International law

The following press statement was issued 13 February 2013 under the auspices of the UN Human Rights Council in my capacity as Special Rapporteur for Palestinian Territories Occupied since 1967. This nonviolent resistance to unlawful and abusive detention practices by Israel is a human rights outrage that should be the occasion of media attention and a worldwide outcry. I encourage all who can to exert pressure on Israel before these individuals die in captivity. They are currently reported to be in grave condition. Please use all social networking tools to alert contacts. ********************************** Press Statement – UN expert calls for the immediate release of three Palestinian detainees on hunger strike held by Israel without charges GENEVA (13 February 2013) – United Nations Special Rapporteur Richard Falk today called for the immediate release of three Palestinian detainees held without charges by Israel. Mr. Falk expressed deep concern for the fate of...

I took part last week in an illuminating conference on Syria sponsored by the new Center of Middle East Studies that is part of the Josef Korbel School of International Studies at the University of Denver. This Center has been recently established, and operates under the excellent leadership of Nader Hashemi and Danny Postel, who previously together edited the best collection of readings on the Green Revolution in Iran published under the title The People Reloaded. The conference brought together a mixture of Syrian specialists, Syrian activists, and several of us with a more general concern about conflict in the region, as well as with human rights and as participants in the heated debates of recent years about the virtues and vices of ‘humanitarian intervention’, what is now being called ‘Responsibility to Protect’ of ‘R2P’ in UN circles and among liberals. I came to the gathering with a rather strong...

I recently completed a mission to the Gaza Strip, entering by way of Egypt at the Rafah Crossing; as I am now in Doha attending the final days of the UN Climate Change negotiations, I have had no chance to write a post describing the moving and difficult circumstances that confront the people of Gaza, and the hopes and disappointments that followed the ceasefire that followed the Israeli onslaught; there are concerns about whether it will be fully implemented in accordance with expectations, and if not, whether events will move toward renewed cross-border violence. There are new hopes and complexities on two further fronts: the aftermath of Palestinian success in being confirmed as a non-member state by the General Assembly on November 29, and the new priority being accorded to reconciliation between the Palestinian Authority and Hamas. More than ever since Hamas assumed governing authority in June 2007, foreign leaders...

Text of my remarks delivered in Cairo at joint UN/Arab League ceremony marking the observance of the 2012 International Day of Solidarity with the Palestinian People, 29 Nov 2012, some 10 hours prior to the historic vote in the UN General Assembly. Your Excellency, Dr. Nabil Elaraby, Secretary General of the League of Arab States, H.E. Barakat Al Fara, H.E. Amre Dou Al Atta, Dr. Mohammad Gimi’a, Bishop Macos – Excellencies, Distinguished Guests, Ladies and Gentlemen: It is an exceptional honor and challenge to speak on such an occasion. We meet at a tense historical moment with heavy potential consequences for the Palestinian people and for the peoples and governments of the region. I along with many others throughout the world share Nelson Mandela’s view that the denial of Palestinian rights remains the “the greatest moral issue of our time.” This 2012 International Day of Solidarity with the People of...

The November 22 ceasefire between Israeli and Hamas forces is a huge relief for the civilian population on both sides—the primary victims of the conflict. But the Obama administration’s unconscionable decision the previous week to block a ceasefire effort by the UN Security Council not only resulted in additional civilian deaths but also serves as an indication that, despite the president owing his re-election to the hard work of his progressive base, his foreign policy will continue to lean to the right. The draft resolution blocked by the United States explicitly condemned all acts of terrorism and violence towards civilians, reaffirmed the right of all states to live in peace within secure and recognized borders, and called for an immediate and durable ceasefire. It reiterated that the Israeli-Palestinian conflict could only be resolved through peaceful means and called for an immediate resumption of a substantive bilateral negotiating process between Israel...

Democracy Now! interview November19, 2012

/10/jonathanpower2.jpg”> When it comes to creating a peace in Afghanistan sufficient for the US and NATO to pull their troops out with some degree of confidence in the country’s future stability history offers conflicting lessons. The mantra is that war-shattered states must be guided into a liberal democracy and a market-orientated economic system. Yet there is much evidence that the process of political and economic liberalization can sometimes do more harm than good in states that have just emerged from civil war. Liberalization doesn’t always foster peace. Both democracy and capitalism are built on a paradox – the notion that societal competition can limit inter-communal competition and dampen conflict.

On August 28, an Israeli court rejected a civil lawsuit against Israeli occupation forces for the 2003 murder of Rachel Corrie, a 23-year old American peace activist killed in the Gaza Strip, upholding a severely flawed internal Israeli military investigation. Amnesty International strongly condemned the decision, noting how “the verdict continues the pattern of impunity for Israeli military violations against civilians and human rights defenders in the Occupied Palestinian Territories (OPT). The verdict shields Israeli military personnel from accountability and ignores deep flaws in the Israeli military’s internal investigation of Corrie’s death.”

/10/jonathanpower2.jpg”> There can be no question that if President Bashar al-Assad of Syria falls the International Criminal Court will want to put him on trial for war crimes. The long arm of international law will reach him wherever he flees to. The ICC has an unblemished record in bringing to The Hague, the Court’s headquarters, the people they want. As the great heavyweight boxer, Joe Louis, once said, “You can run but you can’t hide”. This week a new term begins for the justices.

/10/jonathanpower2.jpg”> The vigour of the recent elections in Mexico suggests that despite the massive number of drug related killings Mexico is not yet a “mafia-state”. The government remains the primary source of both political power and economic patronage. The mafia king-pins can dominate a town here or there, intimidate a regional government and assassinate policemen and journalists. But this doesn’t make it a mafia state, as some commentators suggest. It is a state which is still in control of its own destiny and one which with some bold decisions can probably get on top of what is an intolerable surge of criminality.

/10/jonathanpower2.jpg”> The current belief of the government of Barack Obama is that there are two major fault lines in the world – one in the Middle East and one in the so-called “failing states”. “From Africa to Central Asia to the Pacific rim nearly 60 countries stand on the brink of conflict or collapse. These failed states are the perfect incubators for extremism and terror”, President Obama has said. But is this true? The evidence suggests it manifestly is not as a general case although obviously Al Qaeda’s operations in deeply troubled Afghanistan and Pakistan (which some say is heading towards becoming a failed state) suggest that there has been some truth in the assertion.

/10/jonathanpower2.jpg”> Last week as we watched Mitt Romney win the right to challenge Barack Obama in November’s general election the last thing that most people were thinking about were sea and oceans. Yet the last Republican president, George W. Bush, at this point in the electoral cycle announced that, if elected, he would move to ratify the UN’s Law of the Sea. He never did. But also last week Secretary of State Hillary Clinton flanked by the senior brass from the military announced that this Administration was immediately going to push Congress to vote for the long delayed ratification of the treaty. All the road blocks of the last thirty years since President Reagan decided to torpedo the treaty have been removed and Congress is poised to give the White House the green light on ratification.