II. LEGALIST/UN APPROACH International treaties that deal with terrorism on civil aircraft call for cooperation in apprehending suspects and allow for their subsequent indictment and prosecution by national courts. Such laws could in theory be invoked to capture Osama bin Laden and his leading associates and charge them with international crimes, including crimes against humanity. A tribunal could be constituted under the authority of the United Nations, and a fair trial could then be held that would avoid war and the ensuing pain, destruction and associated costs. The narrative of apocalyptic terrorism could be laid before the world as the crimes of Nazism were bared at Nuremberg.
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Turkey's Finest Hour?
Richard Falk: The sick man of Europe gets a jolt of life, but will it last?
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Questionable Verdict
Richard Falk: Even the most naive American voter cannot be expected to see the morally, legally and politically questionable death sentence given to Saddam Hussein a milestone in the Bush Administration's illegal war in Iraq. As the milestones pile up, so do the bodies.
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Gone Nuclear: How the World Lost Its Way
Richard Falk, Mary Kaldor, Randall Caroline Forsberg & George Perkovich: As the world reacts to news of North Korea's underground nuclear test, a crucial anniversary is observed: Twenty years ago at the Reykjavik Summit, Ronald Reagan and Mikhail Gorbachev outlined a vision for a non-nuclear world. What went wrong? In this Nation forum, four experts from the nonproliferation movement discuss how to put disarmament back on the world's agenda.
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The UN After Lebanon
Richard Falk: The UN's mixed record on the war in Lebanon proves we should lower our expectations of what it can meaningfully achieve.
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The Circle of Responsibility
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Storm Clouds Over Iran
Richard Falk: The confrontation with Iran is a wakeup call to states that possess nuclear weapons: In a world of nuclear apartheid, multilateral disarmament is the only course of action that can succeed.
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Gaza Illusions
Richard Falk: Disengagement represents a dangerous step backward in the struggle to find a just peace for Israelis and Palestinians and leaves many core issues unresolved.
Yet at this stage it is unreasonable to expect the US government to rely on the UN to fulfill its defensive needs. The UN lacks the capability, authority and will to respond to the kind of threat to global security posed by this new form of terrorist world war. The UN was established to deal with wars among states, while a transnational actor that cannot be definitively linked to a state is behind the attacks on the United States. Al Qaeda's relationship to the Taliban regime in Afghanistan is contingent, with Al Qaeda being more the sponsor of the state rather than the other way around.
Undoubtedly, the world would be safer and more secure with a stronger UN that had the support of the leading states in the world. The United States has for years acted more to obstruct than to foster such a transformation. Surely the long-term effects of this crisis should involve a new surge of support for a reformed UN that would have independent means of financing its operations, with its own peacekeeping and enforcement capabilities backed up by an international criminal court. Such a transformed UN would generate confidence that it could and would uphold its charter in an evenhanded manner that treats people equally. But it would be foolish to pretend that the UN today, even if it were to enjoy a far higher level of US support than it does, could mount an effective response to the September 11 attacks.
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