Nicaragua’s charade at the ICJ

The solemnly named International Court of Justice (ICJ) in The Hague has become an arena for the world’s despots and authoritarians to strut and grandstand, projecting their own abuses—torture, censorship, genocide—onto the world’s democracies.

The anti-democratic crusade waged in the name of human rights has impacted Israel more than any other state. The Jewish state is subjected to insulting and, frankly, frivolous lawsuits every time it tries to discharge its basic duty of protecting its citizens—whether that was the security fence constructed along the West Bank border more than a decade ago or the war against Hamas in Gaza right now.

Since the onset of the latest war in the Gaza Strip, triggered by the monstrous Hamas pogrom of Oct. 7, Israel has been the focus of a baseless charge of genocide brought about by South Africa, which largely failed in its bid to make the accusation stick. Many observers pointed out that South Africa’s worsening domestic record—marked by corruption, horrific xenophobia towards migrants from other countries in southern Africa and an inability to deliver basic services like electricity and clean water to those who need them most—hardly qualifies its African National Congress (ANC)-led government to sit in judgment over Israel. Yet Pretoria has continued undeterred, at the same time that it welcomes Hamas leaders for state visits and treats its Jewish community—and anyone else who dares utter understanding for Israel—with unvarnished antisemitism.

Now the baton has passed to Nicaragua, which last week sent its lawyers to the ICJ to charge Germany with aiding and abetting Israel’s supposed “genocide.” The bitter irony is that it is Nicaragua’s far-left leadership, aligned with the dictatorships in Venezuela and Cuba, that should be in the dock.

Daniel Ortega has been in power in Nicaragua since 2007, and he’s not going anywhere—at least, not voluntarily. Some readers will remember Ortega’s name from the Sandinista revolution that overthrew the Somoza dictatorship in 1979 and the Iran-Contra scandal that followed during the subsequent decade. But you don’t have to dig deep into that history to get a sense of the kind of regime that he runs. As Freedom House—an NGO that monitors the state of liberty around the world—explains it, the latest period of Ortega’s rule has been “a period of democratic deterioration marked by the consolidation of all branches of government under his party’s control, the limitation of fundamental freedoms and unchecked corruption in government.”

In the last year alone, the Nicaraguan regime has expelled more than 200 opposition leaders into exile in the United States. It has passed new legislation to strip those deemed “traitors to the homeland” of their citizenship. It has turned the police into an arm of the executive, trampling over the separation of powers that democracies hold so dear. In many ways, this new wave of repression is an outgrowth of the regime’s brutal clampdown on anti-government protests in 2018. Abroad, meanwhile, its authoritarian domestic policy is matched by unflinching support for Russia in its invasion of Ukraine and a close bond with the Iranian regime, North Korea and other rogue states.

This, in short, is the character of the regime that has brought charges of “genocide” against Israel by targeting Germany’s supply of arms to the Jewish state—as if a serial sex offender was to opportunistically cry out, “rape!”

Why is Nicaragua embarking on this path at the ICJ? Some insight was provided by a German journalist who specializes in Latin American affairs, Toni Keppeler, during an interview last week with Swiss radio. Noting that Nicaragua is quite isolated among the world’s states, Keppeler suggested that the ICJ lawsuit was seen by Ortega as a means of boosting his international image. And Germany, he added, was a much safer bet than the United States, which supplies far more weapons to Israel, because America can punish Nicaragua in ways that Germany couldn’t or wouldn’t. He also noted that Ortega wants to be embraced by left-wing groups around the world. And so the Nicaraguan caudillo figures, not unreasonably, that bandwagoning on the Palestinian cause they are obsessed with is the way he will achieve that.

But there is another, more sinister reason behind Nicaragua’s action. Ultimately, these cases against Israel at the ICJ are aimed at shifting public perceptions of Israel and its history, and in particular, the influence of the Holocaust upon support for Israel in the democratic world. One of the reasons why Germany supports Israel is simply because it was the country that initiated the mass slaughter of Jews during World War II. Since 1945, democratic Germany has been guided by entirely different principles, elevating its backing for Israel into a staatsrason—“reason of state.” Indeed, as I noted recently, one of the several questions about Jews and Israel on the newly reformulated naturalization test for prospective immigrants to Germany asks, “What is the basis of Germany’s special responsibility to Israel?” with the correct answer being “The crimes of national socialism.”

That is how it should be, but for the international left, such a stance is intolerable. In their jaundiced eyes, Germany has atoned for the Holocaust by backing the nakba—the Arabic word for “catastrophe” used by many Palestinians to describe the creation of modern-day Israel in 1948. Germany’s position irritatingly reminds the world that Jews were once victims of nightmarish genocide themselves—hardly the sort of fact you’d want to highlight if your purpose is to turn them into victims once again. And so, Nicaragua’s lawyers (including, disgracefully, a German citizen named Daniel Muller) have trooped into the ICJ to argue that supporting the Jewish state is the wrong way to express solidarity with Jews.

The goal here, make no mistake, is to separate the Holocaust from Israel and to argue that the one entity in the world capable of preventing another Holocaust is actually sowing its seeds! It’s topsy-turvy logic, but if it works effectively as propaganda, generating meme after meme on social media, why worry about that?

Hence we arrive at a situation where the 15 ICJ judges debate a phantom genocide while turning a blind eye to genuine examples of this phenomenon, along with other related crimes. “The government of Nicaragua is perpetrating widespread violations and abuses that may amount to crimes against humanity,” the Global Center for the Responsibility to Protect Project noted in a briefing back in February, but you won’t hear a peep about that in the ICJ’s corridors. Ditto for Turkey’s racist treatment of its Kurdish minority, and indeed, for the myriad other examples of government-sponsored cruelty on every continent.

This is yet another demonstration of antisemitism, insofar as antisemitism applies to standards for Jews that no other nation has to contend with. That is the ugly reality behind these fanciful appeals to “international law” that plague Israel. Germany is now receiving a glimpse of what that feels like but only because of its relationship with Israel—otherwise, this case would never have been brought to court.

Ben Cohen is a Senior Analyst and Rapid Response Manager at the Foundation for Defense of Democracies (FDD), a Washington, DC-based, nonpartisan research institute focusing on national security and foreign policy.