Wikipedia - Benutzerbeiträge [de]

Advertising Standards Authority (Vereinigtes Königreich)

2009-07-15T12:33:43Z

Wikifan12345: /* Israel tourism advertisement */

[[Image:Advertising Standards Authority logo.svg|right|Advertising Standards Authority logo]]
The '''Advertising Standards Authority''' (ASA) is the self-regulatory organisation (SRO) of the [[advertising]] industry in the [[United Kingdom]]. The ASA is a non-statutory organisation and so cannot interpret or enforce [[legislation]]. However, its [[the CAP Code|code of advertising practice]]<ref>{{cite web |url=http://www.asa.org.uk/asa/about/|title= About the Advertising Standards Authority |accessdate=2008-10-10 }}</ref> broadly reflects legislation in many instances. The ASA is not funded by the [[Her Majesty's Government|British Government]], but by a levy on the advertising industry.

Its role is to "regulate the content of advertisements, sales promotions and direct marketing in the UK"<ref name="about ASA">{{cite web |url=http://www.asa.org.uk/asa/about/short_guide/|title= A short guide to what we do |accessdate=2008-10-10 }}</ref> by investigating "complaints made about ads, sales promotions or direct marketing"<ref name ="about ASA"/>, and deciding whether such advertising complies with its advertising standards codes. These codes stipulate that "before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove all claims, whether direct or implied, that are capable of objective substantiation"<ref>{{cite web |url=http://www.asa.org.uk/asa/codes/cap_code/ShowCode.htm?clause_id=1489|title= The CAP Code: substantiation rule |accessdate=2008-10-10 }}</ref> and that "no marketing communication should mislead, or be likely to mislead, by inaccuracy, ambiguity, exaggeration, omission or otherwise"<ref>{{cite web |url=http://www.asa.org.uk/asa/codes/cap_code/ShowCode.htm?clause_id=1502|title= The CAP Code: truthfulness rule |accessdate=2008-10-10 }}</ref>.

==History==
In 1961 the [[Advertising Association]] established the [[Committee of Advertising Practice]] (CAP) to draft the British Code of Advertising Practice (the [[the CAP Code|CAP Code]]). In 1962 the industry set up the Advertising Standards Authority (so named even though it is not a public authority in the usual sense) to adjudicate on complaints that advertisements had breached the new Code. The ASA operated under an independent chairman who was to have no vested interest within the industry.

Not long after the inception of the ASA the Molony Committee considered but rejected proposals to introduce a system to regulate the advertising industry by statute. The Committee reported that it was satisfied that the industry could be regulated effectively from within by the ASA. A guarded comment within the report, however, warned that the self-regulatory system depended upon the satisfactory working of the ASA and the maintaining of acceptable standards. <ref name="History of ASA"> [http://www.asa.org.uk/asa/about/history "History of Ad Regulation"] Information on the history of advertising regulation on the ASA website </ref>

==Funding==
The ASA is funded by voluntary levies on advertising costs, raised by two organisations that allow the ASA to operate at arm's length from the industry by ensuring that the ASA does not know which advertisers have contributed.

An organisation called [[ASBOF]] collects a 0.1% levy on the advertising costs of non-broadcast advertisements and a 0.2% levy on [[Mailsort]] contracts from direct mailers. <ref name="ASA Funding"> [http://www.cap.org.uk/cap/about/cap_non_broadcast "CAP Non Broadcast Overview"] Information on CAP & ASA including how the ASA is funded </ref>

A separate organisation called [[BASBOF]] collects money from broadcast advertisers (those on [[Television|TV]] and [[radio]]). BASBOF works in a similar fashion to ASBOF and collects a voluntary 0.1% levy on broadcast advertising costs. Under the terms of an agreement with the regulator [[Ofcom]], BASBOF must continually demonstrate that it can provide adequate funding for the ASA, since Ofcom has stipulated that it will not subsidise any shortfall in funding. <ref name="Broadcast ASA Funding"> [http://www.ofcom.org.uk/consult/condocs/reg_broad_ad/update/mou/section6/ "Ofcom Broadcast Regulations Consultation"] Information on who will fund the ASA's broadcast arm </ref>

==Remit==
===Printed media===
Typically, advertisements that fall in paid-for spaces in [[newspapers]] (both national and regional) and [[magazine]]s published in the United Kingdom fall within the remit of the ASA. (This category covers reciprocal arrangements not involving actual payments of money.) [[Advertorial]]s are also within the ASA's remit as long as a reciprocal arrangement of some kind is in place and control over the content of the advertorial lies with the advertiser. If the editor of the publication maintains control over the advertorial, however, the piece is likely to be seen as [[editorial]] rather than advertising.

===Broadcast media===
In November 2004 control of the regulation of broadcast advertising, formerly undertaken by state bodies, was handed over to the ASA on a provisional two-year contract. [[Sponsorship Credits]] are considered to be part of programming content and therefore fall outside the ASA's remit. Claims on [[shopping channel]]s can generally be considered by the ASA, but complaints about non-delivery of items are unlikely to be taken up by the ASA unless there is evidence that the shopping channel has misled people or that the non-delivery is a widespread problem.

===Direct marketing===
[[Direct Marketing|Direct mailings]], [[Flyer (pamphlet)|circulars]], [[Pamphlet|leaflets]], [[E-mail spam|unsolicited emails]], [[brochure]]s and [[mail-order catalog|catalogues]] are all typically within the ASA's remit. Items such as [[timetable]]s and price lists are, however, usually outside its remit. Private correspondence, such as a doctor's letter or a [[Bill (payment)|bill]], is also outside its remit, though a leaflet included with the private correspondence would be covered if it promotes a new or different product.

===Internet===
Claims on a company's own [[website]] are generally outside the ASA's remit, but the ASA can typically consider claims that appear in paid-for spaces on the Internet, including [[Pop-up ad|pop up ads]], [[Web banner|banner ads]] and sponsored links. The non-geographical nature of the Internet can make it hard to determine whether the ASA's remit applies. Online sales promotions (see below) are within the ASA's remit as long as they appear in "British web space".

===Sales promotions===
The [[Institute of Sales Promotion]] (ISP), working to the same Code as the ASA does, can refer complaints to the ASA when it believes that there has been a breach of the rules on sales promotions rules. There has been no clear definition of what a sales promotion is for the purpose of the Code, but examples include:
* [[Buy one, get one free|Buy One Get One Free]] (BOGOF) offers
* 25% extra free offers
* [[Discount]]ed purchase offers
* [[Loyalty program|loyalty reward schemes]], such as [[Air Miles]]
* [[Scratchcard|Scratch Cards]], [[Lottery|Lotteries]], [[Sweepstakes|Prize Draws]].

Not all offers that give the consumer something free with a particular purchase may be considered sales promotion. For example, a [[mobile phone]] deal that offers a free [[Bluetooth]] headset may be considered as part of a package deal rather than a sales promotion.

===Time limit===
The ASA typically considers only advertisements that have appeared within the previous three months, although there are some exceptions to this rule, namely in cases where it was not possible for the complainant to know that the advertisement was misleading at the time it appeared, such as an advertisement for a long-term [[investment]].

==Complaints procedure==
===How to complain===
Complaints can be made to the ASA in a variety of ways:
* by telephoning the ASA on (020) 7492 2222
* by [[fax]]ing the ASA on (020) 7242 3696
* by contacting the ASA at new.complaints@asa.org.uk
* by writing to the ASA at the postal address on its website
* by completing the online complaints form on the website.

===Data protection===
The ASA needs the full name and address of the complainant in order to ensure that the complaint is legitimate. These details are never disclosed without the complainant's permission, in accordance with the [[Data Protection Act 1984|Data Protection Act 1998]]. The only cases where the ASA might ask the complainant for their permission to be named relate to complaints that a consumer has not yet received goods or wishes to be removed from a marketer's database. Even in these cases the ASA can reveal details only with the express permission of the complainant.

If the complaint comes from a competitor or someone with a trade or vested interest with the advertiser about which they are complaining, the ASA requires the company to agree to be named. This, according to the ASA, limits the number of petty or retaliatory complaints. The ASA proceeds only with the express permission of the complainant for their organisation to be named.

===Investigations===
The ASA begins an investigation by contacting the advertiser for its views on the advertisement and, where appropriate, substantiation of claims made in it. The ASA may on occasion seek advice from industry experts on more complex issues.

Once the investigation is complete, a draft recommendation is sent to both the advertiser and the original complainant for any comments. The draft recommendation is then submitted to the the independent Advertising Standards Authority Council, which adjudicates on ASA investigations. The ASA Council then discusses the complaint and the draft recommendation, and votes on whether to uphold the complaint or not. The adjudication in full is subsequently posted on the ASA's website, and made available to the press and the general public.

===Appeals procedure===
If there are grounds for an appeal against an adjudication , the case is reviewed by the Independent Reviewer.

A request for an independent review must be made within 21 days of the adjudication, and in writing direct to the independent reviewer, stating the grounds for appeal. Only the advertiser or the original complainant may request an appeal.

There are two grounds upon which an appeal can be lodged:
* where additional evidence has come to light. If it is the advertiser that has brought additional evidence to bear, it must provide an explanation as to why the evidence was not available during the investigation.
* where there has been a substantial flaw in either the ASA Council's adjudication or the investigation process.

The Independent Reviewer's decision as to whether or not to accept an appeal is final. Similarly, the ASA Council's adjudication on a reviewed case is also final.

==Sanctions==
===Bad publicity===
The ASA publishes weekly adjudications on its website every Wednesday.

===Copy Advice===
The ASA can order advertisers not to advertise unless the CAP Copy Advice team has seen the advertisement first and allowed the advertisement to go ahead. For example, the ASA told [[French Connection (clothing)|French Connection UK Ltd]], which makes the FCUK branded clothing, to have all its advertisements pre-vetted by the CAP Copy Advice team.

===CAP Compliance Team===
The CAP Compliance Team is the enforcement arm of the ASA and CAP. The Compliance Team works to ensure that advertisers remove their problematic claims. The Compliance Team does not report back to complainants, nor does it publish the results of its work. However, part of its work does involve contacting media owners and telling them not to take any advertisements from problematic advertisers until the CAP Copy Advice team has pre-vetted the advertisements.

===Office of Fair Trading===
The [[Office of Fair Trading]] (OFT) has powers to fine companies and bring legal actions against them. If the ASA has trouble with a repeat offender, it can refer the matter to the OFT under the Control of Misleading Advertisements Regulations 1988.

===Ofcom===
The ASA can also refer problematic broadcast advertisers to [[Ofcom]]. Broadcasters have ultimate responsibility for advertisements shown on their channels and are therefore directly answerable to Ofcom, their licensing authority. Ofcom has powers to fine and/or revoke licences. For example, following more than 1,000 complaints to the ASA about the [[shopping channel]] [[Auction World.tv]], the ASA referred the matter to Ofcom, which found the company in breach of its licence and fined it. Auction World.tv ended up in [[administration (insolvency)|administration]] and went out of business.

== Noteworthy rulings ==
===Thepool.com===
In an unusual step, the former chairman of the ASA, Lord Borrie Q.C., requested that advertisements for an online gambling company, thepool.com, be removed immediately pending investigation following a complaint from a member of the public. The advertisements were deemed to have breached strict ASA rules on advertising gambling to under 18s. One of the advertisements asked "Did you know it is legal to gamble at 16?" and featured the number '15' in a crossed-out sign. The ASA took a very dim view of this attempt to circumvent its Code and upheld the complaint, telling the company not to repeat the approach.

===Atheist Bus Campaign===
{{main|Atheist Bus Campaign}}
On Wednesday 21st January 2009 the ASA ruled that a controversial atheist ad campaign, which sparked the ire of Christian groups for proclaiming "There is probably no God", did not break its code.Religious groups including Christian Voice complained to the Advertising Standards Authority arguing that the Atheist Bus Campaign, which ran on buses with the strapline "There is probably no God. Now stop worrying and enjoy your life", broke the advertising code on the grounds of substantiation and truthfulness.

The ASA, which said that some of the complaints were that the ad was offensive and derogatory to people of faith, faced the prospect of having to decide if God existed in order to rule on Christian Voice's complaint.

However, the watchdog said today that the British Humanist Association's campaign did not breach the advertising code or mislead consumers and that it therefore would not launch an investigation.

"The ASA council concluded that the ad was an expression of the advertiser's opinion and that the claims in it were not capable of objective substantiation," said the ASA. "Although the ASA acknowledges that the content of the ad would be at odds with the beliefs of many, it concluded that it was unlikely to mislead or to cause serious or widespread offence."<ref name="ASArulesonAd">{{cite web|url=http://www.asa.org.uk/asa/news/news/2009/Atheist+bus+ad+campaign+not+in+breach+of+advertising+code.htm|title=Atheist bus ad campaign is not in breach of the Advertising Code |date=2009-01-21|publisher=ASA|accessdate=2009-01-21}}</ref><ref name="BBC ASA ruling">{{cite web|url=http://news.bbc.co.uk/1/hi/uk/7842769.stm|title=Atheist ads 'not breaking code'|date=2009-01-21|publisher=[[BBC]]|accessdate=2009-01-21}}</ref>

===Israel tourism advertisement===

ASU reportedly banned an [[Israeli]] tourism poster following public complaints. Many complained about how the map on the poster displayed the [[West Bank]], [[Gaza Strip]], and the [[Golan Heights]] as part of Israeli proper. [[Palestine Solidarity Campaign]] and [[Jews for Justice for Palestinians]] were said to have complained about the tourism advertisement. The [[Tourism Minister of Israel|Israeli tourism ministry]] responded to the criticism, saying the map was a "a general schematic tourism and travel map" and was not meant to be a political statement.<ref>http://www.jpost.com/servlet/Satellite?pagename=JPost/JPArticle/ShowFull&cid=1246443814778 'UK watchdog bans Israeli tourism ad'</ref><ref>http://www.guardian.co.uk/media/2009/jul/15/asa-israel-tourism-poster# Israeli tourism posters banned by watchdog over controversial map</ref>

===Other rulings===
* [[Apple, Inc.]]'s claim to be selling "the world's fastest personal computer" in 2004, its Power Mac G5 system, were judged to be unsubstantiated. The complaints against two other claims made in advertising for the product were not upheld.<ref>
{{cite web
|url=http://www.asa.org.uk/asa/adjudications/non_broadcast/Adjudication+Details.htm?Adjudication_id=38051
|title=ASA Non-broadcast Adjudication: Apple Computer UK Ltd
|date=2004-06-09
|publisher=ASA
|accessdate=2008-10-27}}
</ref> Later in August 2008, an advertisement for the company's [[iPhone]] was banned because of false claims that it could access "all of the Internet" (when it actually cannot due to lack of support for major plugins such as [[Java (programming language)|Java]] and [[Adobe Flash]]).<ref name="asaiphoneban">{{cite web|url=http://www.tomshardware.co.uk/iPhone-ad-UK-ASA,news-29046.html|title=UK iPhone Ad Banned for False Advertising |date=August 29th, 2008|accessdate=2008-12-03}}</ref>
* [[Microsoft]]'s ''[[Get the facts]]'' campaign was [[bias]]ed.<ref>
{{cite web
|url=http://www.asa.org.uk/asa/adjudications/non_broadcast/Adjudication+Details.htm?Adjudication_id=38475
|title=ASA Non-broadcast Adjudication: Microsoft Ltd
|date=2004-08-25
|publisher=ASA
|accessdate=2008-10-27}}
</ref>
* [[Nestlé]]’s claim that it markets [[infant formula]] “ethically and responsibly” was found to be unsupported in the face of evidence provided by the campaigning group Baby Milk Action.<ref name="Ferriman_1999">
{{cite journal
|last = Ferriman
|first = Annabel
|title= Advertising Standards Authority finds against Nestlé
|journal=BMJ
|date = 13 February 1999
|year=1999
|pages= 318:417
|url= http://www.bmj.com/cgi/content/full/318/7181/417/a
|pmid= 9974443
|doi= 10.1542/peds.2004-2491
|volume= 115}}
</ref> See also [[Nestlé boycott]].
* [[L'Oréal]]'s claims in a [[mascara]] advertisement featuring actress [[Penélope Cruz]] "exaggerated the effect that could be achieved by using the mascara on natural lashes".<ref>
{{cite news
|url=http://www.reuters.com/article/lifestyleMolt/idUSL2583702620070725
|title=L'Oreal rapped over Penelope Cruz mascara ads
|date=2007-07-25
|publisher=[[Reuters]]
|accessdate=2008-10-27}}
</ref>

==See also==
* [[Advertising regulation]]
* [[Advertising to children]]
* [[Ofcom]], the British telecommunications and broadcasting regulator
* [[Press Complaints Commission]]
* [[Clearcast]], pre-approval for most British television advertising

==References==
{{Reflist}}

==External links==
* [http://www.asa.org.uk Advertising Standards Authority]

[[Category:British media]]
[[Category:Media complaints authorities]]
[[Category:Advertising organizations]]

Advertising Standards Authority (Vereinigtes Königreich)

2009-07-15T11:47:35Z

Wikifan12345: /* Noteworthy rulings */ new section

[[Image:Advertising Standards Authority logo.svg|right|Advertising Standards Authority logo]]
The '''Advertising Standards Authority''' (ASA) is the self-regulatory organisation (SRO) of the [[advertising]] industry in the [[United Kingdom]]. The ASA is a non-statutory organisation and so cannot interpret or enforce [[legislation]]. However, its [[the CAP Code|code of advertising practice]]<ref>{{cite web |url=http://www.asa.org.uk/asa/about/|title= About the Advertising Standards Authority |accessdate=2008-10-10 }}</ref> broadly reflects legislation in many instances. The ASA is not funded by the [[Her Majesty's Government|British Government]], but by a levy on the advertising industry.

Its role is to "regulate the content of advertisements, sales promotions and direct marketing in the UK"<ref name="about ASA">{{cite web |url=http://www.asa.org.uk/asa/about/short_guide/|title= A short guide to what we do |accessdate=2008-10-10 }}</ref> by investigating "complaints made about ads, sales promotions or direct marketing"<ref name ="about ASA"/>, and deciding whether such advertising complies with its advertising standards codes. These codes stipulate that "before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove all claims, whether direct or implied, that are capable of objective substantiation"<ref>{{cite web |url=http://www.asa.org.uk/asa/codes/cap_code/ShowCode.htm?clause_id=1489|title= The CAP Code: substantiation rule |accessdate=2008-10-10 }}</ref> and that "no marketing communication should mislead, or be likely to mislead, by inaccuracy, ambiguity, exaggeration, omission or otherwise"<ref>{{cite web |url=http://www.asa.org.uk/asa/codes/cap_code/ShowCode.htm?clause_id=1502|title= The CAP Code: truthfulness rule |accessdate=2008-10-10 }}</ref>.

==History==
In 1961 the [[Advertising Association]] established the [[Committee of Advertising Practice]] (CAP) to draft the British Code of Advertising Practice (the [[the CAP Code|CAP Code]]). In 1962 the industry set up the Advertising Standards Authority (so named even though it is not a public authority in the usual sense) to adjudicate on complaints that advertisements had breached the new Code. The ASA operated under an independent chairman who was to have no vested interest within the industry.

Not long after the inception of the ASA the Molony Committee considered but rejected proposals to introduce a system to regulate the advertising industry by statute. The Committee reported that it was satisfied that the industry could be regulated effectively from within by the ASA. A guarded comment within the report, however, warned that the self-regulatory system depended upon the satisfactory working of the ASA and the maintaining of acceptable standards. <ref name="History of ASA"> [http://www.asa.org.uk/asa/about/history "History of Ad Regulation"] Information on the history of advertising regulation on the ASA website </ref>

==Funding==
The ASA is funded by voluntary levies on advertising costs, raised by two organisations that allow the ASA to operate at arm's length from the industry by ensuring that the ASA does not know which advertisers have contributed.

An organisation called [[ASBOF]] collects a 0.1% levy on the advertising costs of non-broadcast advertisements and a 0.2% levy on [[Mailsort]] contracts from direct mailers. <ref name="ASA Funding"> [http://www.cap.org.uk/cap/about/cap_non_broadcast "CAP Non Broadcast Overview"] Information on CAP & ASA including how the ASA is funded </ref>

A separate organisation called [[BASBOF]] collects money from broadcast advertisers (those on [[Television|TV]] and [[radio]]). BASBOF works in a similar fashion to ASBOF and collects a voluntary 0.1% levy on broadcast advertising costs. Under the terms of an agreement with the regulator [[Ofcom]], BASBOF must continually demonstrate that it can provide adequate funding for the ASA, since Ofcom has stipulated that it will not subsidise any shortfall in funding. <ref name="Broadcast ASA Funding"> [http://www.ofcom.org.uk/consult/condocs/reg_broad_ad/update/mou/section6/ "Ofcom Broadcast Regulations Consultation"] Information on who will fund the ASA's broadcast arm </ref>

==Remit==
===Printed media===
Typically, advertisements that fall in paid-for spaces in [[newspapers]] (both national and regional) and [[magazine]]s published in the United Kingdom fall within the remit of the ASA. (This category covers reciprocal arrangements not involving actual payments of money.) [[Advertorial]]s are also within the ASA's remit as long as a reciprocal arrangement of some kind is in place and control over the content of the advertorial lies with the advertiser. If the editor of the publication maintains control over the advertorial, however, the piece is likely to be seen as [[editorial]] rather than advertising.

===Broadcast media===
In November 2004 control of the regulation of broadcast advertising, formerly undertaken by state bodies, was handed over to the ASA on a provisional two-year contract. [[Sponsorship Credits]] are considered to be part of programming content and therefore fall outside the ASA's remit. Claims on [[shopping channel]]s can generally be considered by the ASA, but complaints about non-delivery of items are unlikely to be taken up by the ASA unless there is evidence that the shopping channel has misled people or that the non-delivery is a widespread problem.

===Direct marketing===
[[Direct Marketing|Direct mailings]], [[Flyer (pamphlet)|circulars]], [[Pamphlet|leaflets]], [[E-mail spam|unsolicited emails]], [[brochure]]s and [[mail-order catalog|catalogues]] are all typically within the ASA's remit. Items such as [[timetable]]s and price lists are, however, usually outside its remit. Private correspondence, such as a doctor's letter or a [[Bill (payment)|bill]], is also outside its remit, though a leaflet included with the private correspondence would be covered if it promotes a new or different product.

===Internet===
Claims on a company's own [[website]] are generally outside the ASA's remit, but the ASA can typically consider claims that appear in paid-for spaces on the Internet, including [[Pop-up ad|pop up ads]], [[Web banner|banner ads]] and sponsored links. The non-geographical nature of the Internet can make it hard to determine whether the ASA's remit applies. Online sales promotions (see below) are within the ASA's remit as long as they appear in "British web space".

===Sales promotions===
The [[Institute of Sales Promotion]] (ISP), working to the same Code as the ASA does, can refer complaints to the ASA when it believes that there has been a breach of the rules on sales promotions rules. There has been no clear definition of what a sales promotion is for the purpose of the Code, but examples include:
* [[Buy one, get one free|Buy One Get One Free]] (BOGOF) offers
* 25% extra free offers
* [[Discount]]ed purchase offers
* [[Loyalty program|loyalty reward schemes]], such as [[Air Miles]]
* [[Scratchcard|Scratch Cards]], [[Lottery|Lotteries]], [[Sweepstakes|Prize Draws]].

Not all offers that give the consumer something free with a particular purchase may be considered sales promotion. For example, a [[mobile phone]] deal that offers a free [[Bluetooth]] headset may be considered as part of a package deal rather than a sales promotion.

===Time limit===
The ASA typically considers only advertisements that have appeared within the previous three months, although there are some exceptions to this rule, namely in cases where it was not possible for the complainant to know that the advertisement was misleading at the time it appeared, such as an advertisement for a long-term [[investment]].

==Complaints procedure==
===How to complain===
Complaints can be made to the ASA in a variety of ways:
* by telephoning the ASA on (020) 7492 2222
* by [[fax]]ing the ASA on (020) 7242 3696
* by contacting the ASA at new.complaints@asa.org.uk
* by writing to the ASA at the postal address on its website
* by completing the online complaints form on the website.

===Data protection===
The ASA needs the full name and address of the complainant in order to ensure that the complaint is legitimate. These details are never disclosed without the complainant's permission, in accordance with the [[Data Protection Act 1984|Data Protection Act 1998]]. The only cases where the ASA might ask the complainant for their permission to be named relate to complaints that a consumer has not yet received goods or wishes to be removed from a marketer's database. Even in these cases the ASA can reveal details only with the express permission of the complainant.

If the complaint comes from a competitor or someone with a trade or vested interest with the advertiser about which they are complaining, the ASA requires the company to agree to be named. This, according to the ASA, limits the number of petty or retaliatory complaints. The ASA proceeds only with the express permission of the complainant for their organisation to be named.

===Investigations===
The ASA begins an investigation by contacting the advertiser for its views on the advertisement and, where appropriate, substantiation of claims made in it. The ASA may on occasion seek advice from industry experts on more complex issues.

Once the investigation is complete, a draft recommendation is sent to both the advertiser and the original complainant for any comments. The draft recommendation is then submitted to the the independent Advertising Standards Authority Council, which adjudicates on ASA investigations. The ASA Council then discusses the complaint and the draft recommendation, and votes on whether to uphold the complaint or not. The adjudication in full is subsequently posted on the ASA's website, and made available to the press and the general public.

===Appeals procedure===
If there are grounds for an appeal against an adjudication , the case is reviewed by the Independent Reviewer.

A request for an independent review must be made within 21 days of the adjudication, and in writing direct to the independent reviewer, stating the grounds for appeal. Only the advertiser or the original complainant may request an appeal.

There are two grounds upon which an appeal can be lodged:
* where additional evidence has come to light. If it is the advertiser that has brought additional evidence to bear, it must provide an explanation as to why the evidence was not available during the investigation.
* where there has been a substantial flaw in either the ASA Council's adjudication or the investigation process.

The Independent Reviewer's decision as to whether or not to accept an appeal is final. Similarly, the ASA Council's adjudication on a reviewed case is also final.

==Sanctions==
===Bad publicity===
The ASA publishes weekly adjudications on its website every Wednesday.

===Copy Advice===
The ASA can order advertisers not to advertise unless the CAP Copy Advice team has seen the advertisement first and allowed the advertisement to go ahead. For example, the ASA told [[French Connection (clothing)|French Connection UK Ltd]], which makes the FCUK branded clothing, to have all its advertisements pre-vetted by the CAP Copy Advice team.

===CAP Compliance Team===
The CAP Compliance Team is the enforcement arm of the ASA and CAP. The Compliance Team works to ensure that advertisers remove their problematic claims. The Compliance Team does not report back to complainants, nor does it publish the results of its work. However, part of its work does involve contacting media owners and telling them not to take any advertisements from problematic advertisers until the CAP Copy Advice team has pre-vetted the advertisements.

===Office of Fair Trading===
The [[Office of Fair Trading]] (OFT) has powers to fine companies and bring legal actions against them. If the ASA has trouble with a repeat offender, it can refer the matter to the OFT under the Control of Misleading Advertisements Regulations 1988.

===Ofcom===
The ASA can also refer problematic broadcast advertisers to [[Ofcom]]. Broadcasters have ultimate responsibility for advertisements shown on their channels and are therefore directly answerable to Ofcom, their licensing authority. Ofcom has powers to fine and/or revoke licences. For example, following more than 1,000 complaints to the ASA about the [[shopping channel]] [[Auction World.tv]], the ASA referred the matter to Ofcom, which found the company in breach of its licence and fined it. Auction World.tv ended up in [[administration (insolvency)|administration]] and went out of business.

== Noteworthy rulings ==
===Thepool.com===
In an unusual step, the former chairman of the ASA, Lord Borrie Q.C., requested that advertisements for an online gambling company, thepool.com, be removed immediately pending investigation following a complaint from a member of the public. The advertisements were deemed to have breached strict ASA rules on advertising gambling to under 18s. One of the advertisements asked "Did you know it is legal to gamble at 16?" and featured the number '15' in a crossed-out sign. The ASA took a very dim view of this attempt to circumvent its Code and upheld the complaint, telling the company not to repeat the approach.

===Atheist Bus Campaign===
{{main|Atheist Bus Campaign}}
On Wednesday 21st January 2009 the ASA ruled that a controversial atheist ad campaign, which sparked the ire of Christian groups for proclaiming "There is probably no God", did not break its code.Religious groups including Christian Voice complained to the Advertising Standards Authority arguing that the Atheist Bus Campaign, which ran on buses with the strapline "There is probably no God. Now stop worrying and enjoy your life", broke the advertising code on the grounds of substantiation and truthfulness.

The ASA, which said that some of the complaints were that the ad was offensive and derogatory to people of faith, faced the prospect of having to decide if God existed in order to rule on Christian Voice's complaint.

However, the watchdog said today that the British Humanist Association's campaign did not breach the advertising code or mislead consumers and that it therefore would not launch an investigation.

"The ASA council concluded that the ad was an expression of the advertiser's opinion and that the claims in it were not capable of objective substantiation," said the ASA. "Although the ASA acknowledges that the content of the ad would be at odds with the beliefs of many, it concluded that it was unlikely to mislead or to cause serious or widespread offence."<ref name="ASArulesonAd">{{cite web|url=http://www.asa.org.uk/asa/news/news/2009/Atheist+bus+ad+campaign+not+in+breach+of+advertising+code.htm|title=Atheist bus ad campaign is not in breach of the Advertising Code |date=2009-01-21|publisher=ASA|accessdate=2009-01-21}}</ref><ref name="BBC ASA ruling">{{cite web|url=http://news.bbc.co.uk/1/hi/uk/7842769.stm|title=Atheist ads 'not breaking code'|date=2009-01-21|publisher=[[BBC]]|accessdate=2009-01-21}}</ref>

===Israel tourism advertisement===

ASU reportedly banned an [[Israeli]] tourism poster following public complaints. Many complained about how the map on the poster displayed the [[West Bank]], [[Gaza Strip]], and the [[Golan Heights]] as part of Israeli proper. [[Palestine Solidarity Campaign]] and [[Jews for Justice for Palestinians]] were said to have complained about the tourism advertisement. The [[Tourism Minister of Israel|Israeli tourism ministry]] responded to the criticism, saying the map was a "a general schematic tourism and travel map" and was not meant to be a political statement.<ref>http://www.jpost.com/servlet/Satellite?pagename=JPost/JPArticle/ShowFull&cid=1246443814778 'UK watchdog bans Israeli tourism ad'</ref><ref>http://www.guardian.co.uk/media/2009/jul/15/asa-israel-tourism-poster# Israeli tourism posters banned by watchdog over controversial map</ref>
Palestine Solidarity Campaign and Jews for Justice for Palestinians
===Other rulings===
* [[Apple, Inc.]]'s claim to be selling "the world's fastest personal computer" in 2004, its Power Mac G5 system, were judged to be unsubstantiated. The complaints against two other claims made in advertising for the product were not upheld.<ref>
{{cite web
|url=http://www.asa.org.uk/asa/adjudications/non_broadcast/Adjudication+Details.htm?Adjudication_id=38051
|title=ASA Non-broadcast Adjudication: Apple Computer UK Ltd
|date=2004-06-09
|publisher=ASA
|accessdate=2008-10-27}}
</ref> Later in August 2008, an advertisement for the company's [[iPhone]] was banned because of false claims that it could access "all of the Internet" (when it actually cannot due to lack of support for major plugins such as [[Java (programming language)|Java]] and [[Adobe Flash]]).<ref name="asaiphoneban">{{cite web|url=http://www.tomshardware.co.uk/iPhone-ad-UK-ASA,news-29046.html|title=UK iPhone Ad Banned for False Advertising |date=August 29th, 2008|accessdate=2008-12-03}}</ref>
* [[Microsoft]]'s ''[[Get the facts]]'' campaign was [[bias]]ed.<ref>
{{cite web
|url=http://www.asa.org.uk/asa/adjudications/non_broadcast/Adjudication+Details.htm?Adjudication_id=38475
|title=ASA Non-broadcast Adjudication: Microsoft Ltd
|date=2004-08-25
|publisher=ASA
|accessdate=2008-10-27}}
</ref>
* [[Nestlé]]’s claim that it markets [[infant formula]] “ethically and responsibly” was found to be unsupported in the face of evidence provided by the campaigning group Baby Milk Action.<ref name="Ferriman_1999">
{{cite journal
|last = Ferriman
|first = Annabel
|title= Advertising Standards Authority finds against Nestlé
|journal=BMJ
|date = 13 February 1999
|year=1999
|pages= 318:417
|url= http://www.bmj.com/cgi/content/full/318/7181/417/a
|pmid= 9974443
|doi= 10.1542/peds.2004-2491
|volume= 115}}
</ref> See also [[Nestlé boycott]].
* [[L'Oréal]]'s claims in a [[mascara]] advertisement featuring actress [[Penélope Cruz]] "exaggerated the effect that could be achieved by using the mascara on natural lashes".<ref>
{{cite news
|url=http://www.reuters.com/article/lifestyleMolt/idUSL2583702620070725
|title=L'Oreal rapped over Penelope Cruz mascara ads
|date=2007-07-25
|publisher=[[Reuters]]
|accessdate=2008-10-27}}
</ref>

==See also==
* [[Advertising regulation]]
* [[Advertising to children]]
* [[Ofcom]], the British telecommunications and broadcasting regulator
* [[Press Complaints Commission]]
* [[Clearcast]], pre-approval for most British television advertising

==References==
{{Reflist}}

==External links==
* [http://www.asa.org.uk Advertising Standards Authority]

[[Category:British media]]
[[Category:Media complaints authorities]]
[[Category:Advertising organizations]]

Richard A. Falk

2009-07-01T02:07:38Z

Wikifan12345: /* Other issues */ other issues - unjustified euphemism.

'''Richard Anderson Falk''' (born 1930) is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].

==Life and work==

Falk described his family background as "assimilationist Jewish with a virtual denial of even the ethnic side of Jewishness."<ref>Griffiths, Martin. Fifty Key Thinkers In International Relations. Routledge, 1999. (Page 119)</ref> and more recently has described himself as "...an American Jew..."<ref name="Slouching">Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

During 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

==United Nations Human Rights Inquiry Commission for the Palestinian territories==

In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

==United Nations Special Rapporteur on Palestinian human rights==

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

===Response to appointment===

According to a UN press release, then [[Israel]]i H.E. permanent resident Ambassador to the United Nations Itzhak Levanon<ref>[http://www.eyeontheun.org/assets/attachments/documents/4835_Israel_on_OPT_at_HRC.pdf Statement by H.E. permanent resident Ambassador to the United Nations Itzhak Levanon, March 22, 2007]</ref> said that the mandate of the Special Rapporteur was "hopelessly unbalanced," "redundant at best and malicious at worst." Referring to Falk's statement that it was not "an irresponsible overstatement to associate the treatment of Palestinians with the criminalized [[Nazi]] record of collective atrocity," Levanon argued that "someone who had publicly and repeatedly stated such views could not possibly be considered independent, impartial or objective." He stated the council was "missing an opportunity" to lay "the groundwork for better cooperation with Israel."<ref>[http://www.webcitation.org/5dViuhEdA Human Rights Council Elects Advisory Committee Members], [[United Nations]] press release, March 26, 2008. Falk actually said: "Is it an irresponsible overstatement to associate the treatment of Palestinians with this criminalized Nazi record of collective atrocity? I think not." As quoted in [http://www.forward.com/articles/13037/ U.N. Taps American Jewish Critic of Israel as Rights Expert], [[The Forward]], April 4, 2008.</ref>

Former [[United States Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

[[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

===Investigations and statements===

In May 2008 Israel refused to admit Falk to gather information for a report. The [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Islamic and African states, usually supported by [[China]], [[Cuba]] and [[Russia]], "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which ''[[The Jerusalem Post]]'' wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to prepare a report on Israel's compliance with human rights standards and international humanitarian law.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], ''The Jerusalem Post'', December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a ''[[Houston Chronicle]]'' article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

In March 2009, Falk stated that [[Gaza War|Israel's offensive in Gaza]] constituted a war crime of the "greatest magnitude". He called for an independent group to be set up to investigate the war crimes committed on both sides.<ref>[http://www.haaretz.com/hasen/spages/1072481.html UN envoy: Gaza op seems to be war crime of greatest magnitude] ''Haaretz'', March 19, 2009</ref> The British government responded to Falk's report by stating that "the report of the UN Human Rights Council's Special Rapporteur is unbalanced and contributes little."<ref>[http://news.yahoo.com/s/afp/20090429/wl_mideast_afp/mideastconflictunisraelrightsbritain AFP: Britain raps 'unbalanced' UN rights Gaza report] ''AFP'', March 30, 2009</ref> [[Richard Goldstone]], head of the independent [[United Nations]] fact-finding mission to investigate international human rights and humanitarian law violations related to the conflict<ref>{{cite news | title = UN appoints Gaza war-crimes team | publisher = [[BBC News]] | date = 14:42 GMT, Friday, 3 April 2009 | url = http://news.bbc.co.uk/2/hi/middle_east/7981538.stm | accessdate = Friday, 3 April 2009}}</ref>, stated that he would take in account “relevant factors, reports, suggestions, recommendations,” including those of Richard Falk.<ref>Sameh A. Habeeb, [http://www.paltelegraph.com/index.php?option=com_content&view=article&id=560:human-rights-council-fact-finding-mission-on-gaza&catid=58:gaza-strip&Itemid=182 Human Rights Council fact-finding mission on Gaza], Interview with Richard Goldstone, Palestine Telegraph, April 16, 2009.</ref> Israel also refused to cooperate with Goldstone<ref>[http://www.upi.com/Top_News/2009/06/02/Israel-will-not-cooperate-with-UN-probe/UPI-90961243955560/ Israel will not cooperate with U.N. probe], [[United Press International]], June 2, 2009.</ref>, who was shocked by the devastation in Gaza<ref>[http://www.haaretz.com/hasen/spages/1090452.html UN investigator 'shocked' by scale of destruction in Gaza], [[Haaretz]], June 6, 2009.</ref>, and said he was not optimistic about the possibility of war crimes trials.<ref>Ben Hubbard, [http://www.washingtonpost.com/wp-dyn/content/article/2009/06/09/AR2009060900117.html UN's Gaza war crimes investigation faces obstacles], [[Associated Press]] in [[Washington Post]], June 9, 2009.</ref>

==Controversies==
===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]], which killed a researcher working there. The ''[[New York Times]]'' reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the war in Vietnam." The ''Times'' further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [''[New York Times]]'', October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, [http://books.google.com/books?id=0A6RJlFY2XcC&pg=PA255&dq=The+Nat+Hentoff+Reader+Richard+Falk&ei=bR37ScTuN5WQyATbsdg0 p. 255], ISBN 978-0306810848</ref>

===View on Ayatollah Khomeini in 1979===
On February 16, 1979, two weeks after the return of [[Ruhollah Khomeini]] to [[Iran]], Falk wrote an op-ed for the ''New York Times'' “Trusting Khomeini”. He criticized President [[Jimmy Carter]]'s accusations of “religious fanaticism” and media descriptions of Khomeini as being backward, antisemitic, and guilty of “[[theocratic]] fascism.” Arguing Khomeini was being judged unfairly, he concluded “the depiction of Khomeini as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country.”<ref name=Lake/><ref>Richard Falk OpEd, “Trusting Khomeini,” ''New York Times'', February 16, 1979.</ref>

===9/11 and the Bush administration===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush]] administration was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued: "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account." Falk called for an official commission to further study these issues, including the role [[neoconservatives]] may have played in the attacks.<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]]: “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article "Slouching toward a Palestinian Holocaust", Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as a[[American Jews|Jewish American]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]". Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref name="Slouching"/>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist|2}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.
*[http://library.syr.edu/digital/guides/f/falk_ra.htm Richard A. Falk Papers] at Syracuse University

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Proponents of 9/11 conspiracy theories]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-03-22T23:57:30Z

Wikifan12345: /* Investigations and statements */ concise, fixed, removed dubious source and rephrased according to source.

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].

==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

==United Nations Human Rights Inquiry Commission for the Palestinian territories==

In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

==United Nations Special Rapporteur on Palestinian human rights==

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

===Response to appointment===

According to a UN press release, then [[Israel]]i H.E. permanent resident Ambassador to the United Nations Itzhak Levanon<ref>[http://www.eyeontheun.org/assets/attachments/documents/4835_Israel_on_OPT_at_HRC.pdf Statement by H.E. permanent resident Ambassador to the United Nations Itzhak Levanon, March 22, 2007]</ref> said that the mandate of the Special Rapporteur was "hopelessly unbalanced," "redundant at best and malicious at worst." Referring to Falk's statement that it was not "an irresponsible overstatement to associate the treatment of Palestinians with the criminalized [[Nazi]] record of collective atrocity," Levanon criticized Falk as "someone who had publicly and repeatedly stated such views could not possibly be considered independent, impartial or objective." He stated the council was "missing an opportunity" to lay "the groundwork for better cooperation with Israel."<ref>[http://www.webcitation.org/5dViuhEdA Human Rights Council Elects Advisory Committee Members], [[United Nations]] press release, March 26, 2008. Falk actually said: "Is it an irresponsible overstatement to associate the treatment of Palestinians with this criminalized Nazi record of collective atrocity? I think not." As quoted in [[http://www.forward.com/articles/13037/ U.N. Taps American Jewish Critic of Israel as Rights Expert], [[The Forward]], April 4, 2008.</ref>

Former [[United States Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

[[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

===Investigations and statements===

In May 2008, Israel refused to allow Falk to enter Israel and the [[Israeli-occupied territories|occupied Palestinian territories]]. The [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

In March 2009, Falk believes [[2008–2009 Israel–Gaza conflict|Israel's offensive in Gaza]] constituted a war crime of the "greatest magnitude." He called for an independent group to be set up to investigate the war crimes committed on both sides.<ref>[http://www.haaretz.com/hasen/spages/1072481.html UN envoy: Gaza op seems to be war crime of greatest magnitude] ''Haaretz'', March 19, 2009</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.
*[http://library.syr.edu/digital/guides/f/falk_ra.htm Richard A. Falk Papers] at Syracuse University

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-03-01T02:29:37Z

Wikifan12345: /* UN Special Rapporteur on situations of humans rights of Palestinians */

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].

==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on situations of humans rights of Palestinians===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

According to a UN press release, then [[Israel]]i H.E. permanent resident Ambassador to the United Nations Itzhak Levanon<ref>[http://www.eyeontheun.org/assets/attachments/documents/4835_Israel_on_OPT_at_HRC.pdf Statement by H.E. permanent resident Ambassador to the United Nations Itzhak Levanon, March 22, 2007]</ref> said that the mandate of the Special Rapporteur was "hopelessly unbalanced," "redundant at best and malicious at worst." Referring to Falk's statement that it was not "an irresponsible overstatement to associate the treatment of Palestinians with the criminalized [[Nazi]] record of collective atrocity," Levanon criticized Falk as "someone who had publicly and repeatedly stated such views could not possibly be considered independent, impartial or objective." He stated the council was "missing an opportunity" to lay "the groundwork for better cooperation with Israel."<ref>[http://www.webcitation.org/5dViuhEdA Human Rights Council Elects Advisory Committee Members], [[United Nations]] press release, March 26, 2008. Falk actually said: "Is it an irresponsible overstatement to associate the treatment of Palestinians with this criminalized Nazi record of collective atrocity? I think not." As quoted in [[http://www.forward.com/articles/13037/ U.N. Taps American Jewish Critic of Israel as Rights Expert], [[The Forward]], April 4, 2008.</ref>

Former [[United States Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008, Israel refused to allow Falk to enter Israel and the [[Israeli-occupied territories|occupied Palestinian territories]]. The [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-23T02:28:30Z

Wikifan12345: /* UN Special Rapporteur on situations of humans rights of Palestinians */

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].

==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on situations of humans rights of Palestinians===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

According to a United Nations press release, then [[Israel]]i H.E permanent resident Ambassador to the United Nations Itzhak Levanon<ref>[http://www.eyeontheun.org/assets/attachments/documents/4835_Israel_on_OPT_at_HRC.pdf Statement by H.E permanent resident Ambassador to the United Nations Itzhak Levanon, March 22, 2007]</ref> said that the mandate of the Special Rapporteur was "hopelessly unbalanced," "redundant at best and malicious at worst." Referring to Falk's statement that it was not "an irresponsible overstatement to associate the treatment of Palestinians with the criminalized [[Nazi]] record of collective atrocity," Levanon criticized Falk as "someone who had publicly and repeatedly stated such views could not possibly be considered independent, impartial or objective." He stated the council was "missing an opportunity" to lay "the groundwork for better cooperation with Israel."<ref>[http://www.webcitation.org/5dViuhEdA Human Rights Council Elects Advisory Committee Members], [[United Nations]] press release, March 26, 2008. Falk actually said: "Is it an irresponsible overstatement to associate the treatment of Palestinians with this criminalized Nazi record of collective atrocity? I think not." As quoted in [[http://www.forward.com/articles/13037/ U.N. Taps American Jewish Critic of Israel as Rights Expert], [[The Forward]], April 4, 2008.</ref>

Former [[United States Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008, Israel refused to allow Falk to enter Israel and the [[Israeli-occupied territories|occupied Palestinian territories]]. The [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-23T02:27:58Z

Wikifan12345: /* Human Rights Inquiry Commission for the Palestinian territories */

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].

==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on situations of humans rights of Palestinians===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

According to a United Nations press release, then [[Israel]]i H.E permanent resident Ambassador to the United Nations Itzhak Levanon<ref>[http://www.eyeontheun.org/assets/attachments/documents/4835_Israel_on_OPT_at_HRC.pdf Statement by H.E permanent resident Ambassador to the United Nations Itzhak Levanon, March 22, 2007]</ref> said that the mandate of the Special Rapporteur was "hopelessly unbalanced," "redundant at best and malicious at worst." Referring to Falk's statement that it was not "an irresponsible overstatement to associate the treatment of Palestinians with the criminalized Nazi record of collective atrocity," Levanon criticized Falk as "someone who had publicly and repeatedly stated such views could not possibly be considered independent, impartial or objective." He stated the council was "missing an opportunity" to lay "the groundwork for better cooperation with Israel."<ref>[http://www.webcitation.org/5dViuhEdA Human Rights Council Elects Advisory Committee Members], [[United Nations]] press release, March 26, 2008. Falk actually said: "Is it an irresponsible overstatement to associate the treatment of Palestinians with this criminalized Nazi record of collective atrocity? I think not." As quoted in [[http://www.forward.com/articles/13037/ U.N. Taps American Jewish Critic of Israel as Rights Expert], [[The Forward]], April 4, 2008.</ref>

Former [[United States Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008, Israel refused to allow Falk to enter Israel and the [[Israeli-occupied territories|occupied Palestinian territories]]. The [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-23T01:43:50Z

Wikifan12345: /* UN Special Rapporteur on situations of humans rights of Palestinians */ my bad, quoted wrong source. confused press release with report. fixed grammar and sentence structure (should not influence POV)

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].
==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref>> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on situations of humans rights of Palestinians===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

According to a United Nations press release, then [[Israel]]i H.E permanent resident Ambassador to the United Nations Itzhak Levanon<ref>[http://www.eyeontheun.org/assets/attachments/documents/4835_Israel_on_OPT_at_HRC.pdf Statement by H.E permanent resident Ambassador to the United Nations Itzhak Levanon, March 22, 2007]</ref> said that the mandate of the Special Rapporteur was "hopelessly unbalanced," "redundant at best and malicious at worst." Referring to his "irresponsible overstatement to associate the treatment of Palestinians with the criminalized Nazi record of collective atrocity," Levanon criticized Falk as "someone who had publicly and repeatedly stated such views could not possibly be considered independent, impartial or objective." He stated the council was "missing an opportunity" to lay "the groundwork for better cooperation with Israel."<ref>[http://www.webcitation.org/5dViuhEdA Human Rights Council Elects Advisory Committee Members], [[United Nations]] press release, March 26, 2008.</ref>

Former [[United States Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008, Israel refused to allow Falk to enter Israel and the [[Israeli-occupied territories|occupied Palestinian territories]]. The [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-22T23:41:08Z

Wikifan12345: /* UN Special Rapporteur on situations of humans rights of Palestinians */ fixed source

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].
==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref>> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on situations of humans rights of Palestinians===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

Then [[Israel]]i H.E permanent resident Ambassador to the United Nations Itzhak Levanon<ref>[http://www.eyeontheun.org/assets/attachments/documents/4835_Israel_on_OPT_at_HRC.pdf Statement by H.E permanent resident Ambassador to the United Nations Itzhak Levanon, March 22, 2007]</ref> said that the mandate of the Special Rapporteur was utterly one-sided, highly selective, and unreservedly boased. Referring to his "irresponsible overstatement to associate the treatment of Palestinians with the criminalized Nazi record of collective atrocity," Levanon criticized Falk as "someone who had publicly and repeatedly stated such views could not possibly be considered independent, impartial or objective." He stated the council was "missing an opportunity" to lay "the groundwork for better cooperation with Israel."<ref>http://www.webcitation.org/5dViuhEdA Humans Rights Council Elects Advisory Committee Members</ref>

Former [[United States Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008, Israel refused to allow Falk to enter Israel and the [[Israeli-occupied territories|occupied Palestinian territories]]. The [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-22T23:40:33Z

Wikifan12345: /* UN Special Rapporteur on situations of humans rights of Palestinians */ unnecessary ref tag

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].
==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref>> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on situations of humans rights of Palestinians===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

Then [[Israel]]i H.E permanent resident Ambassador to the United Nations Itzhak Levanon<ref>[http://www.eyeontheun.org/assets/attachments/documents/4835_Israel_on_OPT_at_HRC.pdf Statement by H.E permanent resident Ambassador to the United Nations Itzhak Levanon, March 22, 2007]</ref> said that the mandate of the Special Rapporteur was utterly one-sided, highly selective, and unreservedly boased. Referring to his "irresponsible overstatement to associate the treatment of Palestinians with the criminalized Nazi record of collective atrocity," Levanon criticized Falk as "someone who had publicly and repeatedly stated such views could not possibly be considered independent, impartial or objective." He stated the council was "missing an opportunity" to lay "the groundwork for better cooperation with Israel."<ref>http://www.webcitation.org/5dViuhEdA Humans Rights Council Elects Advisory Committee Members</ref>He said, the council was "missing an opportunity" to lay "the groundwork for better cooperation with Israel."<ref>http://www.webcitation.org/5dViuhEdA Humans Rights Council Elects Advisory Committee Members</ref>

Former [[United States Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008, Israel refused to allow Falk to enter Israel and the [[Israeli-occupied territories|occupied Palestinian territories]]. The [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-22T23:40:17Z

Wikifan12345: /* UN Special Rapporteur on situations of humans rights of Palestinians */ my mistake, corrected info according to source and added important statement

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].
==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref>> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on situations of humans rights of Palestinians===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>
</ref>

Then [[Israel]]i H.E permanent resident Ambassador to the United Nations Itzhak Levanon<ref>[http://www.eyeontheun.org/assets/attachments/documents/4835_Israel_on_OPT_at_HRC.pdf Statement by H.E permanent resident Ambassador to the United Nations Itzhak Levanon, March 22, 2007]</ref> said that the mandate of the Special Rapporteur was utterly one-sided, highly selective, and unreservedly boased. Referring to his "irresponsible overstatement to associate the treatment of Palestinians with the criminalized Nazi record of collective atrocity," Levanon criticized Falk as "someone who had publicly and repeatedly stated such views could not possibly be considered independent, impartial or objective." He stated the council was "missing an opportunity" to lay "the groundwork for better cooperation with Israel."<ref>http://www.webcitation.org/5dViuhEdA Humans Rights Council Elects Advisory Committee Members</ref>He said, the council was "missing an opportunity" to lay "the groundwork for better cooperation with Israel."<ref>http://www.webcitation.org/5dViuhEdA Humans Rights Council Elects Advisory Committee Members</ref>

Former [[United States Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008, Israel refused to allow Falk to enter Israel and the [[Israeli-occupied territories|occupied Palestinian territories]]. The [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-22T23:30:55Z

Wikifan12345: /* UN Special Rapporteur on situations of humans rights of Palestinians */

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].
==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref>> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on situations of humans rights of Palestinians===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

Then [[Israel]]i H.E permanent resident Ambassador to the United Nations Itzhak Levanon<ref>[http://www.eyeontheun.org/assets/attachments/documents/4835_Israel_on_OPT_at_HRC.pdf Statement by H.E permanent resident Ambassador to the United Nations Itzhak Levanon, March 22, 2007]</ref> said that the mandate of the Special Rapporteur was utterly one-sided, highly selective, and unreservedly boased. Criticizing Falk for failing to mention any positive developments in his report, such as Israel's release of $100 million to the [[Palestinian Authority]] and the 81,000 Palestinians who received special permits to gain medical treatment at Israeli hospitals in December 2006. He said, the council was "missing an opportunity" to lay "the groundwork for better cooperation with Israel."<ref>http://www.webcitation.org/5dViuhEdA Humans Rights Council Elects Advisory Committee Members</ref>

Former [[United States Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008, Israel refused to allow Falk to enter Israel and the [[Israeli-occupied territories|occupied Palestinian territories]]. The [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-22T23:30:14Z

Wikifan12345: /* UN Special Rapporteur on situations of humans rights of Palestinians */

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].
==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref>> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on situations of humans rights of Palestinians===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

Then [[Israel]]i H.E permanent resident Ambassador to the United Nations Itzhak Levanon<ref>[http://www.eyeontheun.org/assets/attachments/documents/4835_Israel_on_OPT_at_HRC.pdf Statement by H.E permanent resident Ambassador to the United Nations Itzhak Levanon, March 22, 2007]</ref> said that the mandate of the Special Rapporteur was utterly one-sided, highly selective, and unreservedly boased. Criticizing Falk for failing to mention any positive developments in his report, such as Israel's release of $100 million to the [[Palestinian Authority]] on December 23, 2006 and the 81,000 Palestinians who received special permits to gain medical treatment at Israeli hospitals. He said, the council was "missing an opportunity" to lay "the groundwork for better cooperation with Israel."<ref>http://www.webcitation.org/5dViuhEdA Humans Rights Council Elects Advisory Committee Members</ref>

Former [[United States Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008, Israel refused to allow Falk to enter Israel and the [[Israeli-occupied territories|occupied Palestinian territories]]. The [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-22T23:29:57Z

Wikifan12345: /* UN Special Rapporteur on situations of humans rights of Palestinians */

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].
==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref>> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on situations of humans rights of Palestinians===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

Then [[Israel]]i H.E permanent resident Ambassador to the United Nations Itzhak Levanon<ref>[http://www.eyeontheun.org/assets/attachments/documents/4835_Israel_on_OPT_at_HRC.pdf Statement by H.E permanent resident Ambassador to the United Nations Itzhak Levanon, March 22, 2007]</ref> said that the mandate of the Special Rapporteur was utterly one-sided, highly selective, and unreservedly boased. Criticizing Falk's for failing to mention any positive developments in his report, such as Israel's release of $100 million to the [[Palestinian Authority]] on December 23, 2006 and the 81,000 Palestinians who received special permits to gain medical treatment at Israeli hospitals. He said, the council was "missing an opportunity" to lay "the groundwork for better cooperation with Israel."<ref>http://www.webcitation.org/5dViuhEdA Humans Rights Council Elects Advisory Committee Members</ref>

Former [[United States Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008, Israel refused to allow Falk to enter Israel and the [[Israeli-occupied territories|occupied Palestinian territories]]. The [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-22T23:03:54Z

Wikifan12345: /* UN Special Rapporteur on situations of humans rights of Palestinians */ clearly, more specific, couldn't find the previous quote (malicious) inside the source.

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].
==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref>> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on situations of humans rights of Palestinians===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

Then [[Israel]]i H.E permanent resident Ambassador to the United Nations Itzhak Levanon<ref>[http://www.eyeontheun.org/assets/attachments/documents/4835_Israel_on_OPT_at_HRC.pdf Statement by H.E permanent resident Ambassador to the United Nations Itzhak Levanon, March 22, 2007]</ref> said that the mandate of the Special Rapporteur was utterly one-sided, highly selective, and unreservedly boased. Criticizing Falk's for failing to mention any positive developments in his report, such as Israel's release of 100 million to the Palestinian Authority on December 23, 2006 and the 81,000 Palestinians who received special permits to gain medical treatment at Israeli hospitals. He said, the council was "missing an opportunity" to lay "the groundwork for better cooperation with Israel."<ref>http://www.webcitation.org/5dViuhEdA Humans Rights Council Elects Advisory Committee Members</ref>

Former [[United States Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008, Israel refused to allow Falk to enter Israel and the [[Israeli-occupied territories|occupied Palestinian territories]]. The [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-14T02:37:18Z

Wikifan12345: /* Israel Response to Appointment */

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].
==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref>> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on situations of humans rights of Palestinians===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

Former [[United States Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008 the [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

===Israel response to appointment===

H.E permanent resident Ambassador Itzhak Levanon<ref>http://www.eyeontheun.org/assets/attachments/documents/4835_Israel_on_OPT_at_HRC.pdf Ambassador Information</ref> for Israel said that as the list of candidates for Special Procedures mandate holders was put forward today, he was overwhelmed at the profound sense of lost opportunity. The mandate of the Special Rapporteur on the situation of human rights in the Palestinian Territories was hopelessly unbalanced. This mandate was redundant at best and malicious at worst. It was impossible to believe that out of a list of 184 potential candidates, the eminently wise members of the Consultative Group honestly had made the best possible choice for this post. In a recent article, the proposed candidate stated that he did not think it was "an irresponsible overstatement to associate the treatment of Palestinians with the criminalized [[Nazi]] record of collective atrocity". Someone who had publicly and repeatedly stated such views could not possibly be considered independent, impartial or objective, as was explicitly required in the institution building text. The Human Rights Council was rapidly moving away from its [[raison d'être]]. The members of the Council were missing an opportunity to show the world that this Human Rights Council genuinely sought improvement, the chance to make a difference, and the prospect of laying the groundwork for better cooperation with Israel. <ref>http://www.webcitation.org/5dViuhEdA Humans Rights Council Elects Advisory Committee Members</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-14T02:37:00Z

Wikifan12345: /* United Nations Appointments */ updated informative necessary

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].
==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref>> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on situations of humans rights of Palestinians===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

Former [[United States Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008 the [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

===Israel Response to Appointment===

H.E permanent resident Ambassador Itzhak Levanon<ref>http://www.eyeontheun.org/assets/attachments/documents/4835_Israel_on_OPT_at_HRC.pdf Ambassador Information</ref> for Israel said that as the list of candidates for Special Procedures mandate holders was put forward today, he was overwhelmed at the profound sense of lost opportunity. The mandate of the Special Rapporteur on the situation of human rights in the Palestinian Territories was hopelessly unbalanced. This mandate was redundant at best and malicious at worst. It was impossible to believe that out of a list of 184 potential candidates, the eminently wise members of the Consultative Group honestly had made the best possible choice for this post. In a recent article, the proposed candidate stated that he did not think it was "an irresponsible overstatement to associate the treatment of Palestinians with the criminalized [[Nazi]] record of collective atrocity". Someone who had publicly and repeatedly stated such views could not possibly be considered independent, impartial or objective, as was explicitly required in the institution building text. The Human Rights Council was rapidly moving away from its [[raison d'être]]. The members of the Council were missing an opportunity to show the world that this Human Rights Council genuinely sought improvement, the chance to make a difference, and the prospect of laying the groundwork for better cooperation with Israel. <ref>http://www.webcitation.org/5dViuhEdA Humans Rights Council Elects Advisory Committee Members</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-14T02:24:56Z

Wikifan12345: /* UN Special Rapporteur on situations of humans rights of Palestinians */

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].
==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref>> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on situations of humans rights of Palestinians===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

Former [[United States Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008 the [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-14T02:24:26Z

Wikifan12345: /* UN Special Rapporteur on Israeli actions */ UN does not explicity state it is observing israel, only human rights. could be sourced from hamas, fatah, israel, or themselves. this according to source

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].
==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref>> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on situations of humans rights of Palestinians===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]] occupied since 1967."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

Former [[US Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008 the [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-09T02:29:10Z

Wikifan12345: /* Controversial positions & statements */ criticisms should be included as he positions are being criticized plus that was a rather long section title

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].
==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref>> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on Israeli actions===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]]."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

Former [[US Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008 the [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

==Controversy and Criticisms==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-09T02:27:45Z

Wikifan12345: /* UN Special Rapporteur on Israeli actions */

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].
==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref>> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on Israeli actions===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]]."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

Former [[US Ambassador to the United Nations]], [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008 the [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

==Controversial positions & statements==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]

Richard A. Falk

2009-02-07T23:27:03Z

Wikifan12345: /* UN Special Rapporteur on Israeli actions */ occupation is a questionable term. 1967 is unnecessary, it's assumed. shorten for syntax and to be concise.

'''Richard A. Falk''' is an [[United States|American]] [[professor emeritus]] of [[international law]] at [[Princeton University]], writer (the author or co-author of 20 books),<ref>[http://uscpublicdiplomacy.com/index.php/events/events_detail/76/ USC Center on Public Diplomacy, Dean’s Open Forum, Richard Falk] November 4, 2004.</ref> speaker, activist on world affairs, and an appointee to two [[United Nations]] positions on the [[Palestinian territories]].
==Life and work==
Falk obtained a [[Bachelor of Science]] in Economics from the [[Wharton School]], [[University of Pennsylvania]], a [[Bachelor of Laws]] from [[Yale University]], and a [[Doctor of Laws]] from [[Harvard University]]. He is [[Albert G. Milbank]] Professor of International Law and Practice, Emeritus at [[Princeton University]], and was Visiting Distinguished Professor in Global and International Studies at the [[University of California, Santa Barbara]] (2001-04). He retired from teaching in 2001.<ref>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Richard A Falk Biographical Profile], [[University of California, Santa Barbara]].</ref><ref>[http://www.fidh.org/IMG/pdf/falk_affidavit.pdf Richard Falk affidavit 2006]</ref>

Falk has published a number of books and essays analyzing the [[legality of the Vietnam War]] and other [[military operations]]. With regard to the [[2003 invasion of Iraq]], he has written that it is "inescapable that an objective observer would reach the conclusion that this [[Iraq war]] is a [[war of aggression]], and as such, that it amounts to a Crime against Peace of the sort for which surviving German leaders were indicted, prosecuted and punished at the [[Nuremberg trials]] conducted shortly after the [[Second World War]]."<ref>[http://www.hinduonnet.com/fline/fl2008/stories/20030425004002300.htm ''Frontline''], Volume 20, Issue 08, April 12-25, 2003.</ref>

He is a member of the [[Editorial Board]]s of ''[[The Nation]]'' and ''[[The Progressive]]'', and Chair of the Board of the [[Nuclear Age Peace Foundation]].<ref>[http://www.princeton.edu/politics/people/bios/index.xml?netid=rfalk Princeton University] faculty profile.</ref><ref name=profile>[http://www.ihc.ucsb.edu/events/event_files/past/_winter03/falk/ Biographical Profile] from [[University of California, Santa Barbara]] lecture.</ref> He is a former advisory board member of the [[Citizens for Global Solutions|World Federalist Institute]]<ref>[http://oldsite.globalsolutions.org/wfi/index.html World Federalist Institute web site].</ref> and the [[American Movement for World Government]].<ref>[http://www.americanmovementforworldgovernment.org/ American Movement for World Government web site]</ref> He is currently Distinguished Visiting Professor of Law at [[Chapman University School of Law]].<ref>[http://www.chapman.edu/law/faculty/visiting/falk.asp Faculty Biography of Richard Falk], [[Chapman University School of Law]] web site.</ref>

In 1999-2000, Falk worked on the [http://www.reliefweb.int/library/documents/thekosovoreport.htm2001 Independent International Commission on Kosovo].<ref name=profile/>

== United Nations Appointments ==

===Human Rights Inquiry Commission for the Palestinian territories===
In 2001 Falk served on a [[Office of the United Nations High Commissioner for Human Rights|United Nations High Commissioner for Human Rights]] (OHCHR) Inquiry Commission for the Palestinian territories<ref name=profile/> with [[John Dugard]], a South African based in [[Leiden University]] in the [[Netherlands]], and [[Kamal Hussein]], former [[foreign minister]] of [[Bangladesh]]. Falk stated the two main issues were: "One is evaluating whether the conditions of occupation are such as to give the Palestinians some kind of right of [[Resistance movement|resistance]]. And if they have that right, then what are the limits to that right?" and "The other issue at stake in this current inquiry is to evaluate how Israel as the occupying power is carrying out its responsibility to protect the society that is subject to its control."<ref name=Dienst>Karin Dienst, [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm Falk evaluates Mideast violence with U.N. team], [[Princeton University]] Weekly Bulletin, February 19, 2001.</ref>> After its investigation the commission issued a report entitled [http://www.unhchr.ch/html/menu2/7/a/mpalctt.htm "Human rights inquiry commission to gather and compile information on the violation of human rights by Israel in the occupied Palestinian territories."]

===UN Special Rapporteur on Israeli actions===

On March 26, 2008, the [[United Nations Human Rights Council]] (UNHRC) appointed Falk to a six-year term as a [[United Nations Special Rapporteur]] on "the situation of human rights in the [[Palestinian Territories|Palestinian territories]]."<ref name="UN_Falkappointed">{{cite web| last =| first =| authorlink =| coauthors =| title =Human Rights Council elects Advisory Committee Members and approves a number of Special Procedures mandate holders| work =| publisher =[[United Nations]] | date =2008-03-26| url =http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/0da4ba56ade85249852574190058d462!OpenDocument |format =| doi =| accessdate =2009-01-01 |archiveurl=http://www.webcitation.org/5dViuhEdA |archivedate=2009-01-01 }}</ref> Falk replaces South African professor [[John Dugard]], an expert on [[apartheid]] who will leave his post in June 2008 after seven years.<ref name=BBC>[http://news.bbc.co.uk/2/hi/middle_east/6390755.stm UN envoy hits Israel 'apartheid'], BBC, February 23, 2007</ref>

Former US Ambassador to the United Nations, [[John Bolton]], criticized Falk's appointment to the United Nations Human Rights Council, stating that "This is exactly why we voted against the new human rights council" and that "He was picked for a reason, and the reason is not to have an objective assessment — the objective is to find more ammunition to go after Israel."<ref name=Lake>Eli Lake, [http://www.nysun.com/news/foreign/un-official-calls-study-neocons-role-911 U.N. Official Calls for Study Of Neocons' Role in 9/11], [[New York Sun]], April 10, 2008</ref><ref>[http://www.foxnews.com/story/0,2933,369122,00.html Critics Demand Resignation of U.N. Official Who Wants Probe of 9/11 'Inside Job' Theories] by Joseph Abrams, [[Fox News]], July 15, 2008 (retrieved on November 12, 2008).</ref>

In May 2008 the [[National Lawyers Guild]] urged Israel to permit Falk entry, stating "Falk made no claims any different from those made by John Dugard, the man he was to replace, in several reports on conditions in the Occupied Territories."<ref>[http://www.commondreams.org/news2008/0423-05.htm Press Release: National Lawyers Guild Urges Israel to Permit Richard Falk to Enter Israel and the Occupied Palestinian Territories], [[Common Dreams]], April 23, 2008.</ref> In a July 2008 interview Falk stated the constraints would "limit my exposure to the direct realities. But I think it's quite possible to perform this role without that exposure. Barring my entry complicates my task but doesn't make it undoable."<ref>Linda Mamoun, [http://www.alternet.org/module/printversion/91225 Israel Bars UN Human Rights Watchdog From Occupied Territories], [[Alternet]] reprint of [[The Nation]] article, posted on July 11, 2008.</ref>

In June 2008, Falk proposed to the Human Rights Council that his mandate to investigate violations of international humanitarian law in the Palestinian territories be extended to include possible Palestinian infringements. He stated his goal was to "insulate" the Council, which is dominated by Muslim and African states, "from those who contend that its work is tainted by partisan politics."<ref>[http://www.haaretz.com/hasen/spages/993320.html UN official who compared Israel to Nazis turns the spotlight on Palestinians], [[Haaretz]], June 16, 2008.</ref>

On December 9, 2008, the United Nations released a statement by Falk in his official capacity as "Special Rapporteur" noting that [[United Nations Secretary-General]] [[Ban Ki-moon]], General Assembly President [[Miguel d'Escoto Brockmann|Miguel D’Escoto]] and UN High Commissioner for Human Rights [[Navanethem Pillay|Navi Pillay]], among other top officials, have expressed concern for the “desperate plight” of civilians in [[Gaza]]. Falk said: “And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease.” He outlined steps that must be taken to avoid a “humanitarian catastrophe."<ref>[http://www.un.org/apps/news/story.asp?NewsID=29228&Cr=Palestin&Cr1= Urgent action needed to alleviate desperate plight of Gaza’s civilians – UN rights expert], [[United Nations]] News Center, December 9, 2009.</ref> These included implementing the "responsibility to protect" a civilian population from collective punishment and a determination of "whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law," which the [[Jerusalem Post]] wrote would go before the [[International Court of Justice]] at [[The Hague]], [[Netherlands]].<ref>[http://www.jpost.com/servlet/Satellite?cid=1228728146806&pagename=JPost%2FJPArticle%2FShowFull Human Rights & Wrongs], [[Jerusalem Post]], December 10, 2008.</ref><ref>[http://www.reliefweb.int/rw/rwb.nsf/db900SID/ASAZ-7M6DZ2?OpenDocument Gaza: Silence is not an option], statement by the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, issued December 9, 2008.</ref>

On December 14 Falk landed at [[Ben Gurion Airport]] with staff members from the UN Office of the High Commissioner for Human Rights on an official visit, planning to travel to the [[West Bank]] and [[Gaza]] to document human rights conditions.<ref>[http://www.palestine-pmc.com/details.asp?cat=4&id=3930 Richard A.Falk, 'My Expulsion from Israel' 22/12/2008]</ref> However, Israel detained him and held him for 30 hours, before releasing him to a flight back to [[Geneva]] on December 15.<ref>[http://www.ynetnews.com/articles/0,7340,L-3638881,00.html Israel denies entry to UN rights investigator], [[Reuters]], reproduced at [[YNET]], December 15, 2008.</ref><ref>[http://www.un.org/apps/news/story.asp?NewsID=29309&Cr=descoto&Cr1=isreal UN Assembly President calls stories he tried to stop Israel speaking ‘malicious lie’], [[United Nations]] News Center, December 15, 2008.</ref><ref>[http://www.jpost.com/servlet/Satellite?cid=1228728204503&pagename=JPost%2FJPArticle%2FShowFull "UNHRC rapporteur denied entry to Israel"], [[Jerusalem Post]], December 16, 2008.</ref> In an interview Falk stated the Israeli government distorts his real views and that he saw the expulsion as an "insidious pattern of trying to shift the attention from their objections to the person."<ref>[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Days After Calling Israeli Blockade of Gaza “A Crime Against Humanity,” UN Human Rights Investigator Richard Falk Detained, Expelled from Israel], [[Democracy Now]], December 17, 2008.</ref> Navi Pillay called Israel's detention and expulsion of Falk "unprecedented and deeply regrettable."<ref>[http://www.isria.info/RESTRICTED/D/2008/DECEMBER_18/diplo_17december2008_21.htm UN: Daily Press Briefing], [[United Nations]], December 16, 2008.</ref>

On December 27, 2008 Falk issued a statement condemning the [[December 2008 Gaza Strip airstrikes|December 2008 Israel strikes on Gaza]] as "war crimes" because they included collective punishment, targeting of civilians and a disproportionate military response to Hamas rocket attacks on Israel. He stated that Israel had ignored Hamas' diplomatic initiatives to re-establish the ceasefire which expired December 26 and condemned nations which provided Israel military support and participated in the siege of Gaza.<ref>Richard Falk, [http://www.unhchr.ch/huricane/huricane.nsf/view01/F1EC67EF7A498A30C125752D005D17F7 Statement by Prof. Richard Falk, United Nations Special Rapporteur for Human Rights in the Occupied Territories], [[Office of the United Nations High Commissioner for Human Rights]], December 27, 2008.</ref> In a [[Houston Chronicle]] article Falk reaffirmed that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.<ref>Richard Falk, [http://www.chron.com/disp/story.mpl/editorial/outlook/6186137.html Bring light — and censure — to brutal Israeli attacks, World needs to see the victims and carnage in Gaza],[[Houston Chronicle]], December 29, 2008.</ref>

==Controversial positions & statements==
===Support for further 9/11 investigations===
In 2004, Falk wrote a preface to [[David Ray Griffin]]'s book ''[[The New Pearl Harbor|The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11]]'' which presents evidence that the [[George W. Bush administration]] was complicit in the [[September 11 attacks]].<ref>David Ray Griffin, ''The New Pearl Harbor: Disturbing Questions About the Bush Administration and 9/11,'' Interlink, 2005.</ref> In that preface he argued that "There have been questions raised here and there and allegations of official complicity made almost from the day of the attacks, especially in Europe, but no one until Griffin has had the patience, the fortitude, the courage, and the intelligence to put the pieces together in a single coherent account."<ref name=Lake/>

Falk also wrote a chapter for Griffin's 2006 book entitled ''9/11 and American Empire: Intellectuals Speak Out''.<ref>David Ray Griffin, ''9/11 and American Empire: Intellectuals Speak Out,'' Olive Branch Press, 2006.</ref> Falk argued that "Momentous suspicious events bearing on the legitimacy of the process of governance in the US have been consistently shielded from mainstream inquiry by being reinscribed as the wild fantasies of 'conspiracy theorists'... The management of suspicion is itself suspicious."<ref> [[David Aaronovitch]], [http://www.timesonline.co.uk/tol/comment/columnists/david_aaronovitch/article3746592.ece UN expert? No, a conspiracy crank], [[The Times]] blog, April 15, 2008.</ref>

In November 2008, Falk wrote in ''[[The Journal (student newspaper)|The Journal]]'', a student publication in [[Edinburgh]], [[Scotland]] that “It is not paranoid under such circumstances to assume that the established elites of the American governmental structure have something to hide and much to explain... The persisting inability to resolve this fundamental controversy about 9/11 subtly taints the legitimacy of the American government. It can only be removed by a willingness, however belated, to reconstruct the truth of that day, and to reveal the story behind its prolonged suppression.”<ref>[http://jta.org/news/article/2008/11/11/1000905/falk-boosts-9-11-truth U.N. official boosts 9/11 conspiracy theorists], [[Jewish Telegraphic Agency]], November 11, 2008.</ref><ref>[http://www.journal-online.co.uk/article/5056-911-more-than-meets-the-eye 9/11: More than meets the eye] by Richard Falk, [[The Journal (student newspaper)|The Journal]], November 9, 2008.</ref>

===Support for Iranian Revolution and Ruhollah Khomeini===
On February 16, 1979, two weeks after the [[Iranian revolution]] returned religious leader [[Ruhollah Khomeini]] to [[Iran]], and nine months before student followers of Khomeini [[Iran hostage crisis|took American diplomats hostage]] at the US Embassy in [[Tehran]], Falk wrote an op-ed for the ''[[New York Times]]'' entitled "Trusting Khomeini." He criticized President [[Jimmy Carter]]'s accusations of "religious fanaticism" and media descriptions of Khomeini as being backward, [[antisemitic]], and guilty of "[[theocratic]] [[fascism]]." Believing that Khomeini had been judged unfairly, he concluded "the depiction of [[Khomeini]] as fanatical, reactionary and the bearer of crude prejudices seems certainly and happily false ... To suppose that Ayatollah Khomeini is dissembling seems almost beyond belief. ... Having created a new model of popular revolution based, for the most part, on nonviolent tactics, Iran may yet provide us with a desperately-needed model of humane governance for a third-world country."<ref>Richard Falk OpEd, "Trusting Khomeini," ''[[New York Times]]'', February 16, 1979.</ref><ref name=Lake/>

===Nuremberg Defense of Violent Vietnam War Protesters===
In October, 1973, Falk defended [[Karleton Armstrong]], who pleaded guilty to [[Sterling Hall bombing|bombing the University of Wisconsin Army Mathematics Research Center]]. The explosion killed a researcher working there. The [[New York Times]] reported that Falk "appealed for full amnesty for all resistors, including those who use violent tactics to oppose the" war in Vietnam. The Times further reported that Falk, "cited the [[Nuremberg Trials]] as precedent for defense assertions that private American citizens had "a right, and perhaps a duty" to actively oppose the war by any means".<ref>"Ex-Senator Aids Bomber's Defense," [[New York Times]], October 20, 1973.</ref> According to Ronald Christenson, political science professor at [[Gustavus Adolphus College]], Falk "invoked the Nuremberg precedent to argue that there is a right of individuals to stop crime 'even by creating a lesser crime.'"<ref>Christenson, Ronald, ''Political Trials: Gordian Knots in the Law'', Transaction Publishers, 1999, ISBN 978-0765804730</ref><ref>Hentoff, Nat, ''The Nat Hentoff Reader,'' Da Capo Press, 2001, ISBN 978-0306810848</ref>

===Statements on Israeli-Palestinian conflict===
In a June 2007 article called "Slouching toward a Palestinian Holocaust," Falk compared some Israeli policies with regard to the Palestinians to the [[Nazi Germany]] record of [[collective punishment]]. Identifying himself as an [[American Jews|American Jew]], Falk stated that his use of the term "holocaust" "represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current [Israeli] [[genocidal]] tendencies from culminating in a collective tragedy [for the Palestinians]." Falk also stated that "the comparison should ''not'' be viewed as literal, but...that a pattern of [[criminality]] associated with Israeli policies in [[Gaza]] has actually been supported by the leading democracies of the 21st century."<ref>Richard Falk, [http://www.transnational.org/Area_MiddleEast/2007/Falk_PalestineGenocide.html ''Slouching toward a Palestinian Holocaust''], [http://www.transnational.org/ The Transnational Foundation for Peace and Future Research (TFF)], June 29, 2007.</ref>

In response to Falk's past comments, [[Yitzhak Levanon]], the Israeli ambassador to the [[United Nations]] in [[Geneva]], criticized Falk's appointment by the [[United Nations Human Rights Council]] in an address to the council, stating: "He has taken part in a UN fact-finding mission which determined that [[suicide bombing]]s were a valid method of 'struggle'. He has disturbingly charged Israel with 'genocidal tendencies', and accused it of trying to achieve security through '[[state terrorism]]'. Someone who has publicly and repeatedly stated such views cannot possibly be considered independent, impartial or objective."<ref>[http://www.jpost.com/servlet/Satellite?cid=1206446111162&pagename=JPost%2FJPArticle%2FShowFull UNHRC appointment infuriates Israel], ''The Jerusalem Post'', March 26, 2008.</ref> The [[Israeli government]] announced that it will deny Falk a visa to Israel, the West Bank and the Gaza Strip, at least until the September 2008 meeting of the Human Rights Council.<ref>[http://www.haaretz.com/hasen/spages/972974.html Israel to bar UN official for comparing Israelis to Nazis], ''Haaretz'', April 8, 2008.</ref>

Falk responded to the criticism by saying, "If this kind of situation had existed for instance in the manner in which China was dealing with [[Tibet]] or the [[Sudan]]ese government was dealing with [[Darfur]], I think there would be no reluctance to make that comparison." He attributed the reluctance to criticise Israel's policies to the sensitive history of the Jewish people, as well as the state's ability to "avoid having (its) policies held up to international law and morality."<ref>[http://news.bbc.co.uk/2/hi/middle_east/7335875.stm UN expert stands by Nazi comments], [[BBC]], April 8, 2008</ref>

==Bibliography==
* ''Essays on Espionage and International Law'' with Quincy Wright, Julius Stone, Roland J. Stanger; Ohio State University Press, 1962.
* ''Security in Disarmament'', Editor with Richard J. Barnet, Princeton University Press, 1965.
* ''Toward a Theory of War Prevention'', with Saul H. Mendlovitz, Transaction Publishers, 1966.
* ''Strategy of World Order (Volumes I to IV)'', edited with Saul H. Mendlovitz, World Law Fund, 1966-67.
* ''Legal Order In A Violent World,'' Princeton University Press, 1968.
* ''International Law And Organization,'' Editor with Wolfram F. Hanrieder, Lippincott, 1968.
* ''The Six Legal Dimensions of the Vietnam War'', Princeton University Press, 1968.
* ''In the Name of America-The Conduct of the War in Vietnam by the Armed Forces of the U.S.'', editor with Seymour Melman, E.P. Dutton, 1968.
* ''The Vietnam war and international law,'' edited by Richard A. Falk with Wolfram F. Hanrieder; J. B. Lippincott, 1968.
* ''A Global Approach to National Policy,'' Harvard University Press, 1975.
* ''Crimes of War: A Legal, Political-Documentary, and Psychological Inquiry into the Responsibility of Leaders, Citizens, and Soldiers for Criminal Acts in Wars'' with Gabriel Kolko, Robert Jay Lifton; Random House, 1971.
* ''The United Nations and a Just World Order'' with Samuel S. Kim, Saul H. Mendlovitz; Westview Press, 1991.
* ''This Endangered Planet,'' Random House, 1971.
* ''Regional Politics and World Order'' with Saul H. Mendlovitz, W.H.Freeman & Co Ltd, 1973.
* ''A Study of Future Worlds'', Free Press, 1975.
* ''The Vietnam War and International Law'', Editor, Pinceton University Press, 1976.
* ''Human Rights and State Sovereignty'', Holmes & Meier Publishers, 1981.
* ''International Law: A Contemporary Perspective (Studies on a Just World Order, No 2)'' with Friedrich Kratochwil, Saul H. Mendlovitz; Westview Press, 1985.
* ''Revolutionaries and Functionaries,'' Dutton Adult, 1988.
* ''The Promise of World Order: Essays in Normative International Relations'', Temple University Press, 1988.
* ''Explorations at the Edge of Time: The Prospects for World Order'', Temple University Press, 1993.
* ''On Humane Governance: Toward a New Global Politics - The World Order Models Project Report of the Global Civilization Initiative'', Pennsylvania State University Press, 1995.
* ''Indefensible Weapons: The Political and Psychological Case Against Nuclearism'' with Robert Jay Lifton, House of Anansi Press, 1998.
* ''Predatory Globalization: A Critique,'' Polity, 1999.
* ''Human Rights Horizons: The Pursuit of Justice in a Globalizing World,'' Routledge, 2001.
* ''Reframing the International: Law, Culture, Politics,'' Routledge, 2002.
* ''Unlocking the Middle East: The Writings of Richard Falk,'' Jean Allain, Editor; Olive Branch Press, 2002.
* ''In Pursuit of the Right to Self-Determination Collected Papers of the First International'', Editor with D. Kly, Clarity Press, 2001.
* ''Religion and Humane Global Governance,'' Palgrave Macmillan, 2001.
* ''The Great Terror War'', Interlink Publishing Group, 2002.
* ''The Declining World Order: America's Imperial Geopolitics'', Routledge, 2004.
* ''The Record of the Paper: How the New York Times Misreports US Foreign Policy'' with Howard Friel, Verso, 2004.
* ''Crimes of War: Iraq'' with Irene Gendzier, Robert Jay Lifton; Nation Books, 2006.
* ''Foundations of Restoration Ecology: The Science and Practice of Ecological Restoration (The Science and Practice of Ecological Restoration Series)'' with Richard J. Hobbs, Donald A. Falk, Margaret Palmer, and Joy Zedler; Island Press, 2006.
* ''The Costs of War: International Law, the UN, and World Order after Iraq'', Routledge, 2007.
* ''Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East'' with Howard Friel, Verso, 2007.
* ''Achieving Human Rights'' , Routledge, 2008.
* ''International Law and the Third World: Reshaping Justice (Routledge-Cavendish Research in International Law)'', Editor, Routledge, July 29, 2008.

==References==
{{reflist}}

==External links==
*[http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx United Nations website page on Occupied Palestinian Territory], including work of Richard Falk.
*[http://www.democracynow.org/2008/12/17/days_after_calling_israeli_blockade_of Democracy Now interview with Richard Falk], December 17, 2008.

{{DEFAULTSORT:Falk, Richard A.}}
[[Category:American academics]]
[[Category:American Jews]]
[[Category:American foreign policy writers]]
[[Category:American legal writers]]
[[Category:American human rights activists]]
[[Category:American anti-war activists]]
[[Category:American anti-nuclear weapons activists]]
[[Category:Jewish American writers]]
[[Category:International law scholars]]
[[Category:United Nations Special Rapporteurs]]
[[Category:Israeli-Palestinian conflict]]
[[Category:Writers on the Middle East]]
[[Category:World federalists]]
[[Category:Yale University alumni]]
[[Category:Harvard University alumni]]
[[Category:Living people]]

[[de:Richard A. Falk]]
[[ja:リチャード・フォーク]]