons; Soviet failure to hold elections in Eastern Europe and interventions to uphold the pro-Soviet status quo; see James Douglass, Martyrs to the Unspeakable: Assassinations of JFK, Malcolm, Martin, and RFK (2025) interpreting the corrupting impact of these violent killings on progressive politics in the US.
–death rattle of European colonialism but not delegitimized by the UN Charter or among conservative elite circles. The emergence of predatory globalization as legitimized by Clinton, Bush presidencies, neo-con influence favoring Huntington view of Cold War Islamic threat demonized as ‘terrorism’ and associated with Israel’s frontline struggle against suicide bombing reaching a climax in response to Hamas attack on October 7, 2023.
The Pedagogy of the Vietnam War
–Lessons learned by US foreign policy establishment (militarized bureaucracy; Think tanks)—avoid ground warfare & minimize US casualties, abolish the draft, manage media discourse; technological innovations; proxy war option (Ukraine: Biden-fight Russia by arming Uk & discouraging diplomatic compromise); pacify citizen activism; overcame ‘Vietnam Syndrome’ in Iraq War (1991)
–Peace Movement failures: sedated by the ‘Vietnam Syndrome into ‘game over’ delusions, overlooking systemic character of the partnering of militarism, nuclear hegemony, capitalism and political leaders’ short-termism
Major Developments in World Order Since the Vietnam War:
–Vital turning points: end of Cold War; 9/11, Al Qaeda, & Osama bin Laden; Great Terror War; Iraq War and occupation, 2003; rise of & rivalry with China; Ukraine War; Israel’s response to October 7; anti-woke, anti-immigrant politics in liberal West; Abraham Accords and geopolitical deference of Muslim-majority countries to US hegemony; reelection of Trump, 2024; inauguration of Zorhan Mamdani, 2026, ICE rampage, ecological and climate change neglect; global rise of authoritarianism, xenophobia and ultra-right nationalism; transformative technological innovations- AI, robotics, hybrid warfare.
–formal defeat of European colonialism, but not of colonial mentality, generating economic and security residual colonialism in Africa, imperial encroachments elsewhere
–US reliance on economic warfare, principally through sanctions broadly applied and political destabilization; the current Iran Protest Movement
–end of Cold War, Berlin Wall, the Gorbachev vision of a new world order & Russia’s decline, temporary withdrawal from geopolitical rivalry; neoliberal globalization and the deindustrialization of the US, heavy indebtedness, precarious finance-oriented hegemony through dollar after abandoning the gold standard;
–Samuel Huntington’s ‘Clash of Civilizations’ reliance on Israel to fight US proxy wars in the ME; Huntington’s ‘Clash of Civilization’ hypothesis- containing Islam rather than USSR and left ideologies; Israel given a free hand in the region, as well as with Palestine (liberal societies swallow severe legal/moral wrongs of apartheid, genocide, ecocide); containing Islam—Iran, Hezbollah, Syria, Muslim Brotherhood, Egyptian coup; Huntington validated by 9/11 attack, Taliban, ISIS, Hamas.
–US state-building ‘democratizing,’ containment p.us projects: Libya, Iraq (after 2003), Afghanistan, and now Venezuela; chaos, not democracy, state-destroying;
–The anti-apartheid campaign contra South African racism, UN support and global solidarity via boycotts, divestments, sanctions;
–The world order deficiencies as Israel intensifies repressive apartheid policies by recourse to Gaza genocide, with West Bank spillover; discrediting of UN as weak, geopolitically neutralized, and most shamefully, a unanimous endorser of the Trump Plan in the SC 1803 (Nov. 17, 2025), given approval by SG, formation of Board of Peace at World Economic Forum, 2025;
–US withdrawal from and hostility toward ‘internationalism’; started the year by withdrawing participation and funding from 66 international institutional arrangements-31 from within the UN System. These include the Climate Change Framework Convention, WHO, UNESCO; Board of Peace as shift toward what might be called ‘imperial internationalism;’
–Rise and spread of authoritarianism, decline of rule of law internal to the state, from the Orban model to the rightest recent victory in Chile (some friction, Brazil: Lula over Bolsonaro; Trumpism; hard borders; realignment prospects.
–US National Security Strategy 2025: Declaration of Imperial Internationalism
//Venezuelan attack
//US Western Hemisphere preeminence (challenging China’s trade and infrastructure diplomacy of mutual interests
//rejects liberal post-Cold War
What Prospects for New Order
–Spheres of Influence trilateralism
–Imperial Internationalism
–End of NATO and alliance diplomacy; hard and soft power transactionalism; Europe as marginalized; a new state-centric world order
–Rise of Regionalism and Civilizationalism (clash and alliance models)
–UN Reform or Collapse: a reset to moderate geopolitical influence, and restore confidence
–Functional Internationalism: cooperative global problem-solving mechanisms
–Polycentric Balance: Bandung-revived NAM; BRICS; Chinese Development Collective Framework
–Revolt against international payments system as tied to dollar: failure or success
–Extending US Imperialism: Venezuela, Greenland, Canada, Cuba, Iran; and reactions- European realignment, heightened geopolitical rivalry
–Important global challenges: climate change, ecological instabilities; heightened risk of major wars
–key national challenges: reviving democracy and human rights; demilitarization and domestic investment in infrastructures, restored respect for truth and rationality, internationalism, prudent geopolitics; more equitable distributions of wealth and income, defeating the economics and politics of inequality
Concluding Remarks
–a time of radical uncertainty and unparalleled complexity; humility about forecasting the future;
–present world order precarious, unjust, militarized
–nuclear hegemony as geopolitical core of managing global security
Richard Falk is an international law and international relations scholar who taught at Princeton University for forty years. Since 2002 he has lived in Santa Barbara, California, and taught at the local campus of the University of California in Global and International Studies and since 2005 chaired the Board of the Nuclear Age Peace Foundation. He initiated this blog partly in celebration of his 80th birthday.