Sunday, June 02, 2024

Mass Media, Social Media, and the New Civil War

 MAY 31, 2024

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Photograph by Nathaniel St. Clair

How close are we to being in the movie?

Leila and I went to the Baghdad Theater, down the road from our apartment in Portland, Oregon, to see the new film, Civil War, a few weeks ago.  There were a few pieces of dialogue where I wished I could have been on the writing team to make some minor improvements, but overall it was an excellent movie.

The story itself was a good one — at least to the extent that what was happening could really be understood.  What was at least as good as the story was how it was told, which was to throw the viewers into the middle of the action and let us try to figure out along the way what’s going on in this familiar but fictional American landscape.

Relentlessly seeing their world from the viewpoint of the immediate was, I think, a brilliant storytelling device for this tale of conflict in particular, because it evoked the sensation we might get from trying to understand world events by looking at our social media feed — with nothing put into context, no history, no sense of place.

The scenario depicted in the film seems like something along the lines of how things might conceivably be going around two years after someone along the lines of Donald Trump refused to abdicate the presidency.

If at any point during the film you thought you had a clear understanding of which of the various political factions, armies or terrorist groups represented what kind of perspective, you’d be thrown for a loop, with moral ambiguity appearing from every direction.  If, like me, you’ve become accustomed in the real world or on social media to being attacked by elements of both the right and the left, all the confusion seems exceedingly appropriate.

It seems to me the pressure cooker situation we’re in — designed for us by the combination of an ever-growing divide between the haves and the have-nots along with a political system that facilitates the continuation of that process, a mass media that tries to direct our attention elsewhere, and social media algorithms and censorship practices that have the tendency of siloing us all off into various intolerant sociopolitical sects — has all the ingredients necessary for making the movie a reality.  The main elements temporarily lacking are the right political circumstances and the right combinations of authoritarian leaders.

It’s been less than two decades since a handful of billionaires almost completely hijacked our primary means of communication as well as our primary means of understanding the world around us.  In that space of time, the world has endured many wars, fires, floods, and famines, among other things, and these things certainly can’t all be blamed on social media, any more than they can all be blamed on climate change.

But if you were trying to socially engineer an atmosphere ripe for the kind of conflict portrayed in the movie, I’m not sure if you could do much better than the kingpins of social media, and of our polarized, politicized mass media landscape, have done already.

The magic of capitalism and the converging interests of the billionaire media and social media moguls is such that they don’t need to get together and collude to create this disaster.  If they just follow their political and economic interests, the disaster will largely create itself.

But in my imagination, the American oligarchs are all on friendly terms and have meetings together where they speak openly.

One billionaire says to another, “as we destroy and reshape the world’s industries in our favor and remake societies so we can reap heretofore unknown degrees of profit from every interaction humans have with each other, how are we going to effectively keep them distracted from the massive siphoning of their wealth upwards that we’re engineering?”

Another responds, “how about your TV network blames the racists, sexists, and homophobes for all the problems of society, and my network blames the anarchists, terrorists, and immigrants?”

Another billionaire chimes in, “and then we’ll set up the social media algorithms so people mainly see the heated arguments far more often than the reasonable discussions.  That’s good for business and good for keeping the population appropriately distracted and divided, as we do our dirty work of taking over their minds and siphoning up their money.”

“And let’s be sure to focus our media coverage and social media algorithms on centering conflicts related to culture war issues, while any discussions or activism around class issues are systematically suppressed,” adds another.

“Yes, because if they were to all realize that we’re responsible for all of their rents tripling, regardless of their race, gender, or opinions about marriage equality, it would be pitchforks for us billionaires!  Let’s keep them all divided and profitable instead,” says another.

In a way, I wish such conversations just like this actually took place, because we could then imagine the capitalists had a master plan, that couldn’t possibly end in civil war and rampant destruction of everything.  But I’m afraid the workings of the free market, and a political elite captured by it, has a logic that doesn’t require any leadership, but can fabricate the appearance of it, since that’s often useful.

With humans in control, consciously, on a meta level, rather than just as overseers of whatever little aspect of the machine of corporate hegemony they’re responsible for, then there might be the possibility of leaders acting on their observation that this madness isn’t sustainable.  But I see no indication that this kind of leadership exists, or even might be possible, under capitalism.

And so the best the progressive politicians can seem to do is to improve some social programs around the edges of the housing crisis, which then renders all their progressive efforts inert.  They can’t take on the housing crisis itself, since it was the developers and real estate barons that put them into office in the first place.

The best the polarized mass media networks can do is blame the other side of the aisle for everything, without highlighting the fact that the same economic crisis is happening everywhere, in states “red” and “blue,” for the same reasons.  But it may be some excellent investigative journalists uncovering the dirt on the other party, even as they are unwittingly part of this propaganda game.

Meanwhile on social media, the tribalization algorithms, the systematic suppression of so much content deemed troublesome to the corporate elite, along with amnesia-inducing aspects of the news feed phenomenon work their dark magic year in and year out, creating the kinds of paralyzing social divisions that Machiavelli could have only dreamed of.

Once again, it would be unfair to assign a single cause to a complex array of developments, but there are very credible studies linking the dominance of social media directly to the rise in mental illness and suicide among young people.  Although political violence is not new, there are also clear links between disinformation campaigns on social media and all kinds of political/racial/ethnic violence in many different countries.

There would be no need for an organized campaign in many cases to achieve the ends that less intentional-seeming mechanisms such as conflict-enhancing algorithms can reach.  Without any extra help, I would say these algorithms — and the disinformation or very partial pieces of information detached from any larger realities that they actively, methodically promote — could be the biggest single cause of the stunning rise in political violence in so many countries.

There have been three thousand reported incidents of political violence in Germany in the past year, with both left- and right-wing candidates attacked while campaigning.  Two members of the British parliament stabbed to death — one progressive, one conservative.  Quite a number of serious assaults against members of the US Congress, including two shootings, and one siege.  Scores of incidents of drivers ploughing into crowds of protesters in recent years in the US.

What happens next?  Go watch the movie.

David Rovics is a frequently-touring singer/songwriter and political pundit based out of Portland, Oregon.  His website is davidrovics.com.
Following ICJ and ICC Actions, Sanctions and Arms Embargo Are Crucial Next Steps

The ICJ ordered Israel to halt its Rafah assault and the ICC prosecutor sought arrest warrants for Israeli officials.
June 2, 2024
Source: TruthOut





Seven months into its genocidal campaign, Israel’s assault on Rafah led the International Court of Justice (ICJ) to issue a preliminary order on May 24. The court called on Israel to “Immediately halt its military offensive, and any other action in the Rafah Governorate, which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part.” It also ordered Israel to keep the Rafah crossing open and permit United Nations investigative commissions to enter Gaza and investigate allegations of genocide.

In addition, mounting Israeli atrocities propelled Karim Khan, chief prosecutor of the International Criminal Court (ICC), to seek arrest warrants on May 20 against top Israeli officials.

The ICC “made the first truly historic move since its establishment in 2002” by seeking arrest warrants against Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and three prominent leaders of Hamas, Professor Richard Falk wrote.

“The ICJ and ICC confirmed this week that international action is needed because Israel will not hold itself accountable and will not voluntarily end its crimes,” said Raed Jarrar, advocacy director for Democracy for the Arab World Now (DAWN).
The Rafah Tent Massacre

But just minutes after the ICJ ruled that Israel must halt its military offensive in Rafah, Israel intensified its bombing of the city. Two days later, on May 26, Israeli bombs targeted a tent encampment in a “humanitarian safe zone” in the Tal al-Sultan neighborhood of Rafah, where Israel had instructed displaced Palestinians to shelter. The airstrikes killed nearly 45 Palestinians, mostly women and children.

The bombing caused “a large inferno and massive casualties, including children who were burned alive in a sea of flames,” Michel Moushabeck wrote at Truthout. Video recordings circulating on social media show “a headless child, charred bodies of children, women and children frantically running in all directions trying to escape the fires,” he added. “They bring Israeli atrocities in Gaza to a new level of unspeakable cruelty and horror.”

On May 28, two days after the Rafah tent massacre, Israeli tanks began rolling into central Rafah, in an escalation of Israel’s offensive.

Since October 7, 2023, Israel has conducted a full-fledged genocide in Gaza, killing more than 36,000 Palestinians. The death toll will invariably rise as untold numbers of people are trapped under the rubble. Over 80 percent of the people in Gaza have been displaced from their homes and more than half of Gaza’s population of 2.3 million are believed to be sheltering in Rafah. In spite of the ICJ’s previous orders of provisional measures (temporary injunctions) on January 26 and March 28 , Israel continues to commit war crimes, genocide and crimes against humanity in the occupied Palestinian territory.
ICC Prosecutor’s Request for Arrest Warrants

The Rafah tent massacre also came days after Prosecutor Khan asked the ICC to issue arrest warrants for Netanyahu and Gallant for the war crimes of starvation of civilians as a method of warfare, willful killing and murder, willfully causing great suffering or serious bodily injury, and intentionally directing attacks against a civilian population. Khan also seeks warrants against them for the crimes against humanity of extermination and/or murder, persecution, and other inhumane acts.

Khan requested arrest warrants for Hamas leaders Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri, and Ismail Haniyeh for the war crimes of taking hostages, cruel treatment and outrages upon personal dignity. He also asked for arrest warrants against the three men for the crimes against humanity of extermination, murder, rape and other sexual violence, torture, and other inhumane acts.

Netanyahu described Khan’s request for arrest warrants for him and Gallant as “a moral outrage of historic proportions” and a “travesty of justice” that sets “a dangerous precedent” and flies in the face of Israel’s right to self-defense.

U.S. President Joe Biden likewise blasted Khan’s action against the two Israeli leaders, calling it “outrageous.” This marked “the first time in U.S. history that a sitting president has openly sided with suspected war criminals against the ICC,” Stephen Zunes wrote at Truthout.

Biden also stated, “Whatever this prosecutor might imply, there is no equivalence — none — between Israel and Hamas.” Ironically, Hamas is outraged at the equivalency in calling for charges against both Israeli and Hamas leaders, noting that it “equates the victim with the executioner.”

Indeed, Falk noted, “There is no proper equivalence between the one-off attack of October 7, despite its atrocities, and the seven-month Israeli campaign of death and devastation in Gaza.”

Furthermore, contrary to Netanyahu’s claim, Israel as an occupying power does not have the right to self-defense in the territory it occupies. In its 2004 advisory opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, the ICJ established the non-applicability of “self-defence” under Article 51 [of the UN Charter] in the situation between Israel and the occupied Palestinian territory.

Meanwhile, Hamas said it has the right to resist the Israeli occupation, including through “armed resistance.” In 1983, the UN General Assembly reaffirmed “the legitimacy of the struggle of peoples for their independence, territorial integrity, national unity and liberation from colonial domination, apartheid and foreign occupation by all available means, including armed struggle.”
Biden’s Shifting “Red Line” Enables Continuing Genocide

In early May, Biden said in a CNN interview that if Israel mounts a full-scale invasion of the Rafah, “we’re not going to supply the weapons and artillery shells.”

Two days after the vicious Israeli attack in Tal al-Sultan, however, the White House declared that Israel had not crossed a “red line” to warrant a change in U.S. policy, although administration officials called the attack “heartbreaking,” “tragic” and “horrific.”

White House Spokesperson John Kirby said, “We still don’t believe that a major ground operation in Rafah is warranted.” But The Washington Post confirmed on May 31 that “Israeli forces have begun to push into Rafah’s most populated areas in recent days, razing scores of buildings along the way.”

“Israeli commandoes backed by tanks and artillery were operating in central Rafah, the Israeli military said in a statement, without specifying precise locations,” The New York Times reported on May 31. “On [May 29], the Israeli military said it had established ‘operational control’ over the border zone with Egypt, an eight-mile-long strip known as the Philadelphi Corridor, on the outskirts of Rafah.”

Moreover, Israel used a U.S.-made bomb in its massacre in Tal al-Sultan. The Washington Post reported that, “Four weapons experts said the Israeli military used a U.S.-made precision bomb in a strike that killed at least 45 people in southern Gaza on Sunday, after reviewing visual evidence.”

The massacre came a few weeks after a State Department report concluded it was “reasonable to assess” Israel had used U.S. weapons in manners “inconsistent” with international law. Days after that report was issued, the Biden administration announced it would send Israel an additional $1 billion in weapons and ammunition.
Khan Should Have Sought Warrants for Crime of Genocide

The ICC’s Rome Statute provides for prosecution for war crimes and crimes against humanity. But it also punishes the crime of genocide. In spite of the ICJ’s January 26 ruling finding that Israel was plausibly engaging in genocide, Khan did not seek arrest warrants for genocide for Netanyahu and Gallant.

Raji Sourani, general director of Palestinian Centre for Human Rights said in a statement: “The Prosecutor’s application for arrest warrants for the Israeli Prime Minister and Minister of Defense is an important step towards accountability for the commission of serious international crimes under the Rome Statute, despite coming after 226 days of live broadcasted genocide, where Israel killed over 35,000 Palestinians, wounded more than 75,000 others, displaced 90 percent of the population, starved the civilian population and destroyed the whole Strip.” Sourani urged the ICC prosecutor to secure “arrest warrants for the crime of genocide given the staggering evidence of genocidal acts and intent made by top Israeli officials.”

Richard Falk concurred. Calling the crime of genocide “the elephant in the room,” Falk wrote, “Over time I suspect that the failure to address ‘genocide’ will be regarded as the most shocking weakness in the prosecutor’s formal statement.”

Nevertheless, Falk emphasized the significance of the two international judicial developments to the movement to protect the rights of the Palestinian people.

“The importance of the ICJ, and potentially the ICC, is to strengthen the growing tide of support for Palestinian rights around the world, alongside an emerging consensus of the sort that contributed to the American defeat in Vietnam and doomed the South African apartheid regime,” Falk wrote at Middle East Eye. “If the Palestinian people finally realise their basic rights, it will be thanks to the resistance of those victimised, as reinforced by the transnational activism of people everywhere.”

There are calls for the international community to impose sanctions and an arms embargo on Israel. “The Court’s clear and unequivocal ruling ordering a halt to Israel’s military offensive in Rafah leaves no ambiguity about what should follow: an arms embargo on Israel,” said Sarah Leah Whitson, DAWN’s executive director. “Continued U.S. arms transfers to Israel would constitute deliberate defiance of the Court’s orders and make our government complicit in genocide.” DAWN’s Jarrar added, “The international community has an obligation to use pressure and sanctions to force Israel to end its atrocities, just as it used pressure and sanctions to force South Africa to end apartheid.”

The Untold ICC Story


 
 MAY 31, 2024
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International Criminal Court Prosecutor Karim Khan (center) announces that he has requested arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, as well as Hamas leaders Yahya Sinwar, Mohammed Deif and Ismail Hanuyeh, May 20, 2024. (Courtesy International Criminal Court).

Even the most optimistic of political analysts did not expect that the International Criminal Court’s Chief Prosecutor would be uttering these words:

“I have reasonable grounds to believe that Benjamin Netanyahu (…) and Yoav Gallant (…) bear criminal responsibility for (…) war crimes and crimes against humanity …”

Aside from the two Israelis, Karim Khan has included three Palestinians on his application requesting arrest warrants from the ICC’s Pre-Trial Chamber. That is important, but we must remember that, per western thinking, Palestinians have always been the guilty party.

Evidence of the above claim is that the west has long portrayed Israel as a country at war in self-defense. Consequently, Palestinians – though occupied, dispossessed and disinherited – are the aggressors.

This bizarre logic is not strange if seen within the larger power paradigm which has defined the west’s relationship with Palestine and, by extension, the Global South.

For example, out of 54 individuals indicted by the ICC since its inception in 2002, 47 are Africans, a fact that has rightly agitated governments, civil societies and intellectuals throughout the Global South for many years.

On Western duplicity, Aimé Césaire, a Martinican intellectual and politician, wrote, “they tolerated (..) Nazism before it was inflicted on them, they absolved it, shut their eyes to it, legitimized it, because, until then, it had been applied only to non-European peoples”.

WWII inspired new thinking on the part of the west. The International Court of Justice (ICJ), the ICC, among others, have been the direct outcome of that terrible western war. It was the west’s way of trying to protect the new status quo which was established by the victors.

The Global South joined in anyway. “Africa had a particular interest in the establishment of the court, since its peoples had been the victims of large-scale violations of human rights over the centuries,” a representative of the Organization of African Unity said in Rome, the birthplace of the Rome Statute, in 1998.

Predictably, however, the ICC turned into a platform where former colonial masters cast judgment on the non-European world. In that sense, justice was hardly served.

As always, Palestine has, and continues to serve as the litmus test of the international order. For over 15 years, Palestinians have been seeking to enlist the ICC’s help to hold Israel accountable for its military occupation and various crimes in Palestine.

The Palestinians have done so simply because any attempt at establishing a practical mechanism to end the Israeli occupation through the United Nations has been met with a cruel American veto.

As the Israeli occupation turned into a permanent one, and racial apartheid spread its tentacles to cover every inch of Palestine, the US’ support of Israel has become a first line of defense against any international criticism, let alone action, aimed at reining in Israel.

Even though the US has refused to join the ICC, it still has great influence over the organization, either through sanctions or pressure imposed by its allies which are members of the Court.

Thus, the ICC procrastinated. Decisions that should have taken only months, took years to be made. The institution, which was created to deliver swift justice, became a bureaucratic legal apparatus that did everything in its power to escape its responsibilities towards the Palestinians.

The persistence of Palestinians and the massive solidarity they have obtained from countries throughout the Global South, eventually paid off.

In 2009, Palestinians filed their first application to join the ICC. Yet, it took over three years for then-Prosecutor Luis Moreno Ocampo to reach his decision, in 2012, denying Palestinians such urgent membership on the account of their legal status as mere observers at the UN.

The rest of the world rallied behind Palestine again and, later that year, the UN General Assembly granted Palestine its ‘non-member observer state’ status.

It took another three years for Palestine to officially join the ICC. Four years later, in 2019, then-Prosecutor Fatou Bensouda stated that the so-called statutory criteria needed to begin an investigation in Palestine were satisfied. But, instead of opening an investigation, Bensouda sent the matter back to the Pre-Trial Chamber for further confirmation.

An official investigation was not opened until March 2021, but was grounded to a halt when Karim Khan replaced Bensouda as the chief prosecutor later that year.

So what happened between March 2021 and May 20, 2024 that allowed the ever-reluctant Khan to go as far as requesting arrest warrants?

First, the Israeli genocide in Gaza, where victims are measured in the tens of thousands.

Second, the credibility of the west-enshrined legal system which has governed the world since WWII, was at stake. This explains the emphasis made by Khan in his May 20 statement: “If we do not demonstrate our willingness to apply the law equally (…) we will be creating the conditions for its collapse.”

Third, the solidarity of the Global South, which has served as the backbone of all Palestinian efforts at international legal institutions.

After decades of a one-sided approach to global conflicts, the pendulum is finally shifting. Indeed, when we say that Gaza is changing the world, we mean it.

Ramzy Baroud is a journalist and the Editor of The Palestine Chronicle. He is the author of five books. His latest is “These Chains Will Be Broken: Palestinian Stories of Struggle and Defiance in Israeli Prisons” (Clarity Press, Atlanta). Dr. Baroud is a Non-resident Senior Research Fellow at the Center for Islam and Global Affairs (CIGA), Istanbul Zaim University (IZU). His website is www.ramzybaroud.net

 

When Nicaragua Took Germany to Court, Media Put Nicaragua in the Dock


When Nicaragua accused Germany of aiding and abetting Israel’s genocide in Gaza at the International Court of Justice (ICJ) last month, readers of corporate media might have seriously wondered whether Nicaragua’s case had any legitimacy.

The case targeted Germany as the second biggest supplier of arms to Israel, because the US, Israel’s biggest supplier, does not accept the court’s jurisdiction on this issue. The object (as Nicaragua’s lawyer explained) was to create a precedent with wider application – that countries must take responsibility for the consequences of their arms sales to avoid them being used in breach of international law.

Many in corporate media took a more jaundiced view. The Financial Times led by telling readers, “The authoritarian government of Nicaragua accused Germany of ‘facilitating genocide’ in Gaza at the opening of a politically charged case.” The second paragraph in a New York Times article cited “experts” who saw it “as a cynical move by a totalitarian government to bolster its profile and distract attention from its own worsening record of repression.” The Guardian qualified its comment piece by remarking that “Nicaragua is hardly a poster child when it comes to respect for human rights.”

Double standards are evident here. If the US government were to do what it has failed to do so far, and condemn Israel’s genocidal violence, Western corporate media would not remind readers of US crimes against humanity, such as the Abu Ghraib tortures, extraordinary renditions or the hundreds imprisoned without trial at Guantánamo. It’s hard to imagine Washington would be accused of “hypocrisy” (Guardian) for calling out Israel’s crimes. Any condemnation of Israel by the US or one of its Western allies would be taken at face value—in clear contrast to the media’s treatment of such action by an official enemy country like Nicaragua.

Of establishment media, Spain’s El Pais was perhaps the most vitriolic in its portrayal of Nicaragua. Its piece on the court case was headlined “The Worst Version of Nicaragua Against the Best Version of Germany.” “The third international court case on the Gaza war pits a regime accused of crimes against humanity against a strong and legitimate democracy,” the piece explained. “It may be a noble cause, but its champion couldn’t be worse.”

The paper commented rather oddly that Germany was “at its finest” arguing the case, and that its “defense against Nicaragua’s charges is solid and its legitimacy as a democratic state is unassailable”—a comment presumably intended to contrast its legitimacy with “the Nicaraguan dictatorship.”

In addition to its article cited above, the New York Times had a report more focused on the case itself. However, it was CNN and Al Jazeera that stood out as covering the case on its own merits rather than being distracted by animosity toward Nicaragua.

The negative presentation in much of the media was repeated when, later in April, they headlined that Nicaragua’s request had been “rejected” by the ICJ, with the New York Times again remembering to insert a derogatory comment about Nicaragua’s action being “hypocritical.” These followup reports largely overlooked the impact the case had on Germany’s ability to further arm Israel during its continued assault on Gaza.

Nicaraguan ‘Nazis’

Corporate media had been gifted their criticisms of Nicaragua by a report published at the end of February by the UN Human Rights Council. A “group of human rights experts on Nicaragua” (the “GHREN”) had produced its second report on the country. Its first, last year, had accused Nicaragua’s government of crimes against humanity, leading to this eyebrow-raising New York Times headline: “Nicaragua’s ‘Nazis’: Stunned Investigators Cite Hitler’s Germany.”

The GHREN’s leader, German lawyer Jan-Michael Simon, had indeed likened the current Sandinista government to the Nazis. Times reporter Frances Robles quoted Simon:

“The weaponizing of the justice system against political opponents in the way that is done in Nicaragua is exactly what the Nazi regime did,” Jan-Michael Simon, who led the team of U.N.-appointed criminal justice experts, said in an interview.

“People massively stripped of their nationality and being expelled out of the country: This is exactly what the Nazis did too,” he added.

It’s quite an accusation, given that the Nazis established over 44,000 incarceration camps of various types and killed some 17 million people. Robles gave few numbers regarding the crimes Nicaragua is accused of, but did mention 40 extrajudicial killings in 2018 attributed to state and allied actors and noted that the Ortega government had in 2023 “stripped the citizenship from 300 Nicaraguans who a judge called ‘traitors to the homeland.’”

Robles also quoted Juan Sebastián Chamorro, a member of the Nicaraguan oligarchic family who are among the Sandinista government’s fiercest opponents; Chamorro claimed there was evidence of “more than 350 people who were assassinated.” Even if true, this would seem to be a serious stretch from “exactly what the Nazis did.”

Like most Western reporters, Robles—who also wrote the recent ICJ piece for the Times—gave no attention to the criticisms of the GHREN’s work by human rights specialists who argued that the GHREN did not examine all the evidence made available to it and interviewed only opposition sources. For example, former UN independent expert Alfred de Zayas castigated its first report in his book The Human Rights Industry, calling it a “political pamphlet” intended to destabilize Nicaragua’s government.

Even if one takes the GHREN account at face value, the Gaza genocide is at least 100 times worse in terms of numbers of fatalities, quite apart from other horrendous elements, such as deliberate starvation, indiscriminate bombing, destruction of hospitals and much more. It’s unclear why the accusations against Nicaragua should delegitimize the case against Germany.

Hague history

Many media reports did mention Nicaragua’s long history of support for Palestine—which undermines the accusation of cynicism underlying the case—but few noted the Latin American country’s history of success at the Hague. As Carlos Argüello, the Nicaraguan ambassador to the Netherlands who took the lead at the ICJ, pointed out, Nicaragua has more experience at the Hague than most countries, including Germany. This began with its pioneer case against the US in 1984, when it won compensation of £17 billion (that was never paid) for the damage done to Nicaragua by the US-funded Contra war and the mining of its ports.

One notable exception to that historical erasure came from Robles at the Times, who did refer to the 1984 case. But the point was clearly not to remind readers of US crimes or to demonstrate that Nicaragua is an actor to be taken seriously in the realm of international law. The two academics she quoted both served to portray the current case as merely “cynical.”

The first, Mateo Jarquín, Robles quoted as saying that the Sandinista government has “a long track record…of using global bodies like the ICJ to carve out space for itself internationally—to build legitimacy and resist diplomatic isolation.” Robles didn’t disclose Jarquín’s second surname, Chamorro. Like her source in the earlier article, he is a member of the family that includes several government opponents.

Robles also quoted Manuel Orozco, a former Nicaraguan working at the Washington-based Inter-American Dialogue, whose major funders include the US Agency for International Development and the International Republican Institute, notorious for their role in promoting regime change, including in Nicaragua. Orozco told Robles that “Nicaragua lacks the moral and political authority to speak or advocate for human rights, much less on matters of genocide.”

“Effectively siding with Germany”

On April 30, the ICJ declined to grant Nicaragua its requested provisional measures against Germany, including requiring the cessation of arms deliveries to Israel. Headlining this outcome, the Associated Press said the court was “effectively siding with Germany.” The outlet did, however, continue by explaining that the court had “declined to throw out the case altogether, as Germany had requested” and will hear arguments from both sides, with a resolution not likely to come for years.

That was better than NPR’s report, which only mentioned that the court was proceeding with the case in its final paragraph.

But German lawyer and professor Stefan Talmon clarified that the court’s ruling “severely limits Germany’s ability to transfer arms to Israel.”

“The court’s order was widely interpreted as a victory for Germany,” Talmon commented. “A closer examination of the order, however, points to the opposite.” He concluded that although the ICJ did not generally ban the provision of arms to Israel, it did impose significant restrictions on it by emphasizing Germany’s obligation to “avoid the risk that such arms might be used to violate the [Genocide and Geneva] Conventions.”

And Talmon pointed out that the court appeared to make its decision that an order to halt war weapons shipments was unnecessary based on Germany’s claim that it had already stopped doing so.

“By expressly emphasizing that, ‘at present’, circumstances did not require the indication of provisional measures, the Court made it clear that it could indicate such measures in the future,” Talmon wrote.

Establishment media, seemingly distracted by the “hypocrisy” of Nicaragua challenging a country whose “legitimacy as a democratic state is unassailable,” mostly failed to notice that its legal efforts were therefore at least partially successful: It forced Germany to back down from its unstinting support for Israel’s genocide in Gaza, and alerted German politicians to the fact that they are at risk of being held accountable under international law if they transfer any further war weapons.

• First published in FAIR (Fairness and Accuracy in Reporting)Facebook

John Perry is based in Masaya, Nicaragua and writes for the London Review of Books, Covert Action, Council on Hemispheric Affairs, Fairness & Accuracy in Reporting, Counterpunch, The Grayzone and other publications. Read other articles by John.