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Dr. Binoy Kampmark is a senior lecturer in the School of Global, Urban and Social Studies, RMIT University. He was a Commonwealth Scholar at Selwyn College, University of Cambridge. He is a contributing editor to CounterPunch and can be followed at @bkampmark.

Liz Truss and the West: A Failed Former Prime Minister Speaks

It is unfortunate that column space should be dedicated to Britain’s shortest termed prime minister and, arguably, one of its most imbecilic and cringingly juvenile. But given that some people still sympathise with her and her views, it falls to one to tackle her latest work which resembles other types of the gloomy genre warning that action, if not taken now, will result in civilisational catastrophe. 

From the outset, the premise of Ten Years to Save the West is confused. She declares the work is not a political memoir so much as “a call to action for fellow conservatives who believe in our nation and our way of life and who share my frustration at what has been going wrong with our politics and governance.” But the aggrieved memoirist, rather than a sound political thinker, dominates the narrative.

In Ten Years to Save the West, Truss gives us what The Daily Telegraph describes as a “romp”. Certainly, it is not like other prime ministerial accounts more likely to induce a mild coma or soporific escape. She did have a mere 49 turbulent days in Number 10, a time so short it did not enable her to move in her furniture. During that spell, she managed to tank the British economy and cripple the Tory party. In a span of just over a month, her policies pushed 13% of Tory voters towards Labor.

Truss never tires of telling us that everything was stacked against her. In all the ministerial positions she occupied in government, she claims to have been a radical stymied by a host of forces. She faced opposition in the education portfolio. As environmental secretary, she battled Tory colleagues afflicted with “climate fever” while fighting off the Marxist climate lobby. She might have secured a UK-US Free Trade Agreement with the Trump administration were it not for her wretched colleagues.

Whatever undercooked notions she had – a loose collection of economic musings that came to be called Trussonomics – she laments the “sheer power of the administrative state and its influence on the markets and the wider polity.” But she has the order the wrong way around. The very markets that she sees as the state’s salvation – at least in terms those operating in them – had no confidence in her. It was her Tory idol, Margaret Thatcher, who endorsed the view that the state had a minimal role to play when it came to meddling in finance and money markets. Release the forces, cut back the state’s fetters. The libertarian Truss got exactly what she deserved.

With stunning incoherence, Truss is convinced that those forces at work were all infected by a left-wing virus, from the administrative wonks and lever pullers in White Hall to humble teachers and charity workers. Not that questionable, eccentric, even idiotic policies don’t find an audience in self-defeating bureaucracy. They always do, and always will. As an example of the latter Truss cites environmental policies that led to the construction of a “bat bridge” at considerable increased cost to expanding one of the local roads under her charge.  

The shrill, unhinged analysis by Truss in this half-manifesto, half-lament, is mysteriously capable of identifying the left-wing virus in such conservative institutions as the International Monetary Fund, the Bank of England, the Treasury, and the Office for Budget Responsibility, bodies that found her promises of indulgent unfunded tax cuts in the September 2022 budget unworkable, even dangerous. Throughout, she draws on the thesis of former US president Donald Trump of the “Deep State” that managed to hold her “at gunpoint”, one made up of a progressive and Marxist alliance that hates growth and cherishes decline. 

A few observations, at a pinch, should be taken seriously. The poor trappings of a British PM’s office are noted. Truss makes the point that discharging its heavy burdens are made nigh impossible by institutional impediments. The modern British prime minister “is treated like a president but has nothing like the kind of institutional support for the office that we would expect in a presidential system.” But Truss tends to spoil such observations with trivial whines: that she had to do her own hair and make-up.

She also complains about the media saturated, short-term horizon that characterises the workings of Downing Street. This is a tad rich coming from the same individual who made such extensive use of social media in her various postings, be it jogging in New York or driving a tank in military gear in Estonia. During her stint as Foreign Secretary, she uploaded upwards of 700 pictures or more a day in what came to be derided as Instagram diplomacy. 

The warnings for Truss’s demise were many. Many came from close to home. Her husband, Hugh O’Leary, predicted that her stint as prime minister would “all end in tears” though “accepted that this was the moment I was expected to run and that if I didn’t, people would say I had bottled it.” She even writes of her Norfolk constituency political agent’s harsh assessment: “I should run – but he thought it would be best if I came second.” The late Queen Elizabeth II, whose discussions with the prime minister of the day are, according to convention, never disclosed, is documented as giving the following advice: “Pace yourself.” Truss concedes that she “should have listened.”

This grossly, at times embarrassingly uneven thesis of Western doom and necessary salvation, wrapped up in personal resentment, is unlikely to do much to change matters in the corridors of power. But its occasional slips of candour and frequent revelations of sharp incompetence suggest that Truss’s 49 days in office were 49 days too many. 

 

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Warring Against Encryption: Australia is Coming for Your Communications

On April 16, Australia’s eSafety commissioner, Julie Inman Grant, issued with authoritarian glee legal notices to X Corp and Meta, which owns Facebook and Instagram, to remove material within 24 hours depicting what her office declared to be “gratuitous or offensive violence with a high degree of impact and detail.” The relevant material featured a live streamed video of a stabbing attack by a 16-year-old youth at Sydney’s Assyrian Orthodox Christ the Good Shepherd Church the previous day. Two churchmen, Bishop Mar Mari Emmanuel and Rev. Isaac Royel, were injured.

Those at X, and its executive, Elon Musk, begged to differ, choosing to restrict general access to the graphic details of the video in Australia alone. Those outside Australia, and those with a virtual private network (VPN), would be able to access the video unimpeded. Ruffled and irritated by this, Grant rushed to the Australian Federal Court to secure an interim injunction requiring X to hide the posts from global users with a hygiene notice of warning pending final determination of the issue. While his feet and mind are rarely grounded, Musk was far from insensible in calling Grant a “censorship commissar” in “demanding global content bans.” In court, the company will argue that Grant’s office has no authority to dictate what the online platform posts for global users.

This war of grinding, nannying censorship – which is what it is – was the prelude for other agents of information control and paranoia to join the fray. The Labor Albanese government, for instance, with support from the conservative opposition, have rounded on Musk, blurring issues of expression with matters of personality. “This is an egotist,” fumed Prime Minister Anthony Albanese, “someone who’s totally out of touch with the values that Australian families have, and this is causing great distress.”

The values game, always suspicious and meretricious, is also being played by law enforcement authorities. It is precisely their newfound presence in this debate that should get members of the general public worried. You are to be lectured to, deemed immature and incapable of exercising your rights or abide by your obligations as citizens of Australian society.  

We have the spluttering worries of Australian Police Commissioner Reece Kershaw in claiming that children (always handy to throw them in) and vulnerable groups (again, a convenient reference) are “being bewitched online by a cauldron of extremist poison on the open and dark web.” These muddled words in his address to the National Press Club in Canberra are shots across the bow. “The very nature of social media allows that extremist poison to spray across the globe almost instantaneously.”  

Importantly, Kershaw’s April 24 address has all the worrying signs of a heavy assault, not just on the content to be consumed on the internet, but on the way communications are shared. And what better way to do so by using children as a policy crutch? “We used to warn our children about stranger danger, but now we need to teach our kids about the digital-world deceivers.” A matronly, slightly unhinged tone is unmistakable. “We need to constantly reinforce that people are not always who they claim to be online; and that also applies to images and information.” True, but the same goes for government officials and front-line politicians who make mendacity their stock and trade.

Another sign of gathering storm clouds against the free sharing of information on technology platforms is the appearance of Australia’s domestic espionage agency, ASIO. Alongside Kershaw at the National Press Club, the agency’s chief, Mike Burgess, is also full of grave words about the dangerous imperium of encrypted chatter. There are a number of Australians, warns Burgess, who are using chat platforms “to communicate with offshore extremists, sharing vile propaganda, posting tips about homemade weapons and discussing how to provoke a race war.”

The inevitable lament about obstacles and restrictions – the sorts of things to guard the general citizenry against encroachments of the police state – follows. “ASIO’s ability to investigate is seriously compromised. Obviously, we and our partners will do everything we can to prevent terrorism and sabotage, so we are expending significant resources to monitor the Australians involved.” You may count yourselves amongst them, dear reader.

Kershaw is likewise not a fan of the encrypted platform. In the timeless language of paternal policing, anything that enables messages to be communicated in a public sense must first receive the state’s approval. “We recognise the role that technologies like end-to-end encryption play in protecting personal data, privacy and cyber-security, but there is no absolute right to privacy.”  

To make that very point, Burgess declares that “having lawful and targeted access to extremist communications” would make matters so much easier for the intelligence and security community. Naturally, it will be up to the government to designate what it deems to be extremist and appropriate, a task it is often ill-suited for. Once the encryption key is broken, all communications will be fair game.

When it comes to governments, authoritarian regimes do not have a monopoly on suspicion and the fixation on keeping populations in check. In an idyll of ignorance, peace can reign among the docile, the unquestioning, the cerebrally inactive. The Australian approach to censorship and control, stemming from its origins as a tortured penal outpost of the British Empire, is drearily lengthy. Its attitude to the Internet has been one of suspicion, concern, and complexes.

Government ministers in the antipodes see a world, not of mature participants searching for information, but inspired terrorists, active paedophiles and noisy extremists carousing in shadows and catching the unsuspecting. Such officialdom is represented by such figures as former Labor Communications Minister Stephen Conroy, who thankfully failed to introduce a mandatory internet filter when in office, or such nasty products of regulatory intrusion as the Commonwealth Online Safety Act of 2021, zealously overseen by Commissar Grant and the subject of Musk’s ire.

The age of the internet and the world wide web is something to admire and loathe. Surveillance capitalism is very much of the loathsome, sinister variety. But ASIO, the Australian Federal Police, and the Australian government and other agencies do not give a fig about that. The tech giants have actually corroded privacy in commodifying data but many still retain stubborn residual reminders of liberty in the form of encrypted communications and platforms for discussion. To have access to these means of public endeavour remains the holy grail of law enforcement officers, government bureaucrats and fearful politicians the world over.

 

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Censorship Wars: Elon Musk, Safety Commissioners and Violent Content

The attitudes down under towards social media have turned barmy. While there is much to take Elon Musk to task for his wrecking ball antics at the platform formerly known as Twitter, not to mention his highly developed sense of sociopathy, the hysteria regarding the refusal to remove images of a man in holy orders being attacked by his assailant in Sydney suggests a lengthy couch session is in order. But more than that, it suggests that the censoring types are trying, more than ever, to tell users what to see and under what conditions for fear that we will all reach for a weapon and go on the rampage.

It all stems from the April 15 incident that took place at an Assyrian Orthodox service conducted by Bishop Mar Mari Emmanuel and the Rev. Isaac Royel at Christ the Good Shepherd Church in Wakeley, Sydney. A 16-year-old youth, captured on the livestream of the surface, is shown heading to the bishop before feverishly stabbing him, speaking Arabic about insults to the Prophet Muhammed as he does so. Rev. Royel also received injuries. 

Up to 600 people subsequently gathered around the church. A number demanded that police surrender the boy. In the hours of rioting that followed, 51 police officers were injured. Various Sydney mosques received death threats.

The matter – dramatic, violent, raging – rattled the authorities. For the sake of appearance, the heavies, including counter-terrorism personnel, New South Wales police and members of the Australian domestic spy agency, ASIO, were brought in. The pudding was ready for a severe overegging. On April 16, the NSW Police Commissioner Karen Webb deemed the stabbing a “terrorist incident”. NSW Premier Chris Minns stated that the incident was being investigated as a “terrorist incident” given the “religiously motivated” language used during the alleged attack. 

After conducting interviews with the boy while still in his hospital bed on April 18, the decision was made to charge him with the commission of an alleged act of terrorism. This, despite a behavioural history consistent with, as The Guardian reports, “mental illness or intellectual disability.” For their part, the boy’s family noted “anger management and behavioural issues” along with his “short fuse”, none of which lent themselves to a conclusion that he had been radicalised. He did, however, have a past with knife crime. 

Assuming the general public to be a hive of incipient terrorism easily stimulated by images of violence, networks and media outlets across the country chose to crop the video stream. The youth is merely shown approaching the bishop, at which point he raises his hand and is editorially frozen in suspended time. 

Taking this approach implied a certain mystification that arises from tampering and redacting material in the name of decency and inoffensiveness; to refuse to reveal such details and edit others, the authorities and information guardians were making their moralistic mark. They were also, ironically enough, lending themselves to accusations of the very problems they seek to combat: misinformation and its more sinister sibling, disinformation.

Another telling point was the broader omission in most press reporting to detail the general background of the bishop in question. Emmanuel is an almost comically conservative churchman, a figure excommunicated for his theological differences with orthodoxy. He has also adopted fire and brimstone views against homosexuality, seeing it as a “crime in the eyes of God”, attacked other religions of the book, including Judaism and Islam, and sees global conspiracies behind the transmission of COVID-19. Hardly, it would seem, the paragon of mild tolerance and calm acceptance in a cosmopolitan society.

On April 16, Australia’s eSafety commissioner, Julie Inman Grant, got busy, announcing that X Corp and Meta, which owns Facebook and Instagram, had been issued with legal notices to remove material within 24 hours depicting “gratuitous or offensive violence with a high degree of impact and detail.” The material in question featured the attack at the Good Shepherd Church. 

Under the Online Safety Act 2021 (Cth), the commissioner is granted various powers to make sure the sheep do not stray. Internet service providers can be requested or required to block access to material that promotes abhorrent violent conduct, incites such conduct, instructs in abhorrent violent conduct or depicts abhorrent violent conduct. Removal of material promoting, instructing, or depicting such “abhorrent violent conduct”, including “terrorist acts” can be ordered for removal if it risks going “viral” and causing “significant harm to the Australian community.”

X took a different route, preferring to “geoblock” the content. Those in Australia, in other words, would not be able to access the content except via such alternative means as a virtual private network (VPN). The measure was regarded as insufficient by the commissioner. In response, a shirty Musk dubbed Grant Australia’s “censorship commissar” who was “demanding global content bans”. On April 21, a spokesperson for X stated that the commissioner lacked “the authority to dictate what content X’s users can see globally. We will robustly challenge this unlawful and dangerous approach in court.”

 

 

In court, the commissioner argued that X’s interim measure not to delete the material but “geoblock” it failed to comply with the Online Safety Act. Siding with her at first instance, the court’s interim injunction requires X to hide the posts in question from all users globally. A warning notice is to cover them. The two-day injunction gives X the opportunity to respond.

There is something risible in all of this. From the side of the authorities, Grant berates and intrudes, treating the common citizenry as malleable, immature and easily led. Spare them the graphic images – she and members of her office decide what is “abhorrent” and “offensive” to general sensibilities.

Platforms such as Meta and X engage in their own forms of censorship and information curation, their agenda algorithmically driven towards noise, shock and indignation. All the time, they continue to indulge in surveillance capitalism, a corporate phenomenon the Australian government shows little interest in battling. On both sides of this coin, from the bratty, petulant Musk, to the teacherly manners of the eSafety Commissioner, the great public is being mocked and infantilised.

 

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Universities for AUKUS: The Social License Confidence Trick

“Can we still see universities as places to learn and produce knowledge that, at the risk of sounding naïve, is for the greater good of humanity, independently transient of geopolitical skirmishes?” Wanning Sun from the University of Technology, Sydney, asks in hope. “The history of universities during the Cold War era tells us that it is precisely at such times that our government and our universities need to fight tooth and nail to preserve the precarious civil society that has taken millennia to construct.”

History can be a useful, if imperfect guide, but as its teary muse, Clio, will tell you, its lessons are almost always ignored. A recent investigative report published in Declassified Australia gives us every reason to be pessimistic about Sun’s green pastured hopes for universities untethered from compromise and corruption. Far from preserving civil society, the Australian university sector is going the way of the US model of linking university research and innovation directly to a gluttonous military industrial complex. More importantly, these developments are very much on the terms of the US imperium, in whose toxic embrace Australia finds itself.

Over 17 years, the authors of the report found, US defence funding to Australian universities had risen from (A)$1.7 million in 2007 to (A)$60 million annually by 2022. The funds in question “are backing research in fields of science that enhance US military development and the US national interest.” 

To justify this effort, deskbound think tankers and money chasing propagandists have been enlisted to sanitise what is, at heart, a debauching enterprise. Take, for example, the views of the United States Studies Centre (USSC), based at the University of Sydney, where university-military collaboration under the shoddy cover of learning and teaching are being pursued in reverie. For those lovely types, universities are “drivers of change within society.” 

The trilateral security pact of AUKUS, an anti-China enterprise comprising Australia, the United Kingdom and the United States, has added succour to the venture, drawing in wide-eyed university administrators, military toffs and consultancy seeking politicians keen to rake in the defence scented cash. 

With salivating enthusiasm, a report by members of the USSC and the University of Nottingham from March 2024, noting the findings of a joint University of Sydney and Times Higher Education World Academic Summit, opens with a frank enlisting of the education and research sector “as enablers of operationalising the strategic intent around AUKUS.” No less than a propagandising effort, this will entail “building social license for AUKUS” through “two primary inputs: (1) educating the workforce; and (2) Pillar II advanced capability research.”

This open embrace of overt militarisation entails the agreement of universities “across the three countries” to “add value to government through strategic messaging and building social license for AUKUS.” This is no less an attempt to inculcate and normalise what is, at heart, a warring facility in the making. 

The authors admit their soiling task is a challenging one. “Stakeholders agree the challenge of building social license for AUKUS is particularly acute in the Australian context, where government discourse has been constrained by the need to reestablish diplomatic relations with China.” Diplomacy is such a trying business for those in the business of conflict. 

The raw note here is that the Australian populace is ignorant of the merits of the belligerent, anti-Beijing bacchanal between Canberra, Washington and London. They are ignorant of “the nature of strategic competition in the Indo-Pacific and its place in Australian regional strategy for AUKUS.” Concern is expressed about that most sensible of attitudes: a decline of popularity for the proposed and obscenely expensive acquisition of nuclear-powered submarines, costing A$368 billion. “USSC’s own polling, released in late 2023, finds that support for Australia acquiring nuclear-powered submarines has fallen below majority (49 per cent).” 

Such terrifying findings – at least from the USSC’s barking mad perspective – had also been “corroborated by other major Australian polls, including the Lowy Institute and The Guardian, which find that support has weakened, rather than firmed since the optimal pathway announcement.” The Australian public, it would seem, know something these wonks don’t.

When the warmongers worry that their wares are failing to sell, peacemakers should cheer. It then falls on the warmongers to think up a strategy to reverse the trend. An imperfect, though tried method is to focus on the use of that most hideous of terms, “social license”, to bribe the naysayers and sceptics.

The notion of “social license”, framed in fictional, social contract terms, should propel those with a scintilla of integrity and wisdom to take arms and rage. The official literature and pamphleteering on the subject points to its benign foundations. The Ethics Centre, for instance, describes it as an informal arrangement whereby an informal license is “granted to a company by various stakeholders who may be affected by the company’s activities.” Three requirements must be accordingly satisfied in this weasel-worded effort: legitimacy, by which the organisation “plays by the ‘rules of the game’”; credibility, by which the company furnishes “true and clear information to the community”; and trust, where the entity shows “the willingness to be vulnerable to the actions of another.” These terrible fictions, as they come together, enable the veil to be placed over the unspeakable. 

When the flimsy faeces encasing such a formulation is scraped away, the term becomes more sinister. Social licensing is nothing less than a tool of deceit and hoodwinking, a way for the bad to claim they are doing good, for the corrupt to claim they are clean. Polluting entities excuse what they do by suggesting that the returns for society are, more broadly speaking, weightier than the costs. Mining industries, even as they continue to pillage the earth’s innards, claim legitimacy for their operations as they add an ecologically friendly wash to them. We all benefit in the harm and harming, so why fuss?

To reverse this trend, a few measures should be enacted with urgent and acceptable zeal. Purging university vice chancellors and their simpering toadies is a healthy start. Trimming the universities of the spreadsheeting grafters and the racketeers, percolating through departments, schools and colleges, would be another welcome measure. All are accomplices in this project to destroy the humane mission of universities, preferring, in their place, brands, diluted syllabi, compliant staff, and morons for students. All in all, a clear wall of separation between the civic goals of learning and knowledge should be built to shield students and staff from the rapacious, murderous goals of the military industrial complex that continues to draw sustenance from deception, delusion and fear.

 

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The Australian Defence Formula: Spend! Spend! Spend!

The skin toasted Australian Minister of Defence, Richard Marles, who resembles, with each day, the product of an overly worked solarium, was adamant. Not only will Australians be paying a bill up to and above A$368 billion for nuclear powered submarines it does not need; it will also be throwing A$100 billion into the coffers of the military industrial complex over the next decade to combat a needlessly inflated enemy. Forget diplomacy and funding the cause (and course) of peace – it’s all about the weapons and the Yellow Peril, baby.

On April 18, Marles and Defence Industry Pat Conroy barraged the press with announcements that the defence budget would be bulked by A$50.3 billion by 2034, with a A$330 billion plan for weapons and equipment known as the Integrated Investment Program. The measures were intended to satisfy the findings of the Defence Strategic Review. “This is a significant lift compared to the $270 billion allocated for the 10-year period to 2029-30 as part of the 2020 Defence Strategic Update and 2020 Force Structure Plan,” crowed a statement from the Defence Department.  

Such statements are often weighed down by jargon and buoyed by delusion. The press were not left disappointed by the insufferable fluff. Australia will gain “an enhanced lethality surface fleet and conventionally-armed, nuclear-powered submarines”, an army with “littoral manoeuvre” capabilities “with a long-range land and maritime strike capability”, an air force capable of delivering “long-range intelligence, surveillance and reconnaissance” with “an enhanced maritime, land and air-strike capability” and “a strengthened and integrated space and cyber capability.” The glaring omission here is the proviso that all such policies are being essentially steered by Washington’s defence interests, with Canberra very much the obedient servant.

The defence minister was firmly of the view that all this was taking place with some speed. “We are acting very quickly in relation to [challenges],” Marles insists. I mean, the acquiring of a general-purpose frigate going forward, for example, will be the most rapid acquisition of a platform that size that we’ve seen in decades.” Anyone who uses the term “rapid” in a sentence on military acquisition is clearly a certified novice.

The ministers, along with the department interests they represent, are certainly fond of their expensive toys. They are seeking a fourth squadron of F-35 Joint Strike Fighters as replacements for the F/A-18 Super Hornets. The EA-18G Growler jets are also being replaced. (That said, both sets of current fighters will see aging service till 2040.) Three vessels will be purchased to advance undersea war capabilities, including the undersea drone prototype, the Ghost Shark.  

The latter hopes to equip the Royal Australian Navy “with a stealthy, long-range autonomous undersea warfare capability that can conduct persistent intelligence, surveillance, reconnaissance and strike.” Importantly, such acquisitions and developments are always qualified by how well they will work in tandem with the imperial power in question. The media release from the Department of Defence prefers a more weasel-worded formula. The Ghost Shark, for instance, “will also enhance Navy’s ability to operate with allies and partners.”  

The new militarisation strategy is also designed to improve levels of recruitment. Personnel have been putting down their weapons in favour of other forms of employment, while recruitment numbers are falling, much to the consternation of the pro-war lobby. A suggested answer: recruit non-Australian nationals. This far from brilliant notion will, Marles suggests, take some years. But a good place to start would be the hundreds of thousands of New Zealanders resident in Australia. Sheer genius.

The announcement was also meant to offer budget trimmers a barely visible olive branch, promising “to divest, delay or re-scope projects that do not meet our strategic circumstances.(They could start with the submarines.) A$5 billion, for instance, will be saved from terminating naval transport and replenishment ships intended to refuel and resupply war vessels at sea.  

Hardly appropriate, opined some military pundits keen to keep plucking the money tree. Jennifer Parker of the National Security College suggested that, “The removal of the Joint Support ship means there is no future plan to expand Australia’s limited replenishment capability of two ships – which will in turn limit the force projection capability and reach of the expanded surface combatant fleet if the issue is not addressed.”

The focus, as ever, is on Wicked Oriental Authoritarianism which is very much in keeping with the traditional Australian fear of slanty-eyed devils moving in on the spoils and playground of the Anglosphere. Former RAAF officer and executive director of the Air Power Institute, Chris McInnes, barks in aeronautical terms that Australia’s air power capability risks being “put in a holding pattern for the next 10 years.” Despotic China, however, was facing no such prospects. “There is a risk of putting everything on hold. The People’s Liberal Army is not on hold. They are going to keep progressing their aircraft.” (The air force seems to do wonders for one’s grammar.)

China’s Foreign Ministry spokesman Lin Jian was cool in his response to the latest promises of indulgent military spending Down Under. “We hope Australia will correctly view China’s development and strategic intentions, abandon the Cold War mentality, do more things to keep the region peaceful and stable and stop buzzing about China.” No harm in hoping.

 

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Faulty Assurances: The Judicial Torture of Assange Continues

Only this month, the near comatose US President, Joe Biden, made a casual, castaway remark that his administration was “considering” the request by Australia that the case against Julian Assange be concluded. The WikiLeaks founder has already spent five gruelling years in London’s Belmarsh prison, where he continues a remarkable, if draining campaign against the US extradition request on 18 charges, 17 incongruously and outrageously based on the US Espionage Act of 1917.

Like readings of coffee grinds, his defenders took the remark as a sign of progress. Jennifer Robinson, a longtime member of Assange’s legal team, told Sky News Australia that Biden’s “response, this is what we have been asking for over five years. Since 2010 we’ve been saying this is a dangerous precedent that’s being set. So, we certainly hope it was a serious remark and the US will act on it.” WikiLeaks editor-in-chief Kristinn Hrafnsson found the mumbled comment from the president “extraordinary”, hoping “to see in the coming days” whether “clarification of what this means” would be offered by the powerful.

On April 14, the Wall Street Journal reported that Canberra had asked their US counterparts whether a felony plea deal could be reached, enabling the publisher to return to Australia. “Prosecutors and a lawyer for Assange have discussed a range of potential deals, including those that include pleading guilty to a felony under the espionage law under which he was indicted, and those of conspiring to mishandle classified information, which would be a misdemeanor, people familiar with the matter have said.”

Last month, the UK High Court gave what can only be regarded as an absurd prescription to the prosecution should they wish to succeed. Extradition would be unlikely to be refused if Assange was availed of protections offered by the First Amendment (though rejecting claims that he was a legitimate journalist), was guaranteed not to be prejudiced, both during the trial and in sentence on account of his nationality, and not be subject to the death penalty. That such directions were even countenanced shows the somewhat delusionary nature of British justices towards their US counterparts.

On April 16, Assange’s supporters received confirmation that the extradition battle, far from ending, would continue in its tormenting grind. Not wishing to see the prospect of a full hearing of Assange’s already hobbled arguments, the US State Department, almost to the hour, filed the assurances in a diplomatic note to the Crown Prosecution Service (CPS). “Assange,” the US Embassy in London claimed with aping fidelity to the formula proposed by the High Court, “will not be prejudiced by reason of nationality with respect to which defenses he may seek to raise at trial and at sentencing.”

Were he to be extradited, “Assange will have the ability to raise and seek to rely upon at trial (which includes any sentencing hearing) the rights and protections given under the First Amendment of the Constitution of the United States.” An obvious caveat, and one that should be observed with wary consideration by the High Court judges, followed. “A decision as to the applicability of the First Amendment is exclusively within the purview of the US Courts.”

The US embassy also promised that, “A sentence of death will neither be sought nor imposed on Assange. The United States is able to provide such assurance as Assange is not charged with a death-penalty eligible offense, and the United States assures that he will not be tried for a death-eligible offense.” This undertaking does not dispel the threat of Assange being charged with additional offences such as traditional espionage, let alone aiding or abetting treason, which would carry the death penalty.

In 2020, Gordon Kromberg, the chief Department of Justice prosecutor behind the case, told the Central Criminal Court of England and Wales that the US “could argue that foreign nationals are not entitled to protections under the First Amendment, at least as it concerns national defense information.” There was also the likelihood that Assange, in allegedly revealing the names of US intelligence sources thereby putting them at risk of harm, would also preclude the possibility of him relying on such protections.

That the zealous Kromberg will be fronting matters should Assange reach US shores is more than troubling. Lawyers and civil rights activists have accused him of using the Eastern District Court of Virginia for selective and malicious prosecutions. As Murtaza Hussain of The Intercept observed with bleak accuracy in July 2021, “[r]ather than being pushed into obscurity by these efforts, today he is serving as a key figure in one of the most important civil liberties cases in the world.”

The High Court also acknowledged Kromberg’s views at trial regarding the possibility that the First Amendment did not cover foreign nationals. “It can fairly be assumed that [Kromberg] would not have said that the prosecution ‘could argue that foreign nationals are not entitled to protections under the First Amendment’ unless that was a tenable argument that the prosecution was entitled to deploy with real prospect of success.” These latest assurances do nothing to change that fact.

A post from Assange’s wife, Stella, provided a neat and damning summary of the embassy note. “The United States has issued a non-assurance in relation to the First Amendment, and a standard assurance in relation to the death penalty. It makes no undertaking to withdraw the prosecution’s previous assertion that Julian has no First Amendment rights because he is not a US citizen. Instead, the US has limited itself to blatant weasel words claiming that Julian can ‘seek to raise’ the First Amendment if extradited.”

 

 

Whether the justices are duly satisfied by the latest diplomatic manoeuvre, one non-binding in any tangible or true sense on prosecutors and judges in the US, awaits testing in the hearing on May 20. For Assange, the wheels of judicial torture have been prolonged.

 

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Suspending the Rule of Tolerable Violence: Israel’s Attack and Iran’s Retaliation

The Middle East has, for some time, been a powder keg where degrees of violence are tolerated with ceremonial mania and a calculus of restraint. Assassinations can take place at a moment’s notice. Revenge killings follow with dashing speed. Suicide bombings of immolating power are carried out. Drone strikes of devastating, collective punishment are ordered, all padded by the retarded notion that such killings are morally justified and confined. 

In all this viciousness, the conventional armed forces have been held in check, the arsenals contained, the generals busied by plans of contingency rather than reality. The rhetoric may be vengeful and spicily hysterical, but the states in the region keep their armies in reserve, and Armageddon at bay. Till, naturally, they don’t.

To date, Israel is doing much to test the threshold of what might be called the rule of tolerable violence. With Iran, for instance, it has adopted a “campaign between the wars”, primarily in Syria. For over a decade, the Israeli strategy was to prevent the flow of Iranian weapons to Hezbollah, intercepting weapons shipments and targeting storage facilities. “Importantly,” writes Haid Haid, a consulting fellow for Chatham House’s Middle East and North Africa Programme, “Israel appeared to avoid, whenever feasible, killing Hezbollah or Iranian operatives during these operations.” 

But the state of play has changed. The Gaza War, which has become more the Gaza Massacre Project, has moved into its seventh month, packing morgues, destroying families and stimulating the terror of famine. Despite calls from the Israeli military and various officials that Hamas’s capabilities have been irreparably weakened (this claim, like all those battling an idea rather than just a corporeal foe, remains refutable and redundant) the killings and policy of starvation continues against the general Palestinian populace. The International Court of Justice interim orders continue to be ignored, even as the judges deliberate over the issue as to whether genocide is taking place in the Gaza Strip. The restraints, in other words, have been taken off. 

The signs are ominous. Spilt blood is becoming hard currency. Daily skirmishes between the IDF and Hezbollah are taking place on the Israeli-Lebanon border. The Houthis are feverishly engaged with blocking and attacking international shipping in the Red Sea, hooting solidarity for the Palestinian cause. 

On April 1, a blood crazed strike by Israel suggested that rules of tolerable violence had, if not been pushed, then altogether suspended. The attack on Iran’s consular offices in Damascus by the Israeli Air Force was tantamount to striking Iranian soil. In the process, it killed Brigadier General Mohammad Reza Zahedi and other commanders of the Iranian Revolutionary Guard Corps (IRGC), including Zahedi’s deputy, General Haji Rahimi. Retaliation was accordingly promised, with Iran’s ambassador to Syria, Hossein Akbari, vowing a response “at the same magnitude and harshness”.

It came on April 13, involving 185 drones, 110 ballistic missiles and 36 cruise missiles, all directed at Israel proper. Superficially, this looks anarchically quixotic, streakily disproportionate. But Tehran went for a spectacular theatrical show to terrify and magnify rather than opt for any broader infliction of damage. Israel’s Iron Dome system, along with allied powers, could be counted upon to aid the shooting down of almost all the offensive devices. A statement had been made and the Iranians have so far drawn a line under any further military action. What was deemed by certain pundits a tactical failure can just as easily be read as a strategic if provocative success. The question then is: what follows?

The Israeli approach varies depending on who is being asked. The IDF Chief of Staff, General Herzi Halevi, stated that “Israel is considering next steps” declaring that “the launch of so many missiles and drones to Israeli territory will be answered with retaliation.” 

National Security Minister Itamar Ben Gvir was taloned in his hawkishness, demanding that Israel launch a “crushing” counterattack, “go crazy” and abandon “restraint and proportionality”, “concepts that passed away on October 7.” The “response must not be a scarecrow, in the style of the dune bombings we saw in previous years in Gaza.” 

Cabinet minister Benny Gantz, who is a voting member of the war cabinet alongside Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant, is tilting for a “regional coalition” to “exact the price from Iran, in the way and at the time that suits us. And most importantly, in the face of the desire of our enemies to harm us, we will unite and become stronger.” The immediate issues for resolution from Gantz’s perspective was the return of Israeli hostages “and the removal of the threat against the residents of the north and south.”

Such thinking will also be prompted by the response from the Biden administration that Netanyahu “think very carefully and strategically” about the next measures. “You got a win,” President Joe Biden is reported to have told Netanyahu. “Take the win.” US Secretary of State Antony Blinken has also expressed the view that, “Strength and wisdom must be the two sides of the same coin.”

For decades, Israel has struck targets in sovereign countries with impunity, using expansive doctrines of pre-emption and self-defence. In doing so, the state always hoped that the understanding of tolerable violence would prevail. Any retaliation, if any, would be modest, with “deterrence” assured. With the war in Gaza and the fanning out of conflict, the equation has changed. To some degree, Ben Gvir is right that concepts of restraint and proportionality have been banished to the mortuary. But such banishment, to a preponderant degree, was initiated by Israel. The Israel-Gaza War is now, effectively, a global conflict, waged in regional miniature.

 

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Secret Agreements: The Australian-Israel Defence Memorandum of Understanding

While the Australian government continues to pirouette with shallow constancy on the issue of Israel’s war in Gaza, making vacuous utterances on Palestinian statehood even as it denies supplying the Israeli Defense Forces (IDF) with weapons (spare parts, it would seem, are a different, footnoted matter), efforts made to unearth details of the defence relationship between the countries have so far come to naught.

The brief on Australian-Israel relations published by the Department of Trade and Foreign Affairs is deplorably skimpy, noting that both countries have, since 2017, “expanded cooperation on national security, defence and cyber security.” Since 2018, we are told that annual talks have been conducted between defence officials, while Australia appointed, in early 2018, a resident Defence Attaché to the embassy in Tel Aviv. What is conspicuously absent are details of the Memorandum of Understanding on defence cooperation both countries signed in 2017.

A little bit of scrapping around reveals that 2017 was something of a critical year, a true bumper return. The Australia-Israel Defence Industry Cooperation Joint Working Group was created that October. A following Australian Defence media release notes the group’s intention: “to strengthen ties between Australia and Israel, explore defence industry and innovation opportunities, identify export opportunities, and support our industries to cooperate in the development of innovative technologies for shared capability challenges.”

The intentions of the group were well borne out. Defence contracts followed with sweet indulgence: the February 2018 contract between Israel-based Rafael Advanced Defence Systems with Australia’s Bisalloy Steels worth A$900,000; an August 2018 joint venture between the Australian defence engineering company Varley Group and Rafael, behind such “leading weapons systems” as “the Spike LR2 anti-tank guided missile”; and the Electro Optic Systems-Elbit Systems agreement from 2019 responsible for developing “a modular medium-calibre turret that can be configured for a range of platforms, including lightweight reconnaissance and heavy fighting vehicles.”

In February this year, Elbit Systems, Israel’s notorious drone manufacturer and creator of the Hermes 450 aerial device responsible for this month’s killing of seven World Central Kitchen aid workers including the Australian national, Lalzawmi “Zomi” Frankcom, was rewarded with a A$917 million contract. Business, even over bodies, exerts a corrupting force.

In a heartbeat after the outbreak of the latest Gaza War last October, the Australian Greens filed a Freedom of Information (FOI) request seeking a copy of the barely mentioned MOU. After a period of three months, the Australian Defence Department reached the boring conclusion that the application should be rejected. It fell, the argument went, within the category of exemptions so treasured by secretive bureaucrats keen to make sure the “freedom” in FOI is kept spare and bare. 

What follows is repulsive to intellect and denigrating to morality. “The document within the scope of this request,” went the letter from the Defence Department, “contains information which, if released, could reasonably be expected to damage the international relations of the Commonwealth.” The MOU “contains information communicated to Australia by a foreign government and its officials under the expectation that it would not be disclosed.” Releasing “such information could harm Australia’s international standing and reputation.”

A telling, and troubling role was played by Israel in the process. With characteristic, jellied spinelessness, Australian defence officials notified Israel of the FOI request in December 2023. In February, the Netanyahu government responded with its views, of which we can only speculate. The Greens were duly informed by the Australian Information Commissioner (OAIC) that the relevant decision maker in Defence “will consider the foreign government’s consultation response to make an informed and robust decision.” With such words, a negative response was nigh predictable. 

Greens Senator David Shoebridge, in responding to the decision, was adamant that, “There is no place for secret arms treaties and secret arms deals between countries.” Furthermore, there was “no place for giving other countries veto power over what the Australian government tells the public about our government defence and arms deals.” The case is even more pressing given allegations of war crimes, crimes against humanity and genocide taking place in the Gaza strip.

This regrettable episode retains a certain familiar repulsiveness. Unfortunately for devotees of open government, a fraught term if ever there was one, Australia’s FOI regime remains stringently archaic and pathologically secretive. 

Decision makers are given directions to frustrate, not aid applications to reveal information, notably on sensitive topics such as security, defence and international relations. Spurious notions about damage to international relations are advanced to ensure secrecy and the muzzling of debate. The OAIC has also shown itself to be lamentably weak, tardy and inefficient in reviewing applications. In March 2023, it was revealed that almost 600 unresolved FOI cases had bottled up over the course of three years.

The latest refusal from the Defence Department to disclose the Israel-Australian MOU to members of Parliament, a decision reached after discussions with a foreign power (that fact is staggering and disheartening in of itself), betrays much doubletalk regarding defence ties between Canberra, the IDF, and the Israeli government. More than that, it confirms that those in Canberra are being steered by other interests, longing for the approval of foreign eyes and foreign interests. 

 

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Flicker of Hope: Biden’s Throwaway Lines on Assange

Walking stiffly, largely distracted, and struggling to focus on the bare essentials, US President Joe Biden was keeping company with his Japanese counterpart, Prime Minister Fumio Kishida, when asked the question. It concerned what he was doing regarding Australia’s request that the WikiLeaks founder Julian Assange be returned to Australia. 

Assange, who has spent five tormenting years in Belmarsh Prison in London, is battling extradition to the US on 18 charges, 17 tenuously and dangerously based on the US Espionage Act of 1917.

The words that followed from the near mummified defender of the Free World were short, yet bright enough for the publisher’s supporters. “We’re considering it.” No details were supplied. 

To these barest of crumbs came this reaction from from Australian Prime Minister Anthony Albanese on ABC’s News Breakfast: “We have raised on behalf of Mr Assange, Australia’s national interest, that enough is enough, that this needs to be brought to a conclusion, and we’ve raised it at each level of government in every possible way.” When pressed on whether this was merely an afterthought from the president, Albanese responded with the usual acknowledgments: the case was complex, and responsibility lay with the US Department of Justice.

One of Assange’s lawyers, the relentless Jennifer Robinson, told Sky News Australia of her encouragement at Biden’s “response, this is what we have been asking for over five years. Since 2010 we’ve been saying this is a dangerous precedent that’s being set.  So, we certainly hope it was a serious remark and the US will act on it.” Assange’s brother, Gabriel Shipton, also told Sky News that the statement was significant while WikiLeaks editor-in-chief, Kristinn Hrafnsson thought the utterance “extraordinary”, cautiously hoping “to see in the coming days” whether “clarification of what this means” would be offered by “those in power” and the press corps.

The campaign to free Assange has burgeoned with admirable ferocity. The transformation of the WikiLeaks founder from eccentric, renegade cyber thief deserving punishment to prosecuted and persecuted scribbler and political prisoner has been astonishing. 

The boggling legal process has also been shown up as woefully inadequate and scandalous, a form of long-term torture via judicial torment and deprivation. The current ludicrous pitstop entails waiting for a UK Court of Appeal decision as to whether Assange will be granted leave for a full reconsideration of his case, including the merits of the extradition order itself. 

The March 26 Court of Appeal decision refused to entertain the glaringly obvious features of the case: that Assange is being prosecuted for his political views, that due process is bound to be denied in a country whose authorities have contemplated his abduction and murder, and that he risks being sentenced for conduct he is not charged with “based on evidence he will not see and which may have been unlawfully obtained.” The refusal to entertain such material as the Yahoo News article from September 2021 outlining the views of intelligence officials on kidnapping and assassination options again cast the entire affair in a poor light.

Even if Assange is granted a full hearing, it is not clear whether the court will go so far as to accept the arguments. The judges have already nobbled the case by offering US prosecutors the chance to offer undertakings, none of which would or could be binding on the DOJ or any US judge hearing the case. Extradition, in other words, is likely to be approved if Assange is “permitted to rely on the First Amendment”, “is not prejudiced at trial (including sentence) by reason of his nationality” and that he “is afforded the same First Amendment protection as a United States citizen, and that the death penalty not be imposed.” These conditions, on the face of it, look absurd in their naïve presumption. 

Whether Biden’s latest casual spray lends any credibility to a change of heart remains to be seen. In December 2010, when Vice President in the Obama administration, Biden described Assange as a “high-tech terrorist” for disclosing State Department cables. He failed to identify any parallels with previous cases of disclosures such as the Pentagon papers. 

Craig Murray, former British diplomat and Assange confidant, adds a note of cautious sobriety to the recent offering from the president: “I’m not going to get too hopeful immediately on a few words out of the mouth of Biden, because there has been no previous indication, nothing from the Justice Department so far to indicate any easing up.”

For all that, it may well be that the current administration, facing a relentless publicity campaign from human rights organisations, newspapers, legal and medical professionals, not to mention pressure from both his own party in Congress and Republicans, is finally yielding. Caution, however, is the order of the day, and nothing should be read or considered in earnest till signatures are inked and dried. We are quite a way off from that.

 

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Death by Algorithm: Israel’s AI War in Gaza

Remorseless killing at the initiation of artificial intelligence has been the subject of nail-biting concern for various members of computer-digital cosmos. Be wary of such machines in war and their displacing potential regarding human will and agency. For all that, the advent of AI-driven, automated systems in war has already become a cold-blooded reality, deployed conventionally, and with utmost lethality by human operators. 

The teasing illusion here is the idea that autonomous systems will become so algorithmically attuned and trained as to render human agency redundant in a functional sense. Provided the targeting is trained, informed, and surgical, a utopia of precision will dawn in modern warfare. Civilian death tolls will be reduced; the mortality of combatants and undesirables will, conversely, increase with dramatic effect.

The staining case study that has put paid to this idea is the pulverising campaign being waged by Israel in Gaza. A report in the magazine +972 notes that the Israeli Defense Forces has indulgently availed itself of AI to identify targets and dispatch them accordingly. The process, however, has been far from accurate or forensically educated. As Brianna Rosen of Just Security accurately posits, “Rather than limiting harm to civilians, Israel’s use of AI bolsters its ability to identify, locate, and expand target sets which likely are not fully vetted to inflict maximum damage.”

The investigation opens by recalling the bombastically titled The Human-Machine Team: How to Create Human and Artificial Intelligence That Will Revolutionize Our World, a 2021 publication available in English authored by one “Brigadier General Y.S.”, the current commander of the Israeli intelligence unit 8200. 

The author advances the case for a system capable of rapidly generating thousands of potential “targets” in the exigencies of conflict. The sinister and morally arid goal of such a machine would resolve a “human bottleneck for both locating new targets and decision-making to approve the targets.” Doing so not only dispenses with the human need to vet, check and verify the viability of the target but dispenses with the need to seek human approval for their termination.

The joint investigation by +972 and Local Call identifies the advanced stage of development of such a system, known to the Israeli forces as Lavender. In terms of its murderous purpose, this AI creation goes further than such lethal predecessors as “Habsora” (“The Gospel”), which identifies purportedly relevant military buildings and structures used by militants. Even that form of identification did little to keep the death rate moderate, generating what a former intelligence officer described as a “mass assassination factory.”

Six Israeli intelligence officers, all having served during the current war in Gaza, reveal how Lavender “played a central role in the unprecedented bombing of Palestinians, especially during the early stages of the war.” The effect of using the AI machine effectively subsumed the human element while giving the targeting results of the system a fictional human credibility. 

Within the first weeks of the war, the IDF placed extensive, even exclusive reliance on Lavender, with as many as 37,000 Palestinians being identified as potential Hamas and Palestinian Islamic Jihad militants for possible airstrikes. This reliance signalled a shift from the previous “human target” doctrine used by the IDF regarding senior military operatives. In such cases, killing the individual in their private residence would only happen exceptionally, and only to the most senior identified individuals, all to keep in awkward step with principles of proportionality in international law. The commencement of “Operation Swords of Iron” in response to the Hamas attacks of October 7 led to the adoption of a policy by which all Hamas operatives in its military wing irrespective of rank would be designated as human targets.

Officers were given expansive latitude to accept the kill lists without demur or scrutiny, with as little as 20 seconds being given to each target before bombing authorisation was given. Permission was also given despite awareness that errors in targeting arising in “approximately 10 percent of cases, and is known to occasionally mark individuals who have merely a loose connection to militant groups, or no connection at all.” 

The Lavender system was also supplemented by using the emetically named “Where’s Daddy?”, another automated platform which tracked the targeted individuals to their family residences which would then be flattened. The result was mass slaughter, with “thousands of Palestinians – most of them women and children or people not involved in the fighting” killed by Israeli airstrikes in the initial stages of the conflict. As one of the interviewed intelligence officers stated with grim candour, killing Hamas operatives when in a military facility or while engaged in military activity was a matter of little interest. “On the contrary, the IDF bombed them in homes without hesitation, as a first option. It’s much easier to bomb a family’s home. The system is built to look for them in these situations.”

The use of the system entailed resorting to gruesome, and ultimately murderous calculi. Two of the sources interviewed claimed that the IDF “also decided during the first weeks of the war that, for every junior Hamas operative that Lavender marked, it was permissible to kill up to 15 or 20 civilians.” Were the targets Hamas officials of certain seniority, the deaths of up to 100 civilians were also authorised.

In what is becoming its default position in the face of such revelations, the IDF continues to state, as reported in the Times of Israel, that appropriate conventions are being observed in the business of killing Palestinians. It “does not use an artificial intelligence system that identifies terrorist operatives or tries to predict whether a person is a terrorist.” The process, the claim goes, is far more discerning, involving the use of a “database whose purpose is to cross-reference intelligence sources… on the military operatives of terrorist organizations.”

The UN Secretary General, António Guterres, stated how “deeply troubled” he was by reports that Israel’s bombing campaign had used “artificial intelligence as a tool in the identification of targets, particularly in densely populated residential areas, resulting in a high level of civilian casualties.” It might be far better to see these matters as cases of willing, and reckless misidentification, with a conscious acceptance on the part of IDF military personnel that enormous civilian casualties are simply a matter of course. To that end, we are no longer talking about a form of advanced, scientific war waged proportionately and with precision, but a technologically advanced form of mass murder.

 

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Germany, Gaza and the World Court: Broadening the Scope of Genocide

Can it get any busier? The World Court, otherwise known as the International Court of Justice, has been swamped by applications on the subject of alleged genocide. The site of interest remains the Gaza Strip, the subject of unremitting slaughter since the October 7, 2023 cross-border attacks by Hamas against Israel. The retaliation by Israel has been of such brute savagery as to draw the attention of numerous states, including those not directly connected to the conflict.   

Given that genocide is a crime of universal jurisdiction abominated by international law, and given the broad application of the UN Genocide Convention intended to suppress and punish it, countries not normally associated with the tormented and blood-drenched relationship between Israel and the Palestinians have taken a keen interest. South Africa got matters moving with its December application last year seeking a judicial determination that Israel was committing genocidal acts in the Gaza Strip. 

Since then, Pretoria has convinced the court to issue two interim orders, one on January 26, and another on March 28. While the court has yet to decide the issue of whether Israel is culpable for genocide in waging in Gaza, the interim binding orders demand a lifting of restrictions on humanitarian aid, the prevention of starvation and famine, and observing the UN Genocide Convention. These all hint strongly at the unconscionable conduct on the part of the IDF against the civilian populace.

The implications of such findings also go to Israel’s allies and partners still keen to supply it with weapons, weapons parts, and support of a military industrial nature. Germany has been most prominent in this regard. In 2023 30% of Israel’s military equipment purchases totalling US$326 million came from Berlin. The Scholz government has also been a firm public supporter of Israel’s offensive. “There is only one place for Germany at this time, and that is by Israel’s side,” proclaimed German Chancellor Olaf Scholz to German lawmakers on October 12 last year. Foreign Minister Annalena Baerbock curtly stated that “It was not the job of politicians to tell the guns to shut up.” 

Baerbock’s remarks were all the more jarring given the 2006 views of Frank-Walter Steinmeier, who was then serving as Germany’s foreign minister. With puffed up confidence, he claimed then that Europeans and Germans had played a seminal role in ending the conflict between Israel and Hezbollah in Lebanon in “silencing of the guns.”

Cognisant of such a stance, Nicaragua is now taking the South African precedent further by alleging that Germany is complicit in a genocidal enterprise. While its own human rights record is coarse – the government of Daniel Ortega boasts a spotty record which involves, among other things, the killing of protesters – Nicaragua has form at the ICJ. Four decades ago, it took the United States to the world court for assisting the counterrevolutionary Contras in their attempt to overthrow the Sandinista government.

Its 43-page submission to the court insists that Germany is responsible for “serious violations of peremptory norms of international law taking place” in Gaza in its failure to prevent genocide “against the Palestinian people” and “contributed” to its commission by violating the Genocide Convention. It further alleges that Germany failed to comply with humanitarian law principles derived from the Geneva Conventions of 1949, its protocols of 1977 and “intransgressible principles of international law” in failing to “ensure respect for these fundamental norms in all circumstances.” 

The application also compacts Israel’s attack on Gaza with “continued military occupation of Palestine”, taking issue with Germany’s alleged “rendering aid or assistance” in maintaining that status quo in the Occupied Territories while “rendering aid or assistance and not preventing the illegal regime of apartheid and the negation of the right of self-determination of the Palestinian people.”

Stretches of the Nicaraguan case would make troubling reading. It notes that “by sending military equipment and now defunding UNRWA [United Nations Relief and Works Agency] which provides essential support for the civilian population, Germany is facilitating the commission of genocide” and had failed, in any case, “in its obligation to do everything possible to prevent the commission of genocide.”

Such conduct was all the more egregious “with respect to Israel given that Germany has a self-proclaimed privileged relationship with it, which would enable it to usefully influence its conduct.”

With these considerations in mind, the application by Nicaragua argues that Germany is obligated to “immediately” halt its military support for Israel “that may be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes.” Germany is further asked, not merely to “end its assistance to Israel” but “cooperate to uphold international law and to bring the perpetrators of these atrocities to justice.”

On April 8, the ICJ opened preliminary hearings. Alain Pellet, representing Nicaragua, argued that “Germany was and is fully conscious of the risk that the arms it has furnished and continues to furnish Israel” could be used in the commission of genocidal acts. Another legal representative, Daniel Mueller, called the provision of humanitarian airdrops to “Palestinian children, women and men” a “pathetic excuse” given the furnishing of “military equipment that is used to kill and annihilate them.” Nicaragua’s ambassador to the Netherlands, Carlos José Argüello Gómez, derided Berlin’s seeming inability “to be able to differentiate between self-defence and genocide.”

Berlin’s defence follows on April 9. A sense of its bitter flavour can be gathered from one of its top legal briefs, Tania von Uslar-Gleichen. “Germany completely rejects the accusations. We never did violate the Genocide Convention nor humanitarian law either directly or indirectly.”  Berlin was “committed to the upholding of international law.” 

If the defence fails to sway the judges, the case may well chart a line about third party responsibilities on preventing genocide in international humanitarian law. At this point, the momentum towards some clarity on the point seems inexorable.

 

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Aukusing for War: The Real Target Is China

The occasional burst of candour from US diplomats provides a striking, air clearing difference to their Australian and British counterparts. Official statements about the AUKUS security pact between Washington, London and Canberra, rarely mention the target in so many words, except on the gossiping fringes. Commentators and think tankers are essentially given free rein to speculate, masticating over such streaky and light terms as “new strategic environment”, “great power competition”, “rules-based order”.

On the occasion of his April 3 visit to Washington’s Center for a New American Security (CNAS), US Deputy Secretary of State Kurt Campbell was refreshingly frank. His presence as an emissary of US power in the Pacific has been notable since the AUKUS announcement in September 2021. 

In March last year, Campbell, as Deputy Assistant to the US President and Coordinator for the Indo-Pacific National Security Council, was unfurling the US flag before various Pacific states, adamant that US policy was being reoriented from one of neglect to one of greater attentiveness. The Solomon Islands, given its newly minted security pact with Beijing, was of special concern. “We realise that we have to overcome in certain areas some amounts of distrust and uncertainty about follow through,” he explained to reporters in Wellington, New Zealand. “We’re seeking to gain that trust and confidence as we go forward.”

In Honiara, Campbell conceded that the US had not done “enough before” and had to be “big enough to admit that we need to do more, and we need to do better.” This entailed, in no small part, cornering the Solomon Islands Premier Manasseh Sogavare into affirming that Beijing would not be permitted to establish a military facility capable of supporting “power projection capabilities.”

In his discussion with the CNAS Chief Executive Officer, Richard Fontaine, Campbell did the usual runup, doffing the cap to the stock principles. Banal generalities were discussed, for instance, as to whether the US should be the sole show in projecting power or seek support from like-minded sorts. “I would argue that as the United States and other nations confront a challenging security environment, that the best way to maintain peace and security is to work constructively and deeply with allies and partners.” A less than stealthy rebuke was reserved for those who think “that the best that the United States can do is to act alone and to husband its resources and think about unilateral, individual steps it might take.”

The latter view has always been scorned by those calling themselves multilateralists, a cloaking term for waging war arm-in-arm with satellite states and vassals while ascribing to it peace keeping purposes in the name of stability. Campbell is unsurprising in arguing “that working closely with other nations, not just diplomatically, but in defensive avenues [emphasis added], has the consequence of strengthening peace and stability more generally.” The virtue with the unilateralists is the possibility that war should be resorted to sparingly. If one is taking up arms alone, a sense of caution can moderate the bloodlust. 

Campbell revealingly envisages “a number of areas of conflict and in a number of scenarios that countries acting together” in the Indo-Pacific, including Japan, Australia, South Korea and India. “I think that balance, the additional capacity will help strengthen deterrence more general [sic].” The candid admission on the role played by the AUKUS submarines follows, with the boats having “the potential to have submarines from a number of countries operating in close coordination that could deliver conventional ordinance from long distances. Those have enormous implications in a variety of scenarios, including in cross-strait circumstances.” And so, we have the prospect of submarines associated with the AUKUS compact being engaged in a potential war with China over Taiwan.

When asked on what to do about the slow production rate of submarines on the part of the US Navy necessary to keep AUKUS afloat, Campbell acknowledged the constraints – the Covid pandemic, supply chain issues, the number of submarines in dry dock requiring or requiring servicing. But like Don Quixote taking the reins of Rosinante to charge the windmills, he is undeterred in his optimism, insisting that “the urgent security demands in Europe and the Indo-Pacific require much more rapid ability to deliver both ordinance and other capabilities.” 

To do so, the military industrial complex needs to be broadened (good news for the defence industry, terrible for the peacemakers). “I think probably there is going to be a need over time for a larger number of vendors, both in the United States in Australia and Great Britain, involved in both AUKUS and other endeavours.”

There was also little by way of peace talk in Campbell’s confidence about the April 11 trilateral Washington summit between the US, Japan and the Philippines, following a bilateral summit to be held between President Joe Biden and Japan’s Prime Minister Fumio Kishida. When terms such as “modernize” and “update” are bandied about in the context of an alliance, notably with an eye towards a rival power’s ambitions, the warring instincts must surely be stirred. In the language of true encirclement, Campbell envisages a cooperative framework that will “help link the Indo-Pacific more effectively to Europe” while underscoring “our commitment to the region as a whole.”

A remarkably perverse reality is in the offing regarding AUKUS. In terms of submarines, it will lag, possibly even sink, leaving the US and, to a lesser extent the UK, operating their fleets as Australians foot the bill and provide the refreshments. Campbell may well mention Australia and the UK in the context of nuclear-powered submarines, but it remains clear where his focus is: the US program “which I would regard as the jewel in the crown of our defense industrial capacity.” Not only is Australia effectively promising to finance and service that particular capacity, it will also do so in the service of a potentially catastrophic conflict which will see its automatic commitment. A truly high price to pay for an abdication of sovereignty for the fiction of regional stability.

 

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Killing Aid Workers: Australia’s Muddled Policy on Israel

The Australian Prime Minister, Anthony Albanese, was distraught and testy. It seemed that, on this occasion, Israel had gone too far. Not too far in killing over 32,000 Palestinians in Gaza, a staggering percentage of them being children. Not too far in terms of using starvation as a weapon of war. Not too far in bringing attention to the International Court of Justice that its actions are potentially genocidal.  

Israel had overstepped in doing something it has done previously to other nationals: kill humanitarian workers in targeted strikes. The difference for Albanese on this occasion was that one of the individuals among the seven World Central Kitchen charity workers killed during the midnight between April 1 and 2 was Australian national LalzawmiZomiFrankcom.

Frankcom and her colleagues had unloaded humanitarian food supplies from Cyprus that had been sent via a maritime route before leaving the Deir al-Balah warehouse. The convoy, despite driving in a designated “deconflicted” zone, was subsequently attacked by three missiles fired from a Hermes 450 drone. All vehicles had the WCK logo prominently displayed. WCK had been closely coordinating the movements of their personnel with the IDF.  

In a press conference on April 3, Albanese described the actions as “completely unacceptable.” He noted that the Israeli government had accepted responsibility for the strikes, while Israel’s Prime Minister, Benjamin Netanyahu had conveyed his condolences to Frankcom’s family, with assurances that he would be “committed to full transparency”.

The next day, the Australian PM called the slaying of Frankcom a “catastrophic event”, reiterating Netanyahu’s promises from the previous day that he was “committed to a full and proper investigation.” Albanese also wished that these findings be made public, and that accountability be shown for Israel’s actions, including for those directly responsible. “What we know is that there have been too many innocent lives lost in Gaza.”

Australian Foreign Minister, Penny Wong, restated the need for “full accountability and transparency” and Australian cooperation with Israel “on the detail of this investigation.” She further acknowledged the deaths of over 30,000 civilians, with some “half a million Palestinians” starving.

Beyond an investigation, mounted and therefore controlled by the Israeli forces themselves, nothing much else can be hoped for. The Albanese approach has been one of copybook warnings and concerns to an ally it clearly fears affronting. What would a ground invasion of Rafah do to the civilian population? What of the continuing hardships in Gaza? Push for a humanitarian ceasefire, but what else?  

Australian anger at the government level must therefore be severely qualified. Support roles, thereby rendering Australian companies complicit in Israeli’s military efforts, and in ancillary fashion the Australian government, continue to be an important feature. The F-35, a mainstay US-made fighter for the Israeli Air Force, is not manufactured or built in Australia, but is sustained through the supply of spare parts stored in a number of allied countries. According to the Australian Department of Defence, “more than 70 Australian companies have directly shared more than $4.13 billion in global F-35 production and sustainment contracts.”

The Australian government has previously stated that all export permit decisions “must assess any relevant human rights risks and Australia’s compliance with its international obligations.” The refusal of a permit would be assured in cases where an exported product “might be used to facilitate human rights abuses.” On paper, this seems solidly reasoned and consistent with international humanitarian law. But Canberra has been a glutton for the Israeli military industry, approving 322 defence exports over the past six years. In 2022, it approved 49 export permits of a military nature bound for Israel; in the first three months of 2023, the number was 23.

The drone used in the strike that killed Frankcom is the pride and joy of Elbit Systems, which boasts a far from negligible presence in Australia. In February, Elbit Systems received a A$917 million contract from the Australian Defence Department, despite previous national security concerns among Australian military personnel regarding its Battle Management System (BMS).

When confronted with the suggestion advanced by the Australian Greens that Australia end arms sales to Israel, given the presence of Australian spare parts in weaponry used by the IDF, Wong displayed her true plumage. The Australian Greens, she sneered, were “trying to make this a partisan political issue.” With weasel-minded persistence, Wong again quibbled that “we are not exporting arms to Israel” and claiming Australian complicity in Israeli actions was “detrimental to the fabric of Australian society.”

The Australian position on supplying Israel remains much like that of the United States, with one fundamental exception. The White House, the Pentagon and the US Congress, despite increasing concerns about the arrangement, continue to bankroll and supply the Israeli war machine even as issue is taken about how that machine works. That much is admitted. The Australian line on this is even weaker.  

The feeble argument made by such watery types as Foreign Minister Wong focus on matters of degree and semantics. Israel is not being furnished with weapons; they are merely being furnished with weapon components.  

Aside from ending arms sales, there is precedent for Australia taking the bull by the horns and charging into the mist of legal accountability regarding the killing of civilians in war. It proved an enthusiastic participant in the Joint Investigation Team (JIT), charged with combing through the events leading to the downing of the Malaysian Airlines MH17 over Ukraine in July 2014 by a Buk missile, killing all 298 on board.  

Any such equivalent investigation into the IDF personnel responsible for the killing of Frankcom and her colleagues is unlikely. When the IDF talks of comprehensive reviews, we know exactly how comprehensively slanted they will be.

 

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Killing Humanitarians: Israel’s War on Aid Workers in Gaza

Eulogies should rarely be taken at face value. Plaster saints take the place of complex individuals; faults transmute into golden virtues. But there was little in the way of fault regarding Lalzawmi “Zomi” Frankcom’s messianic purpose, whose tireless work for the charity, World Central Kitchen (WCK) in northern Gaza had not gone unnoticed. Sadly, the Australian national, along with six other members of WCK, were noticed by the Israeli Defense Forces (IDF) around midnight of April 1 and 2 and targeted in a strike that killed all of them. 

Other members of the slain crew included Polish citizen Damian Sobol, three British nationals whose names are yet to be released, a US-Canadian dual citizen, and the driver and translator Saif Abu Taha.

The charity workers had been unloading food supplies from Cyprus that had been sent via sea in a designated “deconflicted” area. All three vehicles, two armoured and one “soft skin”, sported the WCK logo. Even more galling for the charity was the fact that coordinating efforts between WCK and the IDF had taken place as it left the Deir al-Balah warehouse, where the individuals had been responsible for uploading over 100 tonnes of humanitarian food aid.

On April 2, Haaretz reported that three missiles had been fired in rapid succession at the convoy by a Hermes 450 UAV on direction of a unit guarding the aid transport route. The troops in question claimed to have spotted what they thought was an armed figure riding a truck that had entered one of the aid storage areas with three WCK vehicles. The armed figure, presumed to be a Hamas militant, never left the warehouse in the company of the vehicles.

In a public relations war Israel is increasingly losing, various statements of variable quality and sincerity could only confirm that fact. IDF spokesman Rear Adm. Daniel Hagari stated that he had spoken to WCK founder Chef José Andrés “and expressed the deepest condolences of the Israel Defense Forces to the families and the entire World Central Kitchen family.”

Hagari went on to add the IDF’s expression of “sincere sorrow to our allied nations who have been doing and continue to do so much to assist those in need.” This was a bit rich given the programmatic efforts of the IDF and Israeli officials to stifle and strangulate the provision of aid into the Gaza Strip, from the logistical side of keeping land crossings closed and delaying access to existing ones, to aggressive efforts to defund the United Nations Relief and Works Agency (UNRWA). 

As for the operation itself, Hagari announced that “the highest levels” of military officialdom had been “reviewing the incident” to comprehend the circumstances that led to the deaths. “We will get to the bottom of this and we will share our findings transparently.” Again exalting the prowess of his organisation in investigating such matters, he promised that the army’s General Staff Fact-Finding Assessment Mechanism – yet another independent body designed to give the impression of thoroughness and impartiality – would look into this “serious incident” to “reduce the risk of such an event from occurring again.” 

Israeli Prime Minister Benjamin Netanyahu gave a better barometric reading of the mood, and it was certainly not one of grieving or feeling aggrieved. The killings had merely been “a tragic instance of our forces unintentionally harming innocent people in the Gaza Strip. It happens in war.” Israel would “investigate it” and had been “in contact with the governments and we will do everything we can so that it doesn’t happen again.”

 

 

This is mightily optimistic given the butcher’s toll of 173 aid workers from UNRWA alone, with 196 humanitarians said to have died as of March 20, 2024 since October 7 last year. Aid workers have been killed in IDF strikes despite the regular provision of coordinates on their locations. Be it through reckless indifference, conscious intent, or a lack of competence, the morgues continue to be filled with humanitarian workers.

A bristling CEO of WCK, Erin Gore, proved blunter about the implications of the strike. “This is not only an attack against WCK, this is an attack on humanitarian organisations showing up in the most dire of situations where food is being used as a weapon of war.”

Project HOPE’s Executive Vice President, Chris Skopec, drew attention to the obvious, yet repeatedly neglected fact in the Gaza conflict that aid workers are protected by international humanitarian law. Gaza had become “one of the most dangerous places in the world to be a humanitarian worker. This is unacceptable and demands accountability through the International Criminal Court.”

Responsibility for the killings is unlikely to translate into accountability, let alone any public outing of the individuals involved. This is not to say that such exercises are impossible, even with Israel not being a member of the International Criminal Court. The pageantry of guilt can still be pursued. 

When Malaysian Airlines MH17 was downed over Ukraine in July 2014 by a Buk missile, killing all 298 on board, international efforts of terrier-like ferocity were initiated against those responsible for the deadly feat. The MH17 Joint Investigation Team (JIT), comprising the Netherlands, Australia, Malaysia, Belgium and Ukraine, identified the missile as having come from the 53rd Anti-Aircraft Missile Brigade of the Russian armed forces from Kursk. Four suspects were identified. Of the four, one was acquitted, with the district Court of The Hague handing down three life sentences in November 2022 along with an order to pay over €16 million in compensation to the victims. The individuals remain at large, and the Kremlin largely unmoved, but the point was made. 

In this case, any hope for seeking an external accounting for the event is likely to be kept in-house. Excuses of error and misidentification are already filling press releases and conferences. Doing so will enable the IDF to continue its program of quashing the Palestinian cause while pursuing an undisclosed war against those it considers, publicly or otherwise, to be its ameliorating collaborators. With an announcement by various humanitarian groups, including WCK, Anera and Project Hope, that their operations will be suspended following the killings, starvation, as a policy in Gaza, can receive its official blessing.  

 

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The Baltimore Bridge Collapse: Conspiracy as Mother’s Milk

The human mind is often incapable of tolerating the limitless nature of a universe, the absence of a divine architect, or appreciate that intended designs may be absent when it comes to events awful, ghastly and catastrophic. A disaster with some human agency is bound to have arisen because of a constructed plan, a template to harm, a scheme to injure. 

The collapse of the Francis Scott Key Bridge in Baltimore was another event to befuddle those searching for the plan. The Singaporean-flagged MV Dali container ship lost power on March 26 and collided with the bridge in the early morning, causing the dramatic destruction of the bridge and the deaths of six construction workers who fell into the Patapsco River.

The authorities were quick scotch notions of foul play. FBI Baltimore stated that there was “no specific and credible information to suggest any ties to terrorism at this time. The investigation is ongoing.” President Joe Biden, while betraying confusion about whether he ever travelled by train over the bridge or not – an impressive feat if so, given that the bridge never had train lines – described it as “a terrible accident. At this time, we have no other indication – no other reason to believe there was any intentional act here.”

The Kraken of conspiracy had, however, been unleashed. Andrew Tate, the Count of Online Misogyny, was quick to the digital podium in suggesting a cyberattack. In a post of breathless excitement, he notes how the “Lights go off and it deliberately steers towards the bridge supports.” For the influencer facing charges of human trafficking, forming an organised crime group, and sexual assault in Romania, this was the work of “Foreign agents of the USA”. With apocalyptic flavour, he declared that a “Black Swan event” was imminent. 

 

 

With tearing speed, former security advisors and current political representatives made their offerings of conspiratorial theory. Former US national security advisor Michael Flynn, who pleaded guilty to lying to the FBI about meetings with Russia’s ambassador to the United States leading up to Donald Trump’s inauguration in January 2017, added his own agreement with Tate. “Black swans normally come out of the world of finance (not military) … There are harbor masters for every single one of these transit ports in America that are in charge of assuring the safety of navigation … start there.” How exciting.

Former Florida state congressman Anthony Sabatini preferred a vaguer, more intangible culprit, identifying the enemy ideologically. It all came down to a policy of diversity, equity and inclusion, with the insinuation that the swarthy types were responsible. “DEI,” he stated with certainty, “did this.” Rep. Marjorie Taylor Greene (R-GA) worried whether this was “an intentional attack or an accident” and demanded an investigation, the very thing happening even as she bloviated on the subject.

Almost on cue, culturally charged theories began to froth and bubble. Matt Wallace, yet another cerebrally overheated influencer with 1.6 million followers, drew a comparison (and connection) between the collapse of the bridge and the Obama produced Netflix film Leave the World Behind, which featured a cargo shipping losing power and running aground on the coast of Long Island. 

In the film, the ship’s destination is Sri Lanka. The country’s national flag sports a lion. The MV Dali’s destination? Sri Lanka. The name of the cargo vessel in the film? White Lion. Celluloid could be effortlessly married to harmful plot and wicked design, or what another overly exercised social media user drunk on Christ and premonition liked to call “predictive programming”.

On CNN, Transportation Secretary Pete Buttigieg was trying to calm matters. “We’re in the business of dealing with roads and bridges and sometimes ships and trains. So we are not in the habit as a Department of Transportation, of being in the business of dealing with conspiracies, or conspiracy theories or that kind of wild thinking. But unfortunately, it is a fact of life in America today.” This, at best, is an airy reading of history.

The lifespan of the US Republic has been one of numbing conspiracy. In the land of Hope and Glory, with Freedom’s wash, conspiracy is mother’s milk. The Salem witch trials in Massachusetts pointed to Satan’s industrious work; the fledgling republic feared the clandestine seizure of power from within by well organised European elites. In the 1800 presidential race, rumours were sown by the Federalist Party that the wily Thomas Jefferson, a Democratic-Republican, was a closeted atheist keen on handing over the new state to France on his election. Jefferson won, and far from surrendering territory to France, doubled the size of the US with the purchase, from France, of 828,000 square miles. 

At its creation during the Cold War, the John Birch Society, after ventilating about global communist conspiracy and home-grown threats, redirected its focus to the fanciful conspiracy that the United Nations was keen on world government and trimming US sovereignty. This was much too flattering: the UN is rarely united and more akin to a collection of fractious tribes in permanent disagreement.

The problem with conspiratorial overheating is that the residual ash in the incineration can provide clues to something distantly plausible. This is helped by the fact that governments and state institutions have not been shy in breaching the social contract with the citizenry. The deep state notion, for instance, is laughed off by the very people who represent such interests and regard it as a crank’s viewpoint. 

Fundamentally, there is no need for conspiracy when there is a consensus, an understanding of agreed-upon facts and agreed-upon hierarchies of power. But as for such calamities as befell the Francis Scott Key Bridge, never let human imbecility, incompetence and error off the hook. To misjudge is to be human.

 

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