Hillary Clinton's Disdain for International Law -- Change We Can Believe In?

For those hoping for a dramatic change in U.S. foreign policy under an Obama administration -- particularly regarding human rights, international law, and respect for international institutions -- the appointment of Hillary Clinton as Secretary of State is a bitter disappointment.  Indeed, Senator Clinton has more often than not sided with the Bush administration against fellow Democrats on key issues regarding America’s international legal obligations, particularly international humanitarian law.

This will be particularly disappointing for those in the international community who were so positive about Obama’s election as president.  The selection of Hillary Clinton, at best, represents a return to the policies of her husband’s administration.

Because the Bush administration had taken things to new lows, many seem to have forgotten the fact that the Clinton administration had also greatly alienated the international community.  Regarding Iraq, Iran and Israel, the Clinton administration engaged in a series of policies which put the United States sharply at odds with most of its Western allies and a broad consensus of international legal scholars.  And these were not the only issues during the Clinton years over which the United States found itself isolated from the rest of the international community:  there was U.S. opposition to the land mine treaty, the strengthening of the embargo against Cuba, support for Morocco’s occupation of Western Sahara, foot-dragging on the Kyoto Protocols, support for Turkey’s vicious military offensive in the Kurdish regions of that country, among others.

Even worse, Hillary Clinton allied herself with the Bush administration on many its most controversial actions, such as the 2003 invasion of Iraq, threats of war against Iran, support for Israel’s 2006 offensive against Lebanon and 2002 offensive in the West Bank, opposition to the International Criminal Court, attacks against the International Court of Justice, and support for the unrestricted export of cluster bombs and other anti-personnel munitions used against civilian targets.

Hostility Toward Human Rights

Senator Hillary Clinton has opposed restrictions on U.S. arms transfers and police training to governments that engage in gross and systematic human rights abuses. Indeed, she has supported unconditional U.S. arms transfers and police training to such repressive and autocratic governments as Egypt, Morocco, Saudi Arabia, Oman, Pakistan, Equatorial Guinea, Azerbaijan, Cameroon, Kazakhstan, and Chad, just to name a few.

Senator Clinton voted to send tens of billions of dollars unconditionally to Baghdad to prop up Iraq’s U.S.-backed regime during the height of its repression, apparently unconcerned about the well-documented reports of death squads being run from the Interior Ministry that were killing many thousands of unarmed Sunni men.

She has also refused to join many of her Democratic colleagues in signing a letter endorsing a treaty that would limit arms transfers to countries that engage in a consistent pattern of gross and systematic human rights violations.

Not only has she been willing to support unconditional military assistance to repressive regimes, she has little inclination to control weapons that primarily target innocent civilians. Senator Clinton has refused to support the international treaty to ban land mines, which are responsible for killing and maiming thousands of civilians worldwide, a disproportionate percentage of whom have been children.

She was also among a minority of Democratic Senators to side with the Republican majority in voting down a Democratic-sponsored resolution in 2007 restricting U.S. exports of cluster bombs to countries that use them against civilian-populated areas. Each of these cluster bomb contains hundreds of bomblets that are scattered over an area the size of up to four football fields and, with a failure rate of up to 30 percent, become de facto land mines. Civilians account for as much as 98 percent of the casualties caused by these weapons.