ICJ Verdict: What it says, and what it doesn’t

Pakistan's legal teamThe International Court of Justice has responded to India’s case in the matter of alleged RAW spy Kulbushan Jadhav. India approached the ICJ after Jadhav was sentenced to death for his involvement in terrorist activities in Pakistan. The response has been celebrations in India, and outrage in Pakistan. Neither are warranted by the facts.

Here is the actual order of ICJ. Please read the contents carefully before going on.

ICJ order page 1ICJ order page 2ICJ order page 3 All the ICJ has declared at this point is that Jadhav should not be executed until the full proceedings are complete. He has not been acquitted, and he has not been freed. Obviously, we wanted the case not to be accepted, but this is not necessarily a defeat. Actually, the Court can still find completely in Pakistan’s favour after hearing all arguments which would be a much bigger defeat for India because it would leave no doubt. With that explained, it is worth revisiting some of the details of the case so that we can understand why there is so much confusion.

Let us be honest with ourselves. There have been questions about the way that Kulbushan Jadhav case was handled since day one. The surprise announcement of Jadhav’s death sentence may have been what the country wanted to hear, but it left more questions than answers. As I wrote at the time:

Why was the accused denied consular access per diplomatic norms? Does the fact that the weak ‘video confession’ is being promoted again mean that this is the only evidence we have? If the case against Jadhav was strong, why keep the evidence hidden away in secret military trials and classified ‘dossiers’?

None of these questions mean Jadhav was innocent or that he should be released. But as I warned at the time, the secret nature of the proceedings was going to haunt the proceedings. It is easy for us to accept the obvious, but that is because we have been conditioned to believe that RAW is responsible for terrorism in Pakistan by an endless media campaign by TV anchors, politicians, and military officers. The rest of the world, however, is not so certain.

We can blame the entire world’s inability to see things the way we do on a grand global conspiracy, or we can ask why we see things one way and the rest of the world sees them differently. Right now there is a debate about this going on as some are pointing out what we could have done better in the ICJ.

London-based Barrister Rashid Aslam says Pakistan was ill-prepared and did not utilise the 90 minutes it had to make its argument.

“Pakistan had 90 minutes of argument time but we wasted 40 minutes,” said Aslam. He added: “I was surprised why we finished our arguments in such little time. I think Khawar Qureshi didn’t consume all the time that was afforeded to him.”

He added: “Pakistan had the right to set up a judge there but we didn’t do that. I think Pakistan was grossly unprepared.”

Could part of the reason that we were grossly unprepared be that we believed it was an ‘open and shut’ case based on our own media narrative? If we prepared our case with the assumption that we would actually have to convince a sceptical audience, what would we have done differently? Exploring these questions could help us be better prepared for future global engagements including on issues like Kashmir.

Unfortunately, there is another more popular response that is being promoted. It is the one voiced by retired Justice Shaiq Usmani:

“It’s Pakistan’s mistake to have appeared there. They shouldn’t have attended.”

Rather than do the hard work of convincing someone who isn’t already convinced, we could just turn our backs on the rest of the world. We are already convinced, so why bother trying to convince anyone else. Who needs our critics to accuse us of being isolated when we have retired Justices suggesting that we isolate ourselves?

It is important to remember that the ICJ has not acquitted or released Jadhav, nor is the case finished. Actually, it is only beginning. We still have a chance to present our arguments and evidence. If we want to convince the world that we are telling the truth, though, we need to start by giving up the clever narrative management operations that continue to create confusion when things don’t go the way we are conditioned to expect them to. After all, if we aren’t secure enough to allow tough questions at home, how will we ever be able to answer them in an international forum like ICJ?

Dawn Hackers: Lynch Mob or Contract Hit Job?

Hackers target DawnYou have surely by now seen the alert. Dawn media group has been under attack by hackers since the last three months. All web sites are at risk from hackers who want to display some messages as pranks or spam, but this appears to be a more serious type of operation.

“for the past three months and a number of attempts have been made to hack and hijack its official social media accounts and the accounts of its staff”

So these hackers are not just trying to deface Dawn’s website, they are also targeting the individuals who work for Dawn. What are they looking for? For some clue, we might look at the time line of the attacks.

Dawn first reported that they were being targeted by hackers in January, but the media group’s troubles started a few months earlier when they published a controversial report about a meeting between PM Nawaz Sharif and DG ISI Gen Rizwan Akhtar in which Pakistan’s growing international isolation and willingness to take on all militant groups was allegedly discussed.

The report caused a panic in Rawalpindi and Islamabad. A Corps Commanders meeting was called and ISPR termed it ‘a breach of national security‘. PM House also released a strongly worded statement saying that publishing the report ‘had risked the vital state interests‘, and the reporter Cyril Almeida’s name was temporarily placed on ECL as if he were a wanted criminal.

From unofficial quarters, the response was even more extreme. Social media has been flooded with hashtag campaigns including:

#DawnIsATraitor

#DawnIndianPawn

#ArmyActForDawn

As usual, even media talking heads are smelling blood and promoting the narrative that Dawn is in league with India.


Is it any surprise that some hackers have put Dawn and even its staff in their sights? The question is whether this attack on Dawn is an informal response of an angry group intent on punishing Dawn without any trial – in other words a lynch mob? It is difficult to pinpoint the source of social media trends which occur both intentionally or unintentionally. However, the extent of the hacking operations targeting Dawn mean this could be something else: A contract hit job funded by those with the means and motivation to silence a media group that they believe has breached national security.

It is well known that the latest front in modern defence is cyber warfare and the battle for control of narratives and information. Cyber warriors operate like spies, lurking in the shadows of the internet and protecting their anonymity as a cloak to hide their goals and their methods. This gives state agencies who sponsor them cover of ‘plausible deniability’. Also like spies, many of cyber warfare operations are carried out by contractors, not uniformed soldiers, making it even harder to trace.

But there are still clues that raise questions. Who can support a three months long hacking operation? And if it was only some hypernationalist vigilantes looking to bring down the Dawn website, why are they targeting reporters social media accounts? Could they be trying to search through DMs for any incriminating evidence? Could such an operation be carried out by one or two hackers, or is it a team that is working? And if this is the case, who has trained and organised this team of cyber warriors?

There is another question, too. Most every other country treats hacking of media as an attack on national security. However in this case, there has been no response by security agencies, and no investigation has been demanded or announced. If it was believed that a cyber attack on a national media group was coming from Indian or other hostile agencies, surely there would be an appropriate response. In this case, though, the attack is met with silence. Is that silence a sign of approval?

Prime Minister’s Special Assistant on Foreign Affairs Tariq Fatemi is expected to resign over allegations of his involvement in leaking the information contained in the controversial Dawn report by the special committee set up to investigate the leaks. If he is found to have leaked sensitive or secret information, it is appropriate for him to resign or be sacked to stop future leaks.

Problem of leaking is only one part of the problem, though. There is also the issue of a massive hacking operation targeting national media. Unfortunately, till date there has been no sign of any interest in investigating or acting against those responsible. Actually, it is quite the opposite. Without an official investigation and report, this will leave the answers about who is behind it to your own imagination.

‘Zardari TV’ won’t restore People’s Party or media freedom

Zardari Bol TVAsif Ali Zardari has become the second former president to find a new career in media after Gen Musharraf was announced as having a new show last month. Just like when the former military dictators show was announced, the civilian politician’s announcement was also met with jokes on social media.

Some PPP supporters were not impressed with the move.

Others are making the more obvious point about Zardari joining none other than the controversial Bol TV.

However, this last point may be the point completely. Pakistan media has been under extreme pressure from GHQ which has only increased since arrival of new COAS Gen Qamar Bajwa. What better way to counter allegations of Army censorship than to have someone like Asif Zardari appear on a channel allegedly supported by agencies? Surely no one can accuse Zardari of being an establishment stooge.

It is true that Zardari is no establishment stooge, but it is also true that the former president is well known as an excellent politician who knows ‘the art of the deal’. PPP has seen its fortunes steadily sinking since its historic losses in 2013. Since that time, the party has been grasping as any opportunity to reinvent itself away from ‘Roti, Kapra aur Makaan’ to some sort of generic political party with a broader middle class appeal. Bilawal was rebooted as Kashmir mujahid, party leaders came out in support of military courts by blaming civilian institutions, and the party that has stood strongest for religious minorities has shown weakness on important issues like forced conversion. Zardari is no stooge, but does seem like PPP leaders have been taking some very bad advise and now are once again trying to be overly clever by taking the opportunity to get on TV in exchange for providing cover for Army’s media managers.

Whatever the true reasoning is impossible to know, and those who actually know will never tell it. What we can be sure of is that the antidote for military media managers is not political media managers. In this era of ‘fake news’ and media manipulation, it is becoming harder and harder to know what is true. The solution is to increase the number of professional journalists who are investigating and reporting the facts without ideological bias. Adding more politicians to the mix only adds to the confusion, which is something neither People’s Party nor media cannot afford.

Khaki TV

Gen Musharraf Bol TV Gen Musharraf who had tightened the noose on journalists at one time, is also often credited with granting the media the freedom that allowed it to grow into what we have today. However, like many things in Pakistan, there is more to media ‘freedom’ than first meets the eye. Actually, the claim that Musharraf himself freed the media came from none other than the general himself, and was mocked in the international media at the time. Even Moeed Pirzada once admitted that ‘a carefully-created perception of free media inside Pakistan helped the military dictator to market himself’. Despite being exposed in the international press, the strategy worked better than could ever have been dreamed at home and led to the rise of an entire industry of Army/ISI media proxies. Now it looks like that strategy is coming into its latest phase.

Ever since becoming ‘free’, media has seen the likes of Ahmed Quraishi and Zaid Hamid whose journalistic credentials were less important than their talking points. Mainstream anchors have also raised questions about media independence as certain well known voices are widely considered as Army mouthpieces, and those who dare question or criticise GHQ are silenced with threats or worse. It is a coincidence that in this era of ‘media freedom’, this is the quality of ‘journalism’ we are subjected to?

Waj bro will soon have competition, though, from a new media personality even closer to GHQ: The ex-dictator himself. Gen Musharraf has announced that he is joining none other than Bol TV (yes, the same channel that has long been rumoured to be an ISI front). It is more accurate to say that Gen Musharraf is returning to TV since he has played this role before.

Gen Musharraf PTV coup

At a time when whole world is trying to solve the problem of ‘fake news’, Pakistan media is doubling down on the strategy of ‘a carefully-created perception of free media’ to market the Army to itself. Now they will even be joined by the founder of this strategy himself.

World Is Cracking Down On Fake News: Is Pakistan Media At Serious Risk?

After Donald Trump brought the problem of ‘fake news’ and ‘alternative facts’ to the attention of the world, internet editors have begun to ask questions about the credibility of so-called ‘news’ sources. The latest sign of a widespread crack down on fake news is the announcement that Wikipedia has banned using UK newspaper Daily Mail as a source, terming it as ‘generally unreliable‘. This is a major development because it is banning of a newspaper that was founded 120 years ago, not some shadowy website that popped up over night.

With wide spread concern about the ill effects of ‘fake news’, banning of Daily Mail  may be just the beginning, and Pakistan media may be at serious risk. Since the past several years, dozens of fake news sites in Pakistan have been exposed. The most famous example was blog Cafe Pyala that shined the light on shadowy propaganda rings that appeared close to the deep state including even a Pakistani fake news source called ‘Daily Mail‘! Then last year an APP report may have  accidentally busted another fake news operation with ties to ISI.

Tight control of Pakistan media by Army is already well reported in international media. In 2015, The Guardian published an expose about Army officials threatening journalists and forcing them to self-censor. How can such media be deemed as reliable if it is well known that it is threatened and coerced by Army? These threats have again come under view after a group of bloggers who dared question Army mysteriously disappeared earlier this year, resulting in new global attention to the dangerous turn of censorship in Pakistan.

However, it’s not just censorship that threatens the credibility of Pakistan media as a whole, it is also the number of obvious deep state puppets who dominate the media. There are the obvious jokers like Ahmed Quraishi and Zaid Hamid, but there are also the more ‘serious’ journalists like Mubashir Lucman, whose fake news cost ARY millions after being judged by an international court, or Moeed Pirzada who is widely seen as close to the establishment.

As the world makes moves to limit the negative influence of fake news, will Pakistani media find itself caught between the rock of international questions and the hard place of establishment operations to keep tight control over national discussions? If UK Daily Mail is termed as ‘generally unreliable’, what can we say about most of Pakistani news? As the world community takes on the problem of fake news, Pakistani media will be facing a lot of difficult choices.