By Richard Falk
October 24, 2024
Source: Richard Falk
[Prefatory Note: The following interview is in responses to questions addressed.to me by Kayhan New Agency in Iran. It is focused on an interpretation of how the forthcoming American elections are likely to affect Iran, and the policies toward the current combat zone involving Gaza, the West Bank, and Lebanon. X/0]
Kayhan Interview. 10/9/24
1-What impact does the U.S. election have on the Middle East (Israel-Palestine-Iran)?
Unless Trump is elected, which seems now shamelessly plausible, I see no prospect of change. If Trump is elected, he is more likely to encourage Israel to escalate tensions with Iran by way of an all-out military attack on Gaza and Iran, encouraging the use of a 30k blockbuster bomb and even a missile with a nuclear warhead directed at Iran’s nuclear facilities.
There are also dangers of such a scenario unfolding if Harris are elected, but somewhat less so. It could be brought about by the Netanyahu government exerting provocative pressures by way of alleged intelligence reports that Iran poses an existential threat to Israeli security and currently possesses nuclear weapons or is close to crossing that red line.
It may be that Iran’s conduct in the aftermath of the elections held on 5 November will have some effect in either calming or. agitating bellicose impulses. If the new President of Iran makes a determined diplomatic effort in the region, possibly centered on cultivating positive relations with Turkey, Egypt, and Saudi Arabia, it could alter Israel’s calculations, but nothing is certain and nothing should be taken for granted or assumed.
2-The effects of current events in the Middle East on the American elections?
Recent developments in the Middle East, especially the Gaza genocide and the expansion of the Gaza combat zone to the West Bank in Israel and to neighboring countries including Lebanon, Iran, Syria, Iraq, and Yemen are having very little impact on the American election, except for the Muslim-American minority and a small group of progressive individuals, including especially younger Jews. However, this numerically small
number compared to the size of the national voting public it could have an impact greater than one would expect because of its influence in battleground states. This reflects the concentration of Muslim-Americans is parts of the country where the electoral competition is very close, and the failure of these normally pro-Democratic voters to support Harris are strengthening Republican prospects, and hence heightening prospects for a Trump victory. The American electoral system is such that the winner is not chosen by the candidate with the most votes, but by a complex weighted system that gives each state, based on population a certain number of votes, which are so allocated as to give advantages to rural and small states where Trump is most popular.
3-Why student protests have been silenced in America and we dont see any protests in universities?
These protests have not yet been completely ‘silenced’ but certainly have been the targets of pressure from administrators of higher education and the Zionist, pro-Israeli, networks of influence.
Major donors to universities throughout the country with strong Israeli sympathies and ties have exerted their influence, usually hidden from public view. Israeli influence with American political elites is strong within the government and strong private sector lobbies (including military industries, energy). Students and faculty are intimidated, with pro-Palestinian activism leading to negative impacts on their career prospects. At the same time these protest sentiments remain strong among the more educated youth of America, although apparently dormant in the immediate period ahead. It would not be a surprise if a progressive movement outside the two-party system emerges in the near future, and becomes a real force in American political life.
4-Western countries state that the attack by Hamas on October 7 was a violation of human rights laws; Do you think the behavior of the Palestinians was a violation of the law?
Even after a year it remains difficult to have an accurate description of the events on October 7. There needs to be a trustworthy international investigation and report, although this will be opposed by Israel, and without such clarification it will be difficult to make a reliable assessment.
On the basis of what we know or are tole, it is the judgment of the most objective international law experts that Hamas had a right of resistance against an abusive and unlawful occupation of Gaza that had persisted since it was occupied in course of the 1967 War, but that atrocities committed during the attack should be considered legally prohibited, and the perpetrators held accountable. The Prosecutor of the International Criminal Court recommended to a Sub-Chamber of the ICC that ‘arrest warrants’ be issued for three Hamas leaders on the basis of this legal reasoning, and also for Israeli leaders on a similar basis in the course of their retaliatory onslaught.
My own view accepts the obligation of claimants of a right of resistance, regardless of how strong their entitlement to resist, to comply with the laws of war and international human rights law with respect to the deliberate killing of women and children. Hamas culpability this regard is minor if compared to the magnitude and severity of Israel’s genocidal response, but still criminal.
The division in the world between Palestinian and Israeli supportive governments and political movements exhibits the civilizational dimension of Middle East conflict zone that follows a conflict pattern of the West against Islamic societies. This recalls Samuel Huntington’s 1993 prediction that after the Cold War that there would not be peace, but ‘a clash of civilizations’ situated along the fault lines separating the West from various geographies of the Islamic non-West.
5-What is your opinion about Iran’s attack on Israel and was it Iran’s right to attack Israel?
I am not familiar with the scale, targeting, damage, and details, but Israel had repeatedly provocatively attacked Iran previously without being itself attacked first, recently most strikingly by its assassination of the Hamas leader, Issmail Haniyeh, while he was visiting Iran to attend the inauguration of Massoud Pezeshkian as the new president. Iran certainly had a reprisal right, although the law of the Charter creates some ambiguity limiting international uses of forces to situation of self-defense against a prior armed attack (see UN Charter, Article 2(4), 51). Yet since many countries have claimed such a retaliatory right of reprisal it seems persuasive to argue that the Charter has been superseded by international practice, and the applicable tests of legality are related to such customary norms as proportionality, discrimination (as to targeting), and humanity (as to civilian innocence).
6-Why, despite the widespread protests in the United States? However, the United States still provides massive financial and military aid to Israel?
On the Middle East agenda, the US government is not being responsive to the people. The latter favor by a sizable majority a permanent ceasefire and a more balanced overall US approach to Israel and Palestine. Yet, the special interests associated with military sales and the policy goals of pro-Israeli lobbying organizations, especially AIPAC, are being accommodated by political elites in the US, and in most European countries.
The US situation is one where the pro-Israeli influence on politics is not balanced by pro-Palestinian influence in the venues of governmental authority (Congress, Presidency), which means that politicians have nothing to gain, and much to lose, if they are sympathetic to Palestinian grievances. Israel has effectively manipulated Diaspora Jews to make strong unconditional commitments to Israel financially and politically. Finally, the Holocaust and antisemitism continue to be deployed to punish those who go out of line by supporting Palestine or Iran.
7-What do you think about Iran’s behavior in supporting Palestine and Lebanon?
If you have any comments or suggestions. opinion, please write to us
I think such support as Iran has given, which is not known with any precision, is far less than what Israel and its Arab friends have received, and is thus legitimate as a reasonable balancing involvement. Beyond this, by supporting Lebanon and the Palestinian struggle Iran is on the right side of history and of morality, while the US and the former coloniall powers of Europe are supporting the prime instance of 21st Century ‘settler colonialism’ and it genocidal disposition of the majority native population.
Richard Falk
Richard Anderson Falk (born November 13, 1930) is an American professor emeritus of international law at Princeton University, and Euro-Mediterranean Human Rights Monitor's Chairman of the Board of Trustees. He is the author or coauthor of over 20 books and the editor or coeditor of another 20 volumes. In 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 occupied since 1967. Since 2005 he chairs the Board of the Nuclear Age Peace Foundation.
[Prefatory Note: The following interview is in responses to questions addressed.to me by Kayhan New Agency in Iran. It is focused on an interpretation of how the forthcoming American elections are likely to affect Iran, and the policies toward the current combat zone involving Gaza, the West Bank, and Lebanon. X/0]
Kayhan Interview. 10/9/24
1-What impact does the U.S. election have on the Middle East (Israel-Palestine-Iran)?
Unless Trump is elected, which seems now shamelessly plausible, I see no prospect of change. If Trump is elected, he is more likely to encourage Israel to escalate tensions with Iran by way of an all-out military attack on Gaza and Iran, encouraging the use of a 30k blockbuster bomb and even a missile with a nuclear warhead directed at Iran’s nuclear facilities.
There are also dangers of such a scenario unfolding if Harris are elected, but somewhat less so. It could be brought about by the Netanyahu government exerting provocative pressures by way of alleged intelligence reports that Iran poses an existential threat to Israeli security and currently possesses nuclear weapons or is close to crossing that red line.
It may be that Iran’s conduct in the aftermath of the elections held on 5 November will have some effect in either calming or. agitating bellicose impulses. If the new President of Iran makes a determined diplomatic effort in the region, possibly centered on cultivating positive relations with Turkey, Egypt, and Saudi Arabia, it could alter Israel’s calculations, but nothing is certain and nothing should be taken for granted or assumed.
2-The effects of current events in the Middle East on the American elections?
Recent developments in the Middle East, especially the Gaza genocide and the expansion of the Gaza combat zone to the West Bank in Israel and to neighboring countries including Lebanon, Iran, Syria, Iraq, and Yemen are having very little impact on the American election, except for the Muslim-American minority and a small group of progressive individuals, including especially younger Jews. However, this numerically small
number compared to the size of the national voting public it could have an impact greater than one would expect because of its influence in battleground states. This reflects the concentration of Muslim-Americans is parts of the country where the electoral competition is very close, and the failure of these normally pro-Democratic voters to support Harris are strengthening Republican prospects, and hence heightening prospects for a Trump victory. The American electoral system is such that the winner is not chosen by the candidate with the most votes, but by a complex weighted system that gives each state, based on population a certain number of votes, which are so allocated as to give advantages to rural and small states where Trump is most popular.
3-Why student protests have been silenced in America and we dont see any protests in universities?
These protests have not yet been completely ‘silenced’ but certainly have been the targets of pressure from administrators of higher education and the Zionist, pro-Israeli, networks of influence.
Major donors to universities throughout the country with strong Israeli sympathies and ties have exerted their influence, usually hidden from public view. Israeli influence with American political elites is strong within the government and strong private sector lobbies (including military industries, energy). Students and faculty are intimidated, with pro-Palestinian activism leading to negative impacts on their career prospects. At the same time these protest sentiments remain strong among the more educated youth of America, although apparently dormant in the immediate period ahead. It would not be a surprise if a progressive movement outside the two-party system emerges in the near future, and becomes a real force in American political life.
4-Western countries state that the attack by Hamas on October 7 was a violation of human rights laws; Do you think the behavior of the Palestinians was a violation of the law?
Even after a year it remains difficult to have an accurate description of the events on October 7. There needs to be a trustworthy international investigation and report, although this will be opposed by Israel, and without such clarification it will be difficult to make a reliable assessment.
On the basis of what we know or are tole, it is the judgment of the most objective international law experts that Hamas had a right of resistance against an abusive and unlawful occupation of Gaza that had persisted since it was occupied in course of the 1967 War, but that atrocities committed during the attack should be considered legally prohibited, and the perpetrators held accountable. The Prosecutor of the International Criminal Court recommended to a Sub-Chamber of the ICC that ‘arrest warrants’ be issued for three Hamas leaders on the basis of this legal reasoning, and also for Israeli leaders on a similar basis in the course of their retaliatory onslaught.
My own view accepts the obligation of claimants of a right of resistance, regardless of how strong their entitlement to resist, to comply with the laws of war and international human rights law with respect to the deliberate killing of women and children. Hamas culpability this regard is minor if compared to the magnitude and severity of Israel’s genocidal response, but still criminal.
The division in the world between Palestinian and Israeli supportive governments and political movements exhibits the civilizational dimension of Middle East conflict zone that follows a conflict pattern of the West against Islamic societies. This recalls Samuel Huntington’s 1993 prediction that after the Cold War that there would not be peace, but ‘a clash of civilizations’ situated along the fault lines separating the West from various geographies of the Islamic non-West.
5-What is your opinion about Iran’s attack on Israel and was it Iran’s right to attack Israel?
I am not familiar with the scale, targeting, damage, and details, but Israel had repeatedly provocatively attacked Iran previously without being itself attacked first, recently most strikingly by its assassination of the Hamas leader, Issmail Haniyeh, while he was visiting Iran to attend the inauguration of Massoud Pezeshkian as the new president. Iran certainly had a reprisal right, although the law of the Charter creates some ambiguity limiting international uses of forces to situation of self-defense against a prior armed attack (see UN Charter, Article 2(4), 51). Yet since many countries have claimed such a retaliatory right of reprisal it seems persuasive to argue that the Charter has been superseded by international practice, and the applicable tests of legality are related to such customary norms as proportionality, discrimination (as to targeting), and humanity (as to civilian innocence).
6-Why, despite the widespread protests in the United States? However, the United States still provides massive financial and military aid to Israel?
On the Middle East agenda, the US government is not being responsive to the people. The latter favor by a sizable majority a permanent ceasefire and a more balanced overall US approach to Israel and Palestine. Yet, the special interests associated with military sales and the policy goals of pro-Israeli lobbying organizations, especially AIPAC, are being accommodated by political elites in the US, and in most European countries.
The US situation is one where the pro-Israeli influence on politics is not balanced by pro-Palestinian influence in the venues of governmental authority (Congress, Presidency), which means that politicians have nothing to gain, and much to lose, if they are sympathetic to Palestinian grievances. Israel has effectively manipulated Diaspora Jews to make strong unconditional commitments to Israel financially and politically. Finally, the Holocaust and antisemitism continue to be deployed to punish those who go out of line by supporting Palestine or Iran.
7-What do you think about Iran’s behavior in supporting Palestine and Lebanon?
If you have any comments or suggestions. opinion, please write to us
I think such support as Iran has given, which is not known with any precision, is far less than what Israel and its Arab friends have received, and is thus legitimate as a reasonable balancing involvement. Beyond this, by supporting Lebanon and the Palestinian struggle Iran is on the right side of history and of morality, while the US and the former coloniall powers of Europe are supporting the prime instance of 21st Century ‘settler colonialism’ and it genocidal disposition of the majority native population.
Richard Falk
Richard Anderson Falk (born November 13, 1930) is an American professor emeritus of international law at Princeton University, and Euro-Mediterranean Human Rights Monitor's Chairman of the Board of Trustees. He is the author or coauthor of over 20 books and the editor or coeditor of another 20 volumes. In 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 occupied since 1967. Since 2005 he chairs the Board of the Nuclear Age Peace Foundation.
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