Bipartisan Congressional efforts to support Israeli settlements and expansionism

Following earlier Congressional initiatives to effectively recognize Morocco’s illegal annexation of the occupied nation of Western Sahara, a bipartisan effort has been launched in Congress in support of Israel’s colonization of occupied Palestinian territory in the West Bank and greater East Jerusalem, effectively recognizing Israeli annexation of territories seized in the 1967 war.

The expansion of territory by military force is prohibited under the U.N. Charter, and the Israeli settlements are considered illegal under the Fourth Geneva Convention, a series of UN Security Council resolutions, and a landmark advisory opinion of the International Court of Justice.

This summer, Congress passed a trade bill [1] that, for the first time, formally defines “Israel” as including Arab territories recognized by the international community as under foreign belligerent occupation. Part of the “fast track” legislation to help ensure passage of the controversial Trans-Pacific Partnership, the clause was an attempt to force the Obama administration to pressure potential U.S. trading partners to no longer boycott products made in illegal settlements or discourage their companies from supporting the Israeli occupation.

President Barack Obama, in a signing statement, said the administration would not abide by that section of the legislation. The State Department [2]similarly rejected the pro-settlements language, noting that “[e]very U.S. administration since 1967 — Democrat and Republican alike — has opposed Israeli settlement activity beyond the 1967 lines.”

The main target of the bill was the European Union, which prohibits funding of any projects beyond Israel’s internationally recognized borders and recently issued a clarification of labeling laws declaring products made in Israeli settlements could not be marked as having been “Made in Israel.”

Subsequently, members of Congress have written three separate letters [3] to the EU’s foreign policy chief and to the U.S. trade representative [4] claiming that the EU initiative was a “de-facto boycott of Israel” and accusing the EU of implementing “restrictive and illegal trade measures” despite the fact that the decision was only in regard to the occupied territories and did not call for boycotting any products from the settlements, much less Israel itself. Signers of this effort included such prominent Democrats as Kirsten Gillibrand (D-N.Y.), Ben Cardin (D-Md.), Bob Casey, Jr. (D-Pa.), Bob Menendez (D-N.J.), Ron Wyden (D-Ore.), Chuck Schumer (D-N.Y.), and Cory Booker (D-N.J.).

Ironically, supporters of such boycotts [5]noted how “labeling the illegal products of Israeli colonies instead of banning them is seen by Palestinians as yet another EU failure to uphold European and international law.”

Another recent bill, sponsored by Nita Lowey (D-N.Y.), the ranking member of the House Appropriations Subcommittee on State, Foreign Operations, and Related Programs, would formally put Congress on record opposing the EU’s interpretive notice on products from settlements. Co-sponsored by Rep. Ed Royce (R-Calif.), chair of the House Foreign Affairs Committee, as well as his Democratic counterpart Elliot Engel (D-N.Y.), the committee’s ranking member, it places both parties’ chief foreign policy leaders in the House of Representatives in opposition to the administration’s efforts to curb expansion of Israel’s illegal settlements. According to Lowey [6], such truth-in-labeling laws are designed “to extract one-sided concessions and feed into politically-motivated acts to boycott Israel,” despite the fact that the initiative explicitly did not ban the actual importation goods from either Israel or Israeli settlements.

On Jan. 23, U.S. Customs re-issued a guidance [7] noting how, according to a 1995 law, “It is not acceptable to mark [goods produced in the West Bank or Gaza Strip] with the words ‘Israel,’ ‘Made in Israel,’ ‘Occupied Territories-Israel,’ or any variation thereof”; that products produced in settlements should not be labeled as having originated in Israel; and that such products would be ineligible for duty-free entry into the United States as are Israeli products and thereby subjected to a 10 percent duty. In response, Senators Tom Cotton (R-Ark.)*, Marco Rubio (R-Fla.), Ted Cruz (R-Texas), and Cory Gardner (R-Colo.) have introduced [8] a new bill calling on goods produced in the West Bank and Gaza Strip to be labeled “Made in Israel” when sold in the United States.

Meanwhile, a Customs bill [9] recently passed in Congress with bipartisan support calls on the United States to prevent investigations or prosecutions by any government or international organization of U.S. citizens for doing business with individuals or entities operating from the illegal settlements.

Indeed, the legislation states prohibitions against “boycott, divestment from, and sanctions against Israel” includes not just Israel itself but “Israeli-controlled territories.” It also prohibits any U.S. court from recognizing or enforcing any judgment against Americans who conduct business in Israeli settlements and requires the president to submit a report on decisions by individuals, corporate entities and state-affiliated financial institutions, “that limit or prohibit economic relation” not only in Israel but in all “in Israeli-controlled territories.”

While some activists calling for boycotts, divestment, and sanctions have been criticized for blurring the distinction between the Israeli occupation and Israel itself, these bipartisan Congressional initiatives deliberately blur this distinction as well. Indeed, these efforts appear to be designed to undermine the Obama administration’s efforts to end Israel’s colonization drive and allow for the establishment of an independent viable Palestinian state alongside a secure Israel.

Lara Friedman of the liberal Zionist group Americans for Peace Now notes how such efforts are [10] “not about defending Israel at all,” but rather about “shielding Israeli settlements from pressure” and “seeking to codify in U.S. law the view that there is no distinction between Israel and Israeli settlements in the occupied territories.”

Unlike in Israel itself, Arabs in the occupied territories are denied the right to vote in Israeli elections, are rigidly segregated, and lack the same rights as Jews. Therefore, according to Mitchell Plitnick [11] of the Foundation for Middle East Peace, such legislation “serves no obvious purpose other than to maintain that occupation” and are effectively “siding with the most anti-Israel elements of the BDS movement who also see the West Bank, Israel and Gaza as a single state, under Israeli rule and therefore an apartheid state.”

It is profoundly disappointing that well into the 21st century, both parties in Congress appear committed to rejecting long-standing international legal principles by effectively endorsing the right of conquest.

Hillary the Hawk

Despite being an icon for many liberals and an anathema to the Republican right, former U.S. Senator and Secretary of State Hillary Clinton’s positions on the Middle East have more closely resembled those of the latter than the former. Her hawkish views go well beyond her strident support for the U.S. invasion of Iraq in 2003 and subsequent occupation and counter-insurgency war. From Afghanistan to Western Sahara, she has advocated for military solutions to complex political problems, backed authoritarian allies and occupying armies, dismissed war crimes, and opposed political involvement by the United Nations and its agencies. TIME magazine’s Michael Crowley aptly summed up her State Department record in 2014:

As Secretary of State, Clinton backed a bold escalation of the Afghanistan war. She pressed Obama to arm the Syrian rebels, and later endorsed airstrikes against the Assad regime. She backed intervention in Libya, and her State Department helped enable Obama’s expansion of lethal drone strikes. In fact, Clinton may have been the administration’s most reliable advocate for military action. On at least three crucial issues—Afghanistan, Libya, and the bin Laden raid—Clinton took a more aggressive line than [Secretary of Defense Robert] Gates, a Bush-appointed Republican.

Her even more hawkish record during her eight years in the Senate, when she was not constrained by President Barack Obama’s more cautious foreign policy, led to strong criticism from progressive Democrats and played a major role in her unexpected defeat in the 2008 Democratic presidential primaries.

After stepping down from the helm of the State Department in early 2013, she made a concerted effort to distance herself from Obama’s Middle East policies, which—despite including the bombing of no less than seven countries in the greater region—she argues have not been aggressive enough. It is not surprising, therefore, that the prominent neoconservative Robert Kagan, in examining the prospects of her becoming commander-in-chief, exclaimed to the New York Times in 2014, “I feel comfortable with her on foreign policy.” He elaborated by noting that “if she pursues a policy which we think she will pursue, it’s something that might have been called neocon, but clearly her supporters are not going to call it that. They are going to call it something else.” The same New York Times article noted how neoconservatives are “aligning themselves with Hillary Rodham Clinton and her nascent presidential campaign, in a bid to return to the driver’s seat of American foreign policy.”

If Clinton wins the American presidency in 2016, she will be confronted with the same momentous regional issues she handled without distinction as Obama’s first secretary of state: among them, the civil war and regional proxy war in Syria; the Syrian conflict’s massive refugee crisis; civil conflict in Yemen and Libya; political fragility in Iraq and Afghanistan; Iran’s regional ambitions; the Israel-Palestine conflict; and deteriorating relations with longstanding allies Israel, Egypt, and Saudi Arabia. There are disagreements as to whether Clinton truly embraces a neoconservative or other strong ideological commitment to hardline policies or whether it is part of a political calculation to protect herself from criticism from Republicans who hold positions even further to the right. But considering that the Democratic Party base is shifting more to the left, that she represented the relatively liberal state of New York in the Senate, and that her 2008 presidential hopes were derailed in large part by her support for the Iraq war, it would probably be a mistake to assume her positions have been based primarily on political expediency. Regardless of her motivations, however, a look at the positions she has taken on a number of the key Middle East policy issues suggest that her presidency would shift America to a still more militaristic and interventionist policy that further marginalizes concerns for human rights or international law.

Voting for War in Iraq

Hillary Clinton was among the minority of congressional Democrats who supported Republican President George W. Bush’s request for authorization to invade and occupy Iraq, a vote she says she cast “with conviction.”As arms control specialists, former United Nations weapons inspectors, investigative journalists, and others began raising questions regarding the Bush administration’s claims about Iraq having reconstituted its chemical, biological, and nuclear weapons programs and its chemical and biological weapons arsenals, Clinton sought to discredit those questioning the administration’s alarmist rhetoric by insisting that Iraq’s possession of such weapons and weapons programs were not in doubt. She said that “if left unchecked, Saddam Hussein will continue to increase his capacity to wage biological and chemical warfare, and will keep trying to develop nuclear weapons.” She insisted that there was a risk that, despite the absence of the necessary delivery systems, Saddam Hussein would somehow, according to the 2002 resolution, “employ those weapons to launch a surprise attack against the United States,” which therefore justifies “action by the United States to defend itself” through invading and occupying the country.

As a number of prominent arms control analysts had informed her beforehand, absolutely none of those charges were true. The pattern continued when then-Secretary of State Colin Powell in a widely ridiculed speech told the United Nations that Iraq had close ties with Al-Qaeda, still had major stockpiles of chemical and biological weapons, and active nuclear, chemical, and biological weapons programs. Powell himself later admitted his speech was misleading and filled with errors, yet Clinton insisted that it was nevertheless “compelling.”

In an apparent effort to convince her New York constituents, still stung by the September 11 attack thirteen months earlier, of the necessity of war, she was the only Democratic U.S. senator who made the false claim that Saddam Hussein had “given aid, comfort, and sanctuary” to Al-Qaeda, an accusation that even many fervent supporters of the invasion recognized as ludicrous. Indeed, top strategic analysts had informed her that there were no apparent links between Saddam Hussein’s secular nationalist regime and the radical jihadist Al-Qaeda. Indeed, doubts over such claims appeared in the U.S. National Intelligence Estimates made available to her and in a definitive report by the Department of Defense after the invasion. These reports not only confirmed that no such link existed, but that no such link could have been reasonably suggested based upon the evidence available at that time.

Clinton’s defenders insist she was misled by faulty intelligence. She admitted that she did not review the National Intelligence Estimate that was made available to members of Congress prior to the vote that was far more nuanced in their assessments than the Bush administration claimed. (She claimed that the authors of the report, including officials from the State Department, Central Intelligence Agency, and Department of Defense, had briefed her: “I felt very well briefed.”) She also apparently ignored the plethora of information provided by academics, independent strategic analysts, former UN inspectors, and others, which challenged the Bush administration’s claims and correctly noted that Iraq had likely achieved at least qualitative disarmament. Furthermore, even if Iraq had been one of the dozens of countries in the world that still had stockpiles of chemical and/or biological weapons and/or a nuclear program, the invasion was still illegal under the UN Charter, according to a consensus of international law experts as well as then-UN Secretary General Kofi Annan; it was also arguably unnecessary, given the deterrence capability of the United States and well-armed Middle Eastern states.

Despite wording in the Congressional resolution providing Bush with an open-ended authority to invade Iraq, Clinton later insisted that she voted for the resolution simply because “we needed to put inspectors in.” In reality, at the time of vote, the Iraqis had already agreed in principle to a return of the weapons inspectors and were negotiating with the United Nations Monitoring and Verification Commission on the details which were formally institutionalized a few weeks later. (Indeed, it would have likely been resolved earlier had the United States not repeatedly postponed the UN Security Council resolution in the hopes of inserting language which would have allowed the United States to unilaterally interpret the level of compliance.) In addition, she voted against the substitute amendment by Democratic Senator Carl Levin of Michigan, which would have also granted President Bush authority to use force, but only if Iraq defied subsequent UN demands regarding the inspections process. Instead, Clinton voted for the Republican-sponsored resolution to give President Bush the authority to invade Iraq at the time and circumstances of his own choosing regardless of whether inspectors returned. Unfettered large-scale weapons inspections had been going on in Iraq for nearly four months with no signs of any proscribed weapons or weapons facilities at the time the Bush administration launched the March 2003 attack, yet she still argued that the invasion was necessary and lawful. Despite warnings by scholars, retired diplomats, and others familiar with the region that a U.S. invasion of Iraq would prove harmful to the United States, she insisted that at U.S.-led takeover of Iraq was “in the best interests of our nation.”

Rather than being a misguided overreaction to the 9/11 tragedy driven by the trauma that America had experienced, Clinton’s militaristic stance on Iraq predated her support for Bush’s invasion. For example, in defending her husband President Bill Clinton’s four-day bombing campaign against Iraq in December 1998, she claimed that “the so-called presidential palaces … in reality were huge compounds well suited to hold weapons labs, stocks, and records which Saddam Hussein was required by the UN to turn over. When Saddam blocked the inspection process, the inspectors left.” In reality, there were no weapons labs, stocks of weapons, or missing records in these presidential palaces. In addition, Saddam was still allowing for virtually all inspections to go forward. The inspectors were ordered to depart by her husband a couple days beforehand to avoid being harmed in the incipient bombings. Ironically, in justifying her support for invading Iraq years later, she would claim that it was Saddam who had “thrown out” the UN inspectors. She also bragged that it was during her husband’s administration that the United States “changed its underlying policy toward Iraq from containment to regime change.”

What distinguishes Clinton from some of the other Democrats who crossed the aisle to support the Republican administration’s war plans is that she continued to defend her vote even when the rationales behind it had been disproven. For example, in a speech at the Council on Foreign Relations in New York in December 2003, in which she underscored her support for a “tough-minded, muscular foreign and defense policy,” she declared, “I was one who supported giving President Bush the authority, if necessary, to use force against Saddam Hussein. I believe that that was the right vote” and was one that “I stand by.” Similarly, in an interview on CNN’s Larry King Live in April 2004, when asked about her vote in favor of war authorization, she said, “I don’t regret giving the president authority.”

As it became increasingly apparent that her rationales for supporting the war were false, U.S. casualties mounted, the United States was dragged into a long counter-insurgency war, and the ongoing U.S. military presence was exacerbating sectarian violence and the threat from extremists rather than curbing it, Clinton came under increasing pressure from her constituents to call for a withdrawal of U.S. forces. She initially rejected these demands, however, insisting U.S. troops were needed to keep fighting in order to suppress the insurgency, terrorism, and sectarian divisions the invasion had spawned, urging “patience” and expressing her concern about the lack of will among some Americans “to stay the course.” She insisted that “failure is not an option” in Iraq, so therefore, “We have no option but to stay involved and committed.” In 2005, she insisted that it “would be a mistake” to withdraw U.S. troops soon or simply set a timetable for withdrawal. She argued that the prospects for a “failed state” made possible by the invasion she supported made it in the “national security interest” of the United States to remain fighting in that country. When Democratic Congressman John Murtha of Pennsylvania made his first call for the withdrawal of U.S. forces from Iraq in November of that year, she denounced his effort, calling it a “a big mistake” and declared, “I reject a rigid timetable that the terrorists can exploit.” Using a similar rationale as was used in the latter years of the Vietnam War, she declared, “My bottom line is that I don’t want their sons to die in vain,” insisting that, “I don’t think it’s the right time to withdraw” and that, “I don’t believe it’s smart to set a date for withdrawal.” In 2006, when Democratic Senator John Kerry of Massachusetts (her eventual successor as secretary of state) sponsored an amendment that would have required the redeployment of U.S. forces from Iraq by the middle of 2007 in order to advance a political solution to the growing sectarian strife, she voted against it. Similarly, on Meet the Press in 2005, she emphasized, “We don’t want to send a signal to insurgents, to the terrorists, that we are going to be out of here at some, you know, date certain.”

Two years after the invasion, as the consensus was growing that the situation in Iraq was rapidly deteriorating, Clinton still defended the war effort. When she visited Iraq in February 2005 as a U.S. senator, the security situation had gotten so bad that the four-lane divided highway on flat open terrain connecting the airport with the capital could not be secured at the time of her arrival, requiring a helicopter to transport her to the Green Zone, but she nevertheless insisted that the U.S. occupation was “functioning quite well.” When fifty-five Iraqis and one American soldier were killed during her twenty-four-hour visit, she insisted that the rise in suicide bombings was somehow evidence that the insurgency was failing. As the chaos worsened in subsequent months, she continued to defend the invasion, insisting, “We have given the Iraqis the precious gift of freedom,” claiming that whatever problems they were subsequently experiencing was their fault, since, “The Iraqis have not stepped up and taken responsibility, as we had hoped.”

Clinton finally began calling for the withdrawal of U.S. troops when she became a candidate for the 2008 Democratic presidential nomination, but she was critical of her rival Barack Obama’s longstanding antiwar stance. Even though Obama in 2002 (then a state senator in Illinois) had explicitly supported the ongoing international strategy of enforcing sanctions, maintaining an international force as a military deterrent, and returning UN inspectors to Iraq, Clinton charged in a nationally televised interview on Meet the Press on January 14, 2008, that “his judgment was that, at the time in 2002, we didn’t need to make any efforts” to deal with the alleged Iraqi “threat”—essentially repeating President Bush’s argument that anything short of supporting an invasion meant acquiescence to Saddam’s regime. She also criticized Obama’s withdrawal plan.

Former Secretary of Defense Robert Gates writes in his book Duty: Memoirs of a Secretary at War that Clinton stated in his presence that her opposition to President Bush’s decision in 2007 to reject the bipartisan call of the Iraq Study Group to begin a osased withdrawal of U.S. troops and to instead escalate the number of American combat forces was largely political, given the growing opposition to the war among Democratic voters. Indeed, long before President Bush announced his “surge,” Clinton had called for the United States to send more troops.

Unlike former U.S. Senators John Kerry, Tom Harkin, John Edwards, and other Democratic supporters of the Iraq war resolution, Clinton has never apologized for her vote to authorize force. She has, however, said that she now “regrets” her vote, which she refers to as a “mistake.” Yet, arguments against the Iraq war authorization, virtually all of which have turned out to have been accurate, had been clearly articulated for months leading up to the congressional vote. She and her staff met with knowledgeable people who made a strong case against supporting President Bush’s request, including its illegality under the United Nations Charter, providing her with extensive documentation challenging the administration’s arguments, and warning her of the likely repercussions of a U.S. invasion and occupation.

“All Options on the Table”

Saddam’s Iraq is not the only oil-rich country towards which Clinton has threatened war over its alleged ties to terrorists and Weapons of Mass Destruction. She long insisted that the United States should keep “all options on the table”—clearly an implied threat of unilateral military force—in response to Iran’s nuclear program despite the illegality under the UN Charter of launching such a unilateral attack. Her hawkish stance toward Iran, which is a signatory to the Nuclear Non-Proliferation Treaty (NPT) and has disavowed any intention of developing nuclear weapons, stands in contrast with her attitude toward countries such as Israel, Pakistan, and India which are not NPT signatories and have already constructed nuclear weapons. She has shown little regard for the danger of the proliferation by countries allied with the United States, opposing the enforcement of UN Security Council resolutions challenging the programs of Israel, Pakistan, and India, supporting the delivery of nuclear-capable missiles and jet fighters to these countries, and voting to end restrictions on U.S. nuclear cooperation with countries that have not signed on to the NPT.

Clinton has nonetheless insisted that the prospect of Iran developing nuclear weapons “must be unacceptable to the entire world”—challenging the nuclear monopoly of the United States and its allies in the region would somehow “shake the foundation of global security to its very core,” in her view. In 2006, she accused the Bush administration of failing to take the threat of a nuclear Iran seriously enough, criticized the administration for allowing European nations to lead diplomatic efforts, and insisted that the United States should make it clear that military options were still being actively considered. Similarly, during the 2008 presidential campaign, she accused Obama of being “naïve” and “irresponsible” for wanting to engage with Iran diplomatically. Not only did she promise to “obliterate” Iran if it used its nonexistent nuclear weapons to attack Israel, she refused to rule out a U.S. nuclear first strike on that country, saying, “I don’t believe that any president should make any blanket statements with respect to the use or non-use of nuclear weapons.”

As with Iraq, she has made a number of alarmist statements regarding Iran, such as falsely claiming in 2007 that Iran had a nuclear weapons program, even though International Atomic Energy Agency and independent arms control specialists, as well as a subsequent National Intelligence Estimate, indicated that Iran’s nuclear program at that time had no military component. Clinton supported the Kyl-Lieberman Amendment calling on President Bush to designate the Iranian Revolutionary Guard as a terrorist group, which the Bush administration correctly recognized as an irresponsibly sweeping characterization of an organization that also controls major civilian administration, business, and educational institutions. The amendment declared that “it should be the policy of the United States to combat, contain, and roll back the violent activities and destabilizing influence … of the Government of the Islamic Republic of Iran,” language which many feared could be used as a de facto authorization for war.

Her hawkish stance towards Iran continued after she became Obama’s first secretary of state in 2009. In Michael Crowley’s 2014 story in TIME, Obama administration officials noted how she was “skeptical of diplomacy with Iran, and firmly opposed to talk of a ‘containment’ policy that would be an alternative to military action should negotiations with Tehran fail.” Clinton disapproved of the opposition expressed by Pentagon officials regarding a possible U.S. attack on Iran because she insisted “the Iranians had to believe we would use force if diplomacy failed.” In an August 2014 interview with the Atlantic’s Jeffrey Goldberg, when she was no longer in the administration, she took a much harder line on Iranian nuclear enrichment than the United States and its negotiating partners recognized was realistic, leading some to suspect she was actually pushing for military intervention.

Clinton, by then an announced candidate for the Democratic presidential nomination, did end up endorsing the 2015 nuclear agreement. Opposing a major foreign policy initiative of a sitting Democratic president, especially one with strong Democratic support, would have been politically untenable. Yet, Clinton’s hardline views toward the Islamic Republic remain palpable. For example, in a speech in September 2015 at the Brookings Institution, she claimed that Iran’s leaders “talk about wiping Israel off the face of the map”—a gross distortion routinely parroted by hardliners in Washington. The original statement was uttered by revolutionary leader Ayatollah Khomeini a quarter century earlier and quoted in 2005 by then-President Mahmoud Ahmadinejad (who left office in 2013). Moreover, there is no such idiom in Farsi for “wiping off the map.” Khomeini’s statement was in a passive tense and asserted his belief that Israel should no longer be a Jewish nation state, not that the country’s inhabitants should be annihilated. Yet, during her speech, Clinton kept repeating for emphasis, “They vowed to destroy Israel. And that’s worth saying again. They vowed to destroy Israel.”

Clinton often seems oblivious to the contradictions in her views and rhetoric. For example, to challenge Iran, an authoritarian theocratic regime which backs extremist Islamist groups, she has pledged to “sustain a robust military presence in the region” and “increase security cooperation with our Gulf allies”—namely, other authoritarian theocratic regimes like Saudi Arabia, the United Arab Emirates, and Qatar, which also back extremist Islamist groups.

She has also repeated neoconservative talking points on alleged Iranian interference in various Middle Eastern conflicts. For example, she has decried Iran’s “involvement in and influence over Iraq,” an ironic complaint for someone who voted to authorize the overthrow of the anti-Iranian secular government of Saddam Hussein despite his widely predicted replacement by pro-Iranian Shiite fundamentalist parties. As a U.S. senator, she went on record repeating a whole series of false, exaggerated, and unproven charges by Bush administration officials regarding Iranian support for the Iraqi insurgency, even though the vast majority of foreign support for the insurgency was coming from Saudi Arabia and other Arab countries and that the majority of the insurgents attacking U.S. occupation forces were fanatically anti-Iranian and anti-Shiite.

She has also gone on record holding “Iran responsible for the acts of aggression carried out by Hezbollah and Hamas against Israel.” Presumably since she realizes that relations between Iran and Hamas—who are supporting opposing sides in the Syrian civil war—are actually quite limited, she has not called for specific actions regarding this alleged link. But she has pledged to make it a priority as president to cut off Iran’s ability to fund and arm Hezbollah, including calling on U.S. allies to somehow block Iranian planes from entering Syria. In addition, notwithstanding the provisions in the nuclear agreement to drop sanctions against Iran, she has called on Congress to “close any gaps” in the existing sanctions on non-nuclear issues.

When Senator Bernie Sanders of Vermont, her principal rival for the Democratic presidential nomination in 2016, suggested taking steps to eventually normalize diplomatic relations with Iran, the Clinton campaign attacked him as being irresponsible and naïve. Despite the fact that the vast majority of U.S. allies already have diplomatic relations with the Islamic Republic, a campaign spokesperson insisted it would somehow “cause very real consternation among our allies and partners.”

Dictators and Democrats

Though bringing democracy to Iraq was one of the rationales Hillary Clinton gave for supporting the invasion of that country, she has not been as supportive of democratic movements struggling against American allies. During the first two weeks of protests in Tunisia against the dictatorial regime of Zine El-Abidine Ben Ali in December 2010, Secretary of State Hillary Clinton expressed her concern over the impact of the “unrest and instability” on the “very positive aspects of our relationship with Tunisia.” She insisted that the United States was “not taking sides” in the struggle between the corrupt authoritarian government and the pro-democracy demonstrators, and that she would “wait and see” before communicating directly with Ben Ali or his ministers. Nearly four weeks after the outbreak of protests, she finally acknowledged some of the grievances of the demonstrators, saying “one of my biggest concerns in this entire region are the many young people without economic opportunities in their home countries.” Rather than calling for a more democratic and accountable government in Tunisia, however, her suggestion for resolving the crisis was calling for the economies of Tunisia and other North African states “to be more open.” Ironically, Tunisia under the Ben Ali regime—more than almost any country in the region—had been following the dictates of Washington and the International Monetary Fund in instituting “structural adjustment programs” privatizing much of its economy and allowing for an unprecedented level of “free trade.”

Just two days after the interview in which she appeared to back the Ben Ali regime, as the protests escalated further, Clinton took a more proactive stance at a meeting in Qatar, where she noted that “people have grown tired of corrupt institutions and a stagnant political order” and called for “political reforms that will create the space young people are demanding, to participate in public affairs and have a meaningful role in the decisions that shape their lives.” By this point, however, Tunisians were making clear they were not interested in simply “political reforms” but the downfall of the regime, which took place the following day.

Clinton took a similarly cautious approach regarding the Egyptian uprising, which began a week and a half later on January 25. In the initial days of the protests, despite the government’s brutal crackdown, she refused to do more than encourage the regime to allow for peaceable assembly. Despite appearances to the contrary, Clinton insisted that “the country was stable” and that the Mubarak government was “looking for ways to respond to the legitimate needs and interests of the Egyptian people,” despite the failure of the regime in its nearly thirty years in power to do so. As protests continued, she issued a statement simply calling on the regime to reform from within rather than supporting the movement’s demand for the downfall of the dictatorship.

After two weeks of protests, Clinton pressed vigorously for restraint by security forces and finally called for an “orderly, peaceful transition” to a “real democracy” in Egypt, but still refused to demand that Mubarak had to step down, insisting that “it’s not a question of who retains power. That should not be the issue. It’s how are we going to respond to the legitimate needs and grievances expressed by the Egyptian people and chart a new path.” On the one hand, she recognized that whether Mubarak would remain in power “is going to be up to the Egyptian people.” On the other hand, she continued to speak in terms of reforms coming from within the regime, stating that U.S. policy was to “help clear the air so that those who remain in power, starting with President Mubarak, with his new vice president, with the new prime minister, will begin a process of reaching out, of creating a dialogue that will bring in peaceful activists and representatives of civil society to … plan a way forward that will meet the legitimate grievances of the Egyptian people.” As the repression continued to worsen and demands for suspending U.S. military assistance to the regime increased, she insisted “there is no discussion of cutting off aid.” As late as February 6, when Mubarak’s fall appeared imminent, Clinton was publicly advocating a leadership role for Mubarak’s newly named vice president. That was General Omar Suleiman, the longtime head of Egypt’s feared general intelligence agency, who among other things had played a key role in the Central Intelligence Agency’s covert rendition program under which suspected terrorists were handed over to third-party governments to be interrogated and in some cases were tortured. In discussions within the Obama administration, she pushed for the idea of encouraging Mubarak to initiate a gradual transition of power, disagreeing with Obama’s eventual recognition that the U.S.-backed dictator had to step down immediately. In her book Hard Choices, a memoir of her tenure as secretary of state written three years later, Clinton noted, “I was concerned that we not be seen as pushing a longtime partner out the door.”

After Saudi Arabian forces joined those of the Bahraini monarchy in brutally repressing nonviolent pro-democracy demonstrators the following month, the Wall Street Journal reported that Clinton had emerged as one of the “leading voices inside the administration urging greater U.S. support for the Bahraini king.” In Yemen, while she eventually called for authoritarian President Ali Abdullah Saleh to step down, she backed the Saudi initiative to have him replaced by his vice president, General Abdu Rabbu Mansour Hadi, rather than support the demands of the pro-democracy movement to allow a broad coalition of opposition activists to form a transition government and prepare for democratic multiparty elections.

Clinton proved an enthusiastic supporter of regime change when it came to dictatorships opposed by the United States, however. While there has been debate regarding the appropriateness and extent of U.S. intervention in Libya and Syria, she consistently allied herself with those advocating U.S. military involvement. She pushed hard and eventually successfully for U.S. intervention in support for rebel forces in Libya, over the objections of key Obama administration officials, including the normally hawkish Secretary of Defense Robert Gates. While the Arab League had requested and the United Nations had authorized the enforcement of a no-fly zone to protect civilians from attack by the forces of dictator Muammar Gadhafi, North Atlantic Treaty Organization (NATO) forces—with Clinton’s encouragement—dramatically expanded their role to essentially become the air force of the rebels. Following the extra-judicial killing of Gadhafi by rebel soldiers, she joked, “We came, we saw, he died,” which some took as an effective endorsement of crimes committed by armed allies against designated enemy leaders.

During the Benghazi hearings in October 2015, when she was asked about that comment, she said it “was an expression of relief that the military mission undertaken by NATO and our other partners had achieved its end.” However, in justifying U.S. military intervention, the Obama administration initially insisted that the goal was “to protect the Libyan people from immediate danger, and to establish a no-fly zone,” not regime change or assassination, underscoring Clinton’s apparent role in dramatically expanding the mission of U.S. forces. The chaos that resulted from the seizure of power by a number of armed militia groups, including Islamist extremists, created a situation where militiamen numbered nearly a quarter million in a country of some six million people. While there appears to be little merit in the Republican accusations against Clinton in regard to her conduct regarding the killing of the U.S. Ambassador J. Christopher Stevens and three other Americans in Benghazi by Islamist extremists in September 2012, her role in helping to create the situation that gave rise to such extremists raises more serious questions.

As a U.S. senator, and well before the 2011 uprising in Syria, Clinton was a strong supporter of Republican-led efforts to punish and isolate the Bashar Al-Assad regime. She was a co-sponsor of the 2004 Syrian Accountability Act, demanding that—under threat of tough economic sanctions—Syria unilaterally disarm various weapons systems (similar to those possessed by hostile neighbors), abide by a UN Security Council resolution calling for the withdrawal of foreign troops from Lebanon (which had also been occupied by Israel for twenty-two years without U.S. objection), and return to peace talks with Israel (despite Israel’s categorical refusal to withdraw from the occupied Golan Heights). Her resolution also claimed that the Syrian government was responsible for the deaths of Americans in Iraq and threatened to hold Syria accountable in language that other senators feared could be used by the Bush administration for military strikes.

Not long after the initially nonviolent uprising in Syria turned into a bloody civil war with heavy foreign intervention, the New York Times reported that Clinton pushed hard for the Obama administration to become directly involved militarily in support for Syrian rebels. Irritated that NATO had gone well beyond its mandate in Libya, Russia and China blocked UN action on Syria. Obama eventually agreed with Clinton to begin training and arming some rebels, but despite the half billion dollars invested in the project, only a few dozen rebels made it into the field and they were quickly overrun by rival Islamist rebels of the Al-Nusra Front. Clinton has subsequently insisted that the disorganized and factious nature of the armed secular Syrian opposition notwithstanding, the failure to topple the Syrian regime or contain the rise of Islamist extremists was that the United States did not arm the rebels earlier and more heavily. Indeed, she has essentially blamed Obama for the dramatic rise of the Islamic State in Iraq and Syria, saying his failure “to help build up a credible fighting force … left a big vacuum, which the jihadists have now filled.” She has also expressed disappointment that the Obama administration backed down from its threats in 2013 to bomb Syria following the Al-Assad regime’s launch of a deadly sarin gas attack on residential areas near Damascus, even after the government agreed to disarm its chemical weapons.

“Friend” of Israel

During and after her term as a U.S. senator, Hillary Clinton has developed a reputation as one of the most rightwing Democrats on the Israel-Palestine conflict. She has repeatedly sided with Likud-led governments against Israeli progressives and moderates. She has not only condemned Hamas and other Palestinian extremists, but has been critical of the Palestinian Authority (PA) as well. That has bolstered the Israeli right’s contention that there are no moderate Palestinians with which to negotiate.

As a U.S. senator, Clinton defended Israel’s colonization efforts in the occupied West Bank and was highly critical of UN efforts to uphold international humanitarian law that forbids transferring civilian populations into territories under foreign belligerent occupation, taking the time to visit a major Israeli settlement in the occupied West Bank in a show of support in 2005. She moderated that stance somewhat as secretary of state in expressing concerns over how the rightwing Israeli government’s settlement policies harmed the overall climate of the peace process, but she has refused to acknowledge the illegality of the settlements or demand that Israel abide by international demands to stop building additional settlements. Subsequently, she has argued that the Obama administration pushed too hard in the early years of the administration to get Israel to suspend settlement construction. In 2011, Clinton successfully argued for a U.S. veto of a UN Security Council resolution reiterating the illegality of the settlements and calling for a construction freeze. On this issue, that fit a pattern of Clinton’s disregard for the UN Security Council, which was established precisely to be a vehicle for enforcing international law such as in matters of belligerent foreign occupation. “We have consistently over many years said that the United Nations Security Council—and resolutions that would come before the Security Council—is not the right vehicle to advance the goal,” Clinton has said.

The favoritism toward Israel is all the more glaring given America’s failure or unwillingness to stop Israel’s colonization on its own. When the government of Likud Prime Minister Benjamin Netanyahu reneged on an earlier promise of a temporary and limited freeze and announced massive subsidies for the construction of new settlements on the eve of Clinton’s 2011 visit to Israel, she spoke only of the need for peace talks to resume. She equated the PA’s pursuit of its legal right to have Palestine statehood recognized by the United Nations with Israel’s illegal settlements policy as factors undermining the peace process.

While rejecting Palestinian demands that Israel live up to its previous commitments to freeze settlements on the grounds there should be no pre-conditions to talks, Clinton has at times demanded pre-conditions for Arab participation. For example, in response to President Bush’s invitation for Arab states to attend the Annapolis peace conference in 2007, then-Senator Clinton went on record insisting that Arab states wishing to attend should unilaterally “recognize Israel’s right to exist and not use such recognition as a bargaining chip for future Israel concessions” and “end the Arab League economic boycott of Israel in all its forms.” The letter made no mention of the establishment of a Palestinian state, an end to the Israeli occupation, the withdrawal of illegal Israeli settlements, or any other Israeli obligations. As James Zogby of the Arab American Institute put it at the time, “if the goal is for Arab states not to participate in the upcoming conference, this would be the way to go.” The Bush administration rejected her demands for such pre-conditions.

Another example of Clinton’s double standards has been in her pledge as a presidential candidate to increase U.S. military aid and diplomatic support for Israel’s rightwing government. This is a government that includes ministers from far right parties who support violent settler militia that have repeatedly attacked Palestinian civilians, oppose recognition of a Palestinian state, and reject the Oslo Accords and subsequent agreements by the Israeli government. However, Clinton insists, “We will not deal with nor in any way fund a Palestinian government that includes Hamas unless and until Hamas has renounced violence, recognized Israel, and agreed to follow the previous obligations of the Palestinian Authority.”

More recently, Clinton has been making a series of excuses as to why Israel cannot make peace despite the Palestine Authority’s acquiescence to virtually all the demands of the Obama administration. For example, the Washington Post noted how she “appeared to blame the collapse of direct Israel-Palestinian talks on the wave of Mideast revolutions and unrest during the 2011 Arab Spring, although talks had broken off the previous year.” Clinton has also said that Israelis cannot be expected to make peace until they “know what happens in Syria and whether Jordan will remain stable,” which most observers recognize will take a very long time; that line of thinking enables Israel to further colonize the West Bank to the point where the establishment of a viable Palestinian state is impossible. What kind of peace settlement she envisions has not been made clear, but she did endorse then-Prime Minister Ariel Sharon’s 2004 “Convergence Plan,” which would have allowed Israel to annex large areas of Palestinian territory conquered by Israeli forces in the 1967 war, despite the longstanding principle in international law against any country expanding its territory by force and the fact that the plan divides any future Palestinian state into a series of small, non-contiguous cantons surrounded by Israel.

As a U.S. senator, Clinton co-sponsored a resolution which, had it passed, would have established a precedent by referring to the West Bank not as an occupied territory but as a “disputed” territory. This distinction is important for two reasons. The word “disputed” implies that the claims of the West Bank’s Israeli conquerors are as legitimate as the claims of Palestinians who have lived on that land for centuries. And disputed territories—unlike occupied territories—are not covered by the Fourth Geneva Convention and many other international legal statutes. As a lawyer, Clinton must have recognized that such wording had the effect of legitimizing the expansion of a country’s territory by force, a clear violation of the UN Charter.

Clinton has challenged the jurisdiction of the International Court of Justice (ICJ). In 2004, the world court ruled by a 14-1 vote (with only the U.S. judge dissenting, largely on a technicality) that Israel, like every country, is obliged to abide by provisions of the Fourth Geneva Convention on the Laws of War, and that the international community—as in any other case in which ongoing violations are taking place—is obliged to ensure that international humanitarian law is enforced. At issue was the Israeli government’s ongoing construction of a separation barrier deep inside the occupied Palestinian West Bank, which the World Court recognized—as does the broad consensus of international legal scholarship—as a violation of international humanitarian law. The ICJ ruled that Israel, like any country, had the right to build the barrier along its internationally recognized border for self-defense, but did not have the right to build it inside another country as a means of effectively annexing Palestinian land. In an unprecedented congressional action, Senator Clinton immediately introduced a resolution to put the U.S. Senate on record “supporting the construction by Israel of a security fence” and “condemning the decision of the International Court of Justice on the legality of the security fence.” In an effort to render the UN impotent in its enforcement of international law, her resolution (which the Republican-controlled Senate failed to pass as being too extreme) attempted to put the Senate on record “urging no further action by the United Nations to delay or prevent the construction of the security fence.”

Clinton’s claim that “it makes no sense for the United Nations to vehemently oppose a fence which is a nonviolent response to terrorism rather than opposing terrorism itself” was false in that the UN and the world court were only objecting to the barrier being built beyond Israel’s borders. Indeed, in her resolution and elsewhere, she appeared to be deliberately misrepresenting the ICJ’s published opinion, claiming that opposition to the plan of building a barrier in a serpentine fashion deep inside the West Bank as part of an effort to effectively annex large swathes of the occupied territory into Israel was denying Israel its right to self-defense and therefore was proof of an “anti-Israel” bias. In a series of statements and in her resolution, she made no distinction between Israel’s legal right to defend its borders, which the world court upheld, and the land grab to which the court objected.

Clinton has also been an outspoken defender of Israeli military actions, even when the United Nations and reputable international and Israeli human rights groups have documented violations of international humanitarian law. While appropriately condemning terrorism and other attacks on civilian targets by Hamas, Hezbollah, and other extremist groups, she has consistently rejected evidence that Israel has committed war crimes on an even greater scale. For example, since becoming a U.S. senator in early 2001, she has publicly condemned the vast majority of the 135 killings of Israeli children, but not once has she criticized any of the more than 2,000 deaths of Palestinian children.

In the face of widespread criticism by reputable human rights organizations over Israel’s systematic assaults against civilian targets in its April 2002 offensive in the West Bank, Senator Clinton co-sponsored a resolution defending the Israeli actions that claimed they were “necessary steps to provide security to its people by dismantling the terrorist infrastructure in the Palestinian areas.” She opposed UN efforts to investigate alleged war crimes by Israeli occupation forces and criticized President Bush for calling on Israel to pull back from its violent reconquest of Palestinian cities in violation of UN Security Council resolutions.

She has vigorously defended Israel’s wars on Gaza. As secretary of state, she took the lead in attempting to block any action by the United Nations in response to a 2009 report by the UN Human Rights Council—headed by the distinguished South African jurist Richard Goldstone (a Zionist Jew)—which documented war crimes by both Israel and Hamas. She claims that the report denied Israel’s right to self-defense, when it in fact explicitly recognized Israel’s right to do so. Since the report’s only objections to Israeli conduct were in regard to attacks on civilian targets, not its military actions against extremist militias lobbing rockets into Israel, it appears that either she was deliberately misrepresenting the report, never bothered to read it before attacking it, or believes killing civilians can constitute legitimate self-defense.

When Israeli forces attacked a UN school housing refugees in the Gaza Strip in July of 2014, killing dozens of civilians, the Obama administration issued a statement saying it was “appalled” by the “disgraceful” shelling. By contrast, Clinton—when pressed about it in her interview with Jeffrey Goldberg in the Atlantic—refused to criticize the massacre, saying that “it’s impossible to know what happens in the fog of war.” Though investigators found no evidence of Hamas equipment or military activity anywhere near the school, Clinton falsely alleged that they were firing rockets from an annex to the school. In any case, she argued, when Palestinian civilians die from Israeli attacks, “the ultimate responsibility has to rest on Hamas and the decisions it made.”

Clinton’s defense of Israeli war crimes is not restricted to Palestinian-populated areas, but includes those that take place in countries with historically close relations with the United States. During the thirty-four-day conflict between Israeli and Hezbollah forces in 2006, which resulted in the deaths of more than eight hundred Lebanese civilians, she responded to the widespread international criticism of the Israeli attacks on civilian infrastructure and the high civilian casualties by co-sponsoring a resolution unconditionally endorsing Israel’s war on Lebanon. Failing to distinguish between Israel’s right to self-defense and the large-scale bombing of civilian targets far from any Hezbollah military activity, Clinton asked, “If extremist terrorists were launching rocket attacks across the Mexican or Canadian border, would we stand by or would we defend America against these attacks from extremists?” During and after the fighting, Clinton failed to recognize that most critics of the Israeli actions never questioned Israel’s right to self-defense against Hezbollah, but—in the words of a Human Rights Watch report—the “systematic failure by the IDF to distinguish between combatants and civilians” and the way in which “Israeli forces have consistently launched artillery and air attacks with limited or dubious military gain but excessive civilian cost.” The report, echoing a similar report by Amnesty International and other human rights groups, noted how “in dozens of attacks, Israeli forces struck an area with no apparent military target. In some cases, the timing and intensity of the attack, the absence of a military target, as well as return strikes on rescuers, suggest that Israeli forces deliberately targeted civilians.” While tens of thousands of Israelis protested the Lebanon war—which the Israeli government later acknowledged was unnecessary and harmful for Israel—Clinton emerged as one of its biggest cheerleaders. While diplomats at the United Nations were desperately working to end the fighting, Clinton spoke at a rally by rightwing groups outside the UN headquarters in New York City where she praised Israel’s efforts to “send a message to Hamas, Hezbollah, to the Syrians, [and] to the Iranians,” because, in her words, they oppose the United States and Israel’s commitment to “life and freedom.”

Clinton has opposed humanitarian efforts supportive of the Palestinians, criticizing a flotilla scheduled to bring relief supplies to the besieged Gaza Strip in 2011, claiming it would “provoke actions by entering into Israeli waters and creating a situation in which the Israelis have the right to defend themselves.” Not only did she fail to explain how ships with no weapons or weapons components on board (the only cargo on the U.S. ship were letters of solidarity to the Palestinians in that besieged enclave), she also failed to explain why she considered the Mediterranean Sea off the coast of the port of Gaza to be “Israeli waters” when the entire international community recognizes Israeli territorial waters as being well to the northeast of the ships’ intended route. Clinton’s State Department issued a public statement designed to discourage Americans from taking part in the flotilla to Gaza because they might be attacked by Israeli forces, yet it never issued a public statement demanding that Israel not attack Americans legally traveling in international waters. The flotilla never went forward, however, after she successfully convinced the Greek government to deny the organizers the right to sail from Greek ports.

A focus of Clinton has been her insistence that the PA was responsible for publishing textbooks promoting “anti-Semitism,” “violence,” and “dehumanizing rhetoric.” The only source she has cited to uphold these charges, however, has been a rightwing Israeli group that calls itself the Center for Monitoring the Impact of Peace (CMIP). The group, whose board includes Daniel Pipes and other prominent American neoconservatives, was founded to undermine the peace process following the signing of the Oslo Accords in 1993. CMIP’s claims have long since been refuted, for example in a detailed report released in March 2003 by the Jerusalem-based Israel/Palestine Center for Research and Information. The center reviewed Palestinian textbooks and tolerance education programs, and concluded that while the textbooks do not openly or adequately reflect the multiethnic, multicultural, and multireligious history of the region, “the overall orientation of the curriculum is peaceful.” The report said the Palestinian textbooks “do not openly incite against Israel and the Jews and do not openly incite hatred and violence.” The report goes on to observe how religious and political tolerance is emphasized in the textbooks. Similar conclusions have been reached in published reports by the Adam Institute, the Israeli newspaper Haaretz, and Nathan Brown, a political science professor at George Washington University and senior associate at the Carnegie Endowment for International Peace. (The books Clinton cited were apparently old Egyptian and Jordanian texts found on some library shelves; they were not currently being used as textbooks nor were they supported by the PA.) Yet Clinton has continued to make these charges, emphasizing that the PA’s “incitement,” which she insists is creating a “new generation of terrorists,” more than Israel’s occupation, repression, and settlements, is the driver of the Israel-Palestine conflict. Here, as in forming her support for the Iraq war, Clinton often seems to rely more on rightwing advocacy groups than she does scholarly research.

The Moroccan Connection

Israel is not the only occupying power in the region supported by Clinton. She has been a strong backer of Morocco’s ongoing occupation of Western Sahara, working with the autocratic Moroccan kingdom to block the long-scheduled referendum on self-determination that would almost certainly lead to a vote for independence. As a recognized self-governing territory (a colony), international law requires that the Sahrawis be given the option of independence, along with other alternatives. Clinton instead has called for international acceptance of Morocco’s dubious “autonomy” plan and for “mediation” between the monarchy and the exiled nationalist Polisario Front, a process that would not offer the people of the territory a say in their future.

Rather than joining Amnesty International and other human rights groups in condemning the increase in the already-severe repression in the Western Sahara, Clinton—in a visit to Morocco in November 2009—instead chose to offer unconditional praise for the Moroccan government’s human rights record. Just days before her arrival, Moroccan authorities arrested seven nonviolent activists from Western Sahara on trumped-up charges of high treason, whom Amnesty International had declared as prisoners of conscience and demanded their unconditional release. Clinton decided to ignore the plight of these and other political prisoners held in Moroccan jails. Not long after Clinton praised the monarchy’s human rights record, the regime illegally expelled Aminatou Haidar, known as the Saharan Gandhi, for her leadership in the nonviolent resistance struggle in Western Sahara. Haidar—a winner of the Robert F. Kennedy Human Rights Award and other honors for her nonviolent activism—spent years in Moroccan prisons, where she was repeatedly tortured. She went on a month-long hunger strike that almost killed her before Morocco relented to international pressure and allowed her to return to her country.

The Office Chérifien des Phosphates (OCP), a Moroccan government-owned mining company that controls one of the world’s largest phosphate mines in the occupied Western Sahara, was the primary donor to the Clinton Global Initiative conference in Marrakech in May 2015. Exploitation of nonrenewable resources in non-self-governing territories, such as the OCP mining operations, is normally recognized as a violation of international law. This and other support provided to the Clinton Foundation by OCP—now totaling as much as $5 million—has raised some eyebrows, given Hillary Clinton’s efforts as secretary of state to push the Obama administration to take a more pro-Moroccan position. Since leaving office, she has continued her outspoken support for the monarchy. When she announced the Marrakech meeting in the fall of 2014, she praised Morocco as a “vital hub for economic and cultural exchange,” thanking the regime “for welcoming us and for its hospitality.”

President Hillary Clinton?

Increasing numbers of Americans, particularly those who identify with the Democratic Party, are taking a critical view of the militaristic aspects of U.S. policies in the Middle East. It would therefore be somewhat ironic that at a time when polls indicate that a majority of Democrats are increasingly critical of U.S. military intervention in the Middle East and of U.S. support for dictatorial regimes and occupation armies, the party would nominate a candidate who comes from the more hawkish wing of the party. Moreover, should she win the Democratic nomination for president, her Republican opponent in the November election will likely be advocating an even more hawkish policy in the Middle East. In such a scenario, regardless of who becomes president, Americans may end up providing their next president with a mandate for a more militaristic and interventionist policy for a region in the throes of historic upheaval

On Hillary Clinton, Sexism, and U.S. Foreign Policy

After the strong early primary showings by Senator Bernie Sanders, a few high-profile supporters of his Democratic rival Hillary Clinton have seized upon an explanation: sexism — and not only by men. Sanders’ high level of support from young women in particular, they say, reflects the naiveté of younger self-identified feminists.

Feminist icon Gloria Steinem, for example, claimed that younger women backing Sanders simply wanted the attention of young men on the Sanders campaign: “When you’re young, you’re thinking, where are the boys?” Steinem said. “The boys are with Bernie.”

Huffington Post blogger Kathleen Reardon, for her part, claims that young women prefer Sanders because they’re at a phase in their careers where “when mentors aren’t hard to find, colleagues (including men) are often helpful, and the world seems like a place where hard work will surely enable them to grasp the brass ring.” They won’t recognize the severity of institutionalized sexism, Reardon suggests, until they’re no longer “cute and little.”

Amy Chozik and Yamiche Alcindor piled on in the New York Times, insisting that younger women just don’t “get” sexism like older women. They only support Sanders, the authors seem to say, because they’re not engaged enough.

At worst, these critics accuse their younger counterparts of betrayal. There’s a “special place in hell,” former secretary of state Madeline Albright warned, for women who don’t back the leading female presidential contender.

While Hillary Clinton has overcome a great deal of sexism in her professional life, disingenuous charges like these ignore the many ways in which her positions on key issues — particularly regarding foreign policy — have been deleterious for women.

Dana Bolger, an editor for Feministing, counters that for many young women who support Sanders, “their rejection of Clinton is informed and deeply political. Many of them have suffered violence, discrimination, and rampant unemployment. They have drawn upon their feminist commitments, alongside their lived experience, to evaluate and reject Clinton’s hawkish foreign policy, her expansion of drone warfare, gutting of welfare, (continuing) defense of a burgeoning surveillance state, and more — all of which have hurt women in the U.S. and abroad.”

There’s growing pushback from young feminist supporters of Bernie Sanders against the condescending criticism of older Clinton supporters, noting that they’re indeed quite aware of institutionalized sexism, but prefer to choose candidates based on the issues. They’ve seen friends and family members killed, maimed, and psychologically damaged by being sent to fight in an illegal and unnecessary war in Iraq, which Hillary Clinton enthusiastically supported. They see how the enormous financial costs of that war and its aftermath have taken money away from education, jobs, and other programs that impact women. And they’re attracted to Sanders’ desire to help build a more just and equitable economic system.

The generational divide is borne out in the early voting results. Sanders won a solid majority of women who voted in the New Hampshire Democratic primary. Exit polls showed 69 percent of women under 45 backed Sanders — a figure that rose to 82 percent of those under 30 — while Clinton won the votes of 56 percent of women 45 and older.

All of which raises two important questions: Why do older women prefer Clinton? And what’s the appropriate response for feminist critics of her foreign policy?

Why Support Hillary?

It may be disappointing to see some politically left-leaning women offering their support to Clinton, despite her militaristic foreign policy positions and pro-corporate economic agenda. But many of us who share that view — perhaps especially those of us who are men — underestimate the powerful allure of electing a female president in a pervasively sexist society.

Clinton has personally endured an endless slew of gendered attacks — from demeaning depictions in political cartoons to questions regarding her temperament to commentaries about her hair, clothes, voice, marriage, and whatever else — along with pseudo-scandals over Benghazi and her emails. These sexist attacks have put millions of women on the defensive, even those who would otherwise not be prone to support her based upon her policy positions. There’s an understandable fear that if Clinton is again denied the nomination, in part as a result of sexism, it would discourage other women from running for president any time in the near future.

That would be a major setback in the struggle for women’s rights indeed. But that doesn’t change the fact that several things about Clinton’s record would make her an unusual standard bearer for that cause.

Historically, it’s uncommon for women voters — who statistically tend to be more dovish on foreign policy matters than men — to support the most hawkish candidate in the Democratic primaries. Indeed, Clinton is the only one of the six original and two remaining Democratic candidates for the 2016 presidential nomination to have supported the invasion of Iraq.

Still, some female Clinton supporters may hold on to the belief that she’s more progressive than she’s letting on — and that she simply has to appear tough on foreign policy to overcome sexist attitudes about having a female commander-in-chief in a time of war. This belief may be naïve, but anecdotal evidence suggests it’s widely held among liberal and progressive Democrats of all demographics — and particularly among women middle-aged and older.

All that’s to say, a major reason for the strong support Clinton enjoys among older progressive women may simply be a reaction to the omnipresent sexism in American society. Indeed, older women have likely experienced more institutionalized sexism in the workplace and elsewhere than their younger counterparts. To the extent that their support for Clinton is based on identity politics, that’s no big surprise in a nation that’s had nothing but male leaders at the helm for its entire 240-year history.

Women and War

But the subject is murkier when it comes to examining the actual impacts Clinton’s policies have had on women — an impact that’s arguably felt more deeply abroad than in the United States.

Feminists with an interest in foreign policy are divided on the prospects of a Hillary Clinton presidency. Many rightly applaud her advocacy for global feminist concerns, like education and reproductive health, as secretary of state. The question is: Do these issues make up for her more problematic foreign policy positions — particularly as compared to the more progressive foreign policy agenda of Senator Bernie Sanders?

For example, the Iraq War, made possible in part through Clinton’s vote to authorize the invasion, has been a disaster for Iraqi women. The secular regime overthrown by U.S. forces was replaced by Islamist fundamentalists, and the ensuing sectarian civil war has produced horrific cases of sexual violence — including not least the enslavement of women by extremist groups like the Islamic State. Clinton also backed Israel’s massive 2006 assault on Lebanon, as well as the 2009 and 2014 wars on the Gaza Strip, which killed many hundreds of female non-combatants.

Given that modern warfare results in far more civilian than military casualties, women are often its primary victims. Despite Clinton’s strong record of supporting women’s rights in the United States and in certain overseas programs, her militaristic disposition has arguably made life worse for millions of women outside of her constituency.

Bad Company

It’s not even just the wars: As secretary of state, Clinton spearheaded the U.S. embrace of a number of deeply problematic regimes abroad.

For example, she supported the 2009 coup in Honduras, which resulted in a dramatic upsurge in violence against women, with prominent female peasant leaders, union organizers, and indigenous rights advocates among the victims. She’s called for closer strategic ties with Saudi Arabia, the most misogynist government on the planet. She supported Bahrain’s brutal crackdown on its pro-democracy movement, including prominent women leaders. And Yemeni human rights activist Tawakkol Karman, who was awarded the 2011 Nobel Peace Prize for her leadership in the country’s pro-democracy movement, has spoken out against then-Secretary Clinton’s lack of support in the struggle against the U.S.-backed autocratic regime of Ali Abdullah Saleh.

A particularly egregious case of Hillary Clinton’s selective support for the rights of women is her strong support for the autocratic monarchy in Morocco.

For example, in 2012 — during the height of a local campaign to repeal an article of the Moroccan penal code that absolves a male rapist if he consents to marry his victim — Clinton praised the Moroccan government for having “protected and expanded” women’s rights. Just weeks after Clinton commended the regime, Amina Filali — a 16-year old Moroccan girl who’d been raped at the age of 15 and forced to marry her rapist, who subsequently battered and abused her — burned herself to death.

Similarly, it was not long after a previous visit to Morocco, where she also praised the autocratic monarchy’s human rights record, that the regime illegally expelled Aminatou Haidar — known to some as the “Saharan Gandhi” — for her leadership in the nonviolent resistance struggle against the illegal Moroccan occupation of Western Sahara.

Haidar — a winner of the Robert F. Kennedy Human Rights Award who’d previously spent years being tortured in Moroccan prisons — went on a month-long hunger strike, which almost killed her, before Morocco relented to international pressure and allowed her to return. Amnesty International has accused the Moroccan government of systematically engaging in sexual torture and other abuse against female Saharawi political prisoners in the occupied territory.

Global Feminism in an Imperialist Context

It’s no secret that patriarchal men have inflicted enormous damage on the world. But a quick look at a few of the more prominent women who’ve taken leadership roles in U.S. foreign affairs — Jeanne Kirkpatrick, Madeleine Albright, and Condoleezza Rice, for instance — suggests that women can also be forceful advocates for U.S. imperialism. And, as Margaret Thatcher in Great Britain demonstrated, electing a female head of government doesn’t guarantee a more compassionate foreign policy either.

Clinton supporters counter that Thatcher — unlike Clinton — never had much support from feminists in her country, and didn’t have a history of supporting women’s rights in general. Since Clinton has such a stronger base among women and a more robust record in support of women’s rights domestically, they say, there’s reason for hope. But it’s hard to imagine how Clinton would find a way to pay for many programs to help women at home or abroad, given how much she wants to increase military spending and expand U.S. hegemony.

In fact, given Clinton’s history of backing neoliberal economic policies and war-making by the United States and its allies, her advocacy of women’s rights overseas — within what is widely seen outside this country as an imperialist context — could actually set back indigenous feminist movements, just as U.S. support for dictatorial regimes in the Middle East gave little credibility to President George W. Bush’s pro-democracy rhetoric.

For instance, would a President Hillary Clinton’s call for greater respect for women’s rights in the Arab world have much credibility while U.S.-manufactured ordnance is blowing up women in Lebanon, Gaza, Syria, Yemen, Libya, and Iraq? The question is especially salient given Clinton’s refusal to accept moral responsibility for the humanitarian, fiscal, and strategic disaster that resulted from her support for the Bush administration’s 2003 invasion of Iraq — an ongoing stumbling block I examined in a recent column, “The Five Lamest Excuses for Hillary Clinton’s Vote to Invade Iraq.”

Challenging Sexism and Imperialism

I’ve long considered myself a feminist: One of my earliest presidential campaigns was in 1972 on behalf of New York Congresswoman Shirley Chisholm, who was — quite unlike Clinton — the most progressive Democrat in the race for the nomination that year.

But I also understand that it’s difficult for me, as someone who identifies as both feminist and male, to criticize the feminist credentials of a candidate who could very well become the first woman to lead our country. Indeed, as a result of my personal opposition to Clinton’s candidacy — particularly her militaristic foreign policy agenda — I’ve been repeatedly accused of being sexist.

I want to emphasize that my disagreements with Clinton are purely over policy. And I condemn outright the sexist attacks lobbed at her from the left as well as the right. But it’s important to understand where this critique comes from.

As a result of the vehemence of the anger and distrust many of us direct at Hillary Clinton — for her support for the Iraq war, her support for Israeli Prime Minister Benjamin Netanyahu and numerous Arab dictators, her poor record on human rights, and her indifference to international humanitarian law, among other issues — it can be easy for male critics especially to forget just how serious the misogynist attacks against Clinton have been. For millions of women, it must look all too familiar to the sexist mistreatment they’ve experienced personally. Like the fear of walking alone at night and the constant harassment of catcalls, there are certain fears and experiences about being a woman in a sexist society that I’ll never be able to appreciate fully.

Indeed, I’ve begun to recognize that I sometimes “forget” that Hillary Clinton is a woman as well as a policymaker. That’s not a sign of a lack of sexism on my part: It’s a lack of awareness that contributes to the climate of sexism that’s permeated the campaign.

This doesn’t mean that antiwar voters shouldn’t criticize Clinton. It means we need to recognize that not all Clinton supporters — particularly those motivated by a reaction to right-wing sexism — embrace her militaristic foreign policy agenda.

These supporters don’t need to hear lectures on Clinton’s feminist credentials, especially not from men. But if we want to dispel the denial of just how far to the right Clinton’s international agenda is, those of us on the left need to acknowledge how serious a problem sexism remains in American society — and how it’s manifesting itself in the personal attacks against Hillary Clinton. We must listen, listen, and listen some more to women who raise these concerns, and challenge such sexism whenever and wherever we come across it.

And we must remember that the issues that face us today — from sexism to imperialism — are much greater than anything that can be resolved by electing a new president alone.

The Five Lamest Excuses for Hillary Clinton’s Vote to Invade Iraq

Former senator and secretary of state Hillary Clinton is the only candidate for the 2016 Democratic presidential nomination who supported the invasion of Iraq.

That war not only resulted in 4,500 American soldiers being killed and thousands more permanently disabled, but also hundreds of thousands of Iraqi deaths, the destabilization of the region with the rise of the Islamic State and other extremists, and a dramatic increase in the federal deficit, resulting in major cutbacks to important social programs. Moreover, the primary reasons Clinton gave for supporting President George W. Bush’s request for authorizing that illegal and unnecessary war have long been proven false.

As a result, many Democratic voters are questioning — despite her years of foreign policy experience — whether Clinton has the judgment and integrity to lead the United States on the world stage. It was just such concerns that resulted in her losing the 2008 nomination to then-Senator Barack Obama, an outspoken Iraq War opponent.

This time around, Clinton supporters have been hoping that enough Democratic voters — the overwhelming majority of whom opposed the war — will forget about her strong endorsement of the Bush administration’s most disastrous foreign policy. Failing that, they’ve come up with a number of excuses to justify her October 2002 vote for the authorization of military force.

Here they are, in no particular order.

“Hillary Clinton’s vote wasn’t for war, but simply to pressure Saddam Hussein to allow UN weapons inspectors back into Iraq.”

At the time of vote, Saddam Hussein had already agreed in principle to a return of the weapons inspectors. His government was negotiating with the United Nations Monitoring and Verification Commission on the details, which were formally institutionalized a few weeks later. (Indeed, it would have been resolved earlier had the United States not repeatedly postponed a UN Security Council resolution in the hopes of inserting language that would have allowed Washington to unilaterally interpret the level of compliance.)

Furthermore, if then-Senator Clinton’s desire was simply to push Saddam into complying with the inspection process, she wouldn’t have voted against the substitute Levin amendment, which would have also granted President Bush authority to use force, but only if Iraq defied subsequent UN demands regarding the inspections process. Instead, Clinton voted for a Republican-sponsored resolution to give Bush the authority to invade Iraq at the time and circumstances of his own choosing.

In fact, unfettered large-scale weapons inspections had been going on in Iraq for nearly four months at the time the Bush administration launched the March 2003 invasion. Despite the UN weapons inspectors having not found any evidence of WMDs or active WMD programs after months of searching, Clinton made clear that the United States should invade Iraq anyway. Indeed, she asserted that even though Saddam was in full compliance with the UN Security Council, he nevertheless needed to resign as president, leave the country, and allow U.S. troops to occupy the country. “The president gave Saddam Hussein one last chance to avoid war,” Clinton said in a statement, “and the world hopes that Saddam Hussein will finally hear this ultimatum, understand the severity of those words, and act accordingly.”

When Saddam refused to resign and the Bush administration launched the invasion, Clinton went on record calling for “unequivocal support” for Bush’s “firm leadership and decisive action” as “part of the ongoing Global War on Terrorism.” She insisted that Iraq was somehow still “in material breach of the relevant United Nations resolutions” and, despite the fact that weapons inspectors had produced evidence to the contrary, claimed the invasion was necessary to “neutralize Iraq’s weapons of mass destruction.”

“Nearly everyone in Congress supported the invasion of Iraq, including most Democrats.”

While all but one congressional Democrat — Representative Barbara Lee of California — supported the authorization of force to fight al-Qaeda in the aftermath of the 9/11 attacks in 2001, a sizable majority of Democrats in Congress voted against the authorization to invade Iraq the following year.

There were 21 Senate Democrats — along with one Republican, Lincoln Chafee, and one independent, Jim Jeffords — who voted against the war resolution, while 126 of 209 House Democrats also voted against it. Bernie Sanders, then an independent House member who caucused with the Democrats, voted with the opposition. At the time, Sanders gave a floor speech disputing the administration’s claims about Saddam’s arsenal. He not only cautioned that both American and Iraqi casualties could rise unacceptably high, but also warned “about the precedent that a unilateral invasion of Iraq could establish in terms of international law and the role of the United Nations.”

Hillary Clinton, on the other hand, stood among the right-wing minority of Democrats in Washington.

The Democrats controlled the Senate at the time of the war authorization. Had they closed ranks and voted in opposition, the Bush administration would have been unable to launch the tragic invasion — at least not legally. Instead, Clinton and other pro-war Democrats chose to cross the aisle to side with the Republicans.

“Her vote was simply a mistake.”

While few Clinton supporters are still willing to argue her support for the war was a good thing, many try to minimize its significance by referring to it as simply a “mistake.” But while it may have been a terrible decision, it was neither an accident nor an aberration from Clinton’s generally hawkish worldview.

It would have been a “mistake” if Hillary Clinton had pushed the “aye” button when she meant to push the “nay” button. In fact, her decision — by her own admission — was quite conscious.

The October 2002 war resolution on Iraq wasn’t like the 1964 Gulf of Tonkin resolution authorizing military force in Vietnam, which was quickly passed as an emergency request by President Lyndon Johnson when there was no time for reflection and debate. By contrast, at the time of the Iraq War authorization, there had been months of public debate on the matter. Clinton had plenty of time to investigate the administration’s claims that Iraq was a threat, as well as to consider the likely consequences of a U.S. invasion.

Also unlike the Gulf of Tonkin resolution, which was disingenuously presented as an authorization to retaliate for an alleged attack on U.S. ships, members of Congress recognized that the Iraq resolution authorized a full-scale invasion of a sovereign nation and a subsequent military occupation. Clinton had met with scores of constituents, arms control analysts, and Middle East scholars who informed her that the war was unnecessary, illegal, and would likely end in disaster.

But she decided to support going to war anyway. She even rejected the advice of fellow Democratic senator Bob Graham that she read the full National Intelligence Estimate, which would have further challenged some of the Bush administration’s claims justifying the war.

It was not, therefore, simply a “mistake,” or a momentary lapse of judgment. Indeed, in her own words, she cast her vote “with conviction.”

As late as February 2007, Clinton herself refused to admit that her vote for the war resolution was a mistake. “If the most important thing to any of you is choosing someone who did not cast that vote or has said his vote was a mistake,” she said while campaigning for president, “then there are others to choose from.” She only began to acknowledge her regrets when she saw the polling numbers showing that a sizable majority of Democrats opposed the decision to go to war.

“She voted for the war because she felt it was politically necessary.”

First of all, voting for a devastating war in order to advance one’s political career isn’t a particularly strong rationale for why one shouldn’t share responsibility for the consequences — especially when that calculation proved disastrously wrong. Clinton’s vote to authorize the invasion was the single most important factor in convincing former supporters to back Barack Obama in the 2008 Democratic primary, thereby costing her the nomination.

Nevertheless, it still raises questions regarding Hillary Clinton’s competence to become president.

To have believed that supporting the invasion would somehow be seen as a good thing would have meant that Clinton believed that the broad consensus of Middle East scholars who warned of a costly counterinsurgency war were wrong — and that the Bush administration’s insistence that U.S. occupation forces would be “treated as liberators” was credible.

After all, for the war to have been popular, there would have had to be few American casualties, and the administration’s claims about WMDs and Iraq’s ties to al-Qaeda would have had to be vindicated. Moreover, some sort of stable pro-Western democracy would have emerged in Iraq, and the invasion would have contributed to greater stability and democracy in the region.

If Clinton believed any of those things were possible, she wasn’t paying attention. Among the scores of reputable Middle East scholars with whom I discussed the prospects of a U.S. invasion in the months leading up to the vote, none of them believed that any of these things would come to pass. They were right.

Nor was pressure likely coming from Clinton’s own constituents. Only a minority of Democrats nationwide supported the invasion, and given that New York Democrats are more liberal than the national average, opposition was possibly even stronger in the state she purported to represent. Additionally, a majority of Americans polled said they would oppose going to war if Saddam allowed for “full and complete” weapons inspectors, which he in fact did.

Finally, the idea that Clinton felt obliged to support the war as a woman in order not to appear “weak” also appears groundless. Indeed, every female senator who voted against the war authorization was easily re-elected.

“She thought Iraq had ‘weapons of mass destruction’ and was supporting Al-Qaeda.”

This is excuse is problematic on a number levels.

Before the vote, UN inspectors, independent strategic analysts, and reputable arms control journals all challenged the Bush administration’s claims that Iraq had somehow rebuilt its chemical and biological weapons programs, had a nuclear weapons program, or was supporting al-Qaeda terrorists.

Virtually all of Iraq’s known stockpiles of chemical and biological agents had been accounted for, and the shelf life of the small amount of materiel that hadn’t been accounted for had long since expired. (Some discarded canisters from the 1980s were eventually found, but these weren’t operational.) There was no evidence that Iraq had any delivery systems for such weapons either, or could build them without being detected. In addition, a strict embargo against imports of any additional materials needed for the manufacture of WMDs — which had been in effect since 1990 — made any claims that Iraq had offensive capability transparently false to anyone who cared to investigate the matter at that time.

Most of the alleged intelligence data made available to Congress prior to the war authorization vote has since been declassified. Most strategic analysts have found it transparently weak, based primarily on hearsay by Iraqi exiles of dubious credibility and conjecture by ideologically driven Bush administration officials.

Similarly, a detailed 1998 report by the International Atomic Energy Agency indicated that Iraq’s nuclear program appeared to have been completely dismantled by the mid-1990s, and a 2002 U.S. National Intelligence Estimate made no mention of any reconstituted nuclear development effort. So it’s doubtful Clinton actually had reason to believe her own claims that Iraq had a nuclear weapons program.

Additionally, there was no credible evidence whatsoever that the secular Baathist Iraqi regime had any ties to the hardline Islamist group al-Qaeda, yet Clinton distinguished herself as the only Senate Democrat to make such a claim. Indeed, a definitive report by the Department of Defense noted that not only did no such link exist, but that none could have even been reasonably suggested based on the evidence available at that time.

Moreover, even if Iraq really did have “weapons of mass destruction,” the war would have still been illegal, unnecessary, and catastrophic.

Roughly 30 countries (including the United States) have chemical, biological, or nuclear programs with weapons potential. The mere possession of these programs is not legitimate grounds for invasion, unless one is authorized by the United Nations Security Council — which the invasion of Iraq, pointedly, was not. If Clinton really thought Iraq’s alleged possession of those weapons justified her support for invading the country, then she was effectively saying the United States somehow has the right to invade dozens of other countries as well.

Similarly, even if Iraq had been one of those 30 countries — and remember, it was not — the threat of massive retaliation by Iraq’s neighbors and U.S. forces permanently stationed in the region provided a more than sufficient deterrent to Iraq using the weapons beyond its borders. A costly invasion and extended occupation were completely unnecessary.

Finally, the subsequent war and the rise of sectarianism, terrorism, Islamist extremism, and the other negative consequences of the invasion would have been just as bad even if the rationale weren’t bogus. American casualties could have actually been much higher, since WMDs would have likely been used against invading U.S. forces.

But here’s the kicker: Clinton stood by the war even after these claims were definitively debunked.

Even many months after the Bush administration itself acknowledged that Iraq had neither WMDs nor ties to Al-Qaeda, Clinton declared in a speech at George Washington University that her support for the authorization was still “the right vote” and one that “I stand by.” Similarly, in an interview on Larry King Live in April 2004, when asked about her vote despite the absence of WMDs or al-Qaeda ties, she acknowledged, “I don’t regret giving the president authority.”

No Excuses

The 2016 Democratic presidential campaign is coming down to a race between Hillary Clinton, who supported the Bush Doctrine and its call for invading countries that are no threat to us regardless of the consequences, and Bernie Sanders, who supported the broad consensus of Middle East scholars and others familiar with the region who recognized that such an invasion would be disastrous.

There’s no question that the United States is long overdue to elect a woman head of state. But electing Hillary Clinton — or anyone else who supported the invasion of Iraq — would be sending a dangerous message that reckless global militarism needn’t prevent someone from becoming president, even as the nominee of the more liberal of the two major parties.

It also raises this ominous scenario: If Clinton were elected president despite having voted to give President Bush the authority, based on false pretenses, to launch a war of aggression — in violation of the UN Charter, the Nuremberg Principles, and common sense — what would stop her from demanding that Congress give her the same authority?

Hillary Clinton’s strident opposition to the International Criminal Court

Supporters of international law have expressed consternation that the leading candidate for the Democratic nomination for president — like most of her potential Republican rivals — strongly supported the illegal U.S. invasion and occupation of Iraq. Hillary Clinton’s support for the Bush administration’s request for war authorization effectively placed her in opposition to the United Nations Charter and the Nuremberg Principles forbidding such wars of aggression. Ironically, these important international legal standards were in large part designed by officials from administrations of the very political party she hopes to represent in the contest for the White House.

Clinton’s defenders insist that her vote in support of the invasion was simply a “mistake,” as if this graduate of Yale Law School had somehow forgotten such basic principles of international law or the obligation of the United States, under Article VI of the Constitution, to uphold such binding international treaties.

However, the Democratic front-runner’s hostility towards international law goes well beyond her support for the Bush administration’s imperial ambitions in the Middle East. In previous columns, for example, I have noted her support for Morocco’s illegal annexation of the occupied Western Sahara, her support for Israel’s illegal annexation of occupied greater East Jerusalem and proposed annexation of large segments of the occupied West Bank, her defense of Israeli war crimes, and her attacks on the International Court of Justice for its 2004 ruling upholding the application of the Fourth Geneva Convention in territories under foreign belligerent occupation.

One of the most disturbing examples, however, is in regard to her strident opposition to the International Criminal Court (ICC).

The ICC was established by international treaty in 2002 in The Hague, Netherlands, as a means of prosecuting individuals for genocide, crimes against humanity, and related international war crimes. It grew out of the 1998 Rome Statute signed by the United States and 122 other countries in the hopes of finally establishing accountability for individuals for serious violations of international humanitarian law.
In response to the signing, right-wing talk show hosts and other conspiracy theorists here in the U.S. began claiming that the ICC would force American soldiers to stand trial before an anti-American tribunal on trumped-up charges without basic defendants’ rights, part of what many saw as a plot by the United Nations to impose a “world government.”

In reality, the ICC only has jurisdiction in cases where national courts are unable or unwilling to prosecute soldiers or others for such crimes. Despite some notable lapses in prosecuting some offenses, the Uniform Code of Military Justice provides a sufficient domestic mechanism for trying any members of the U.S. armed forces suspected of alleged war crimes to avoid having any American soldier tried under ICC jurisdiction. Furthermore, virtually every person put on trial before the ICC since its founding has been a high-level military or political figure, not individual soldiers.

Despite this, ultra-conservative Sen. Jesse Helms (R-N.C.) introduced an amendment called the American Service-Members’ Protection Act prohibiting the United States from cooperating in any way with the ICC and its prosecution of individuals responsible for serious crimes against humanity, such as those responsible for the genocide in Darfur. In addition, this vindictive law also restricts U.S. foreign aid to countries that support the ICC.

According to Richard Dicker, director of the International Justice Program at Human Rights Watch, “The states that have ratified this treaty are trying to strengthen the rule of law,” but that the United States was “trying to punish them for that.”

Similarly, William R. Pace, executive director of the Institute for Global Policy and convener of the global Coalition for the International Criminal Court, noted how “This Congressional action is part of a multi-pronged effort of the US government to undermine international justice, international law and international peacekeeping.”

Much to the shock and dismay of many of her constituents, Clinton voted in favor of that Republican-sponsored amendment, which was immediately signed into law by President George W. Bush.

Even more disturbingly, this resolution Clinton helped become law also authorizes the president of the United States “to use all means necessary and appropriate to free members of United States military and certain other allied persons if they are detained or imprisoned by an international criminal court.” Given that this presumably includes military force, the bill was quickly dubbed the “Hague Invasion Act.”

Not surprisingly, there was widespread international criticism of the bill, particularly in The Netherlands, where the foreign minister issued a formal protest and the Dutch parliament passed a unanimous resolution raising concerns about the authorization of the use of force, an action which would presumably involve armed confrontation with Dutch soldiers and police guarding the court complex. In addition to violating the UN Charter, such an attack would run counter to the NATO Treaty, to which both the United States and the Netherlands are also party.

Apparently, however, Clinton — who has championed U.S. military intervention in over a dozen countries as a senator and Secretary of State and has spoken at right-wing rallies outside the United Nations protesting the world body — has no problem with that.

Her position on the ICC places her well to the right of President Barack Obama, who supports the court, and closer to that of the Republican contenders for president. Ironically, it was President Bill Clinton who initially signed the Rome Statute establishing the court, yet another reminder that as president, Hillary Clinton would likely pursue an even more hawkish foreign policy than did her husband.

It’s unclear why Clinton has so little respect for international law. Some claim it is because she feels a need to look tough in the face of possible Republican opponents who are even further to the right. More likely, however, it could be related to her advocacy of establishing closer U.S. military cooperation with a number of foreign leaders accused of war crimes who might conceivably find themselves under ICC indictment.

Whatever the motivation, should Clinton get the Democratic presidential nomination, supporters of international humanitarian law will not be left which much of a choice in the November election.

Republican Candidates Defend Killing Civilians to Fight Terrorism—and So Do Democrats

There has been a lot of consternation expressed in the media at a series of statements by Republican presidential candidates during their most recent debate and elsewhere in which a number of them appeared to be advocating the large-scale killing of civilians through aerial bombardment as a legitimate means of defeating the so-called “Islamic State.” (ISIS or IS)

These statements did not simply rationalize military operations that result in large numbers of civilian deaths, which politicians in both parties have supported for decades, but actually advocate the killing of civilians as a legitimate tactic in counter-terrorism warfare.

Let’s put aside for a moment the irony of killing innocent people as a means of fighting a terrorist group that kills innocent people and the fact that it would result in blowback that would almost certainly increase the threat of terrorist attacks against the United States. Such operations would constitute a flagrant violation of the Fourth Geneva Convention and other principles of international law to which the United States, like all governments and armed groups, is legally bound.

Yet the three leading Republican candidates for president are not bothered about that. Donald Trump has called on killing families of terrorist suspects. Ted Cruz has called on “carpet bombing” Syrian cities controlled by IS and see if “sand can glow in the dark.” When moderator Hugh Hewitt asked Ben Carson, “So you are OK with the deaths of thousands of innocent children and civilians?” he responded, “You got it. You got it.”

Governor Jeb Bush, a supposedly moderate voice in the debate, underscored Republican hostility to international humanitarian law in his criticism of the Obama administration’s failure to take more aggressive action in civilian-populated areas, saying they should “get the lawyers off the backs of the fighting forces.”

Although more liberal commentators have expressed appropriate outrage at such remarks, they have failed to note that, for a number of years now, prominent Democrats have also been advocating these very dangerous ideas as well, with Democratic leaders also defending the large-scale killing of civilians in the name of “fighting terrorism.”

Et Tu, Hillary?

Among the most outspoken Democrats who have defended the killing of civilians in areas controlled by terrorist groups, exonerated those responsible for specific war crimes, and advocated the effective rewriting of international humanitarian law to legitimize the killing of civilians has been former senator and secretary of state Hillary Clinton, the frontrunner for the 2016 Democratic presidential nomination.

For example, in response to concerns raised by Israeli and international human rights groups about the nearly 1,500 civilians killed by Israeli forces during the 2014 war on the Gaza Strip, Hillary Clinton insisted, “I think Israel did what it had to do to respond to Hamas rockets.” When pressed further about civilian casualties, she replied, “Israel has a right to defend itself,” implying that she believed that attacks on civilians somehow constituted legitimate self-defense.

When Israeli forces attacked a UN school housing refugees in the Gaza Strip in July 2014, killing dozens of civilians, Senator Bernie Sanders (I-VT) condemned it and the U.S. State Department issued a statement saying that it was “appalled” by the “disgraceful” shelling. By contrast, Hillary Clinton—when asked about the attack during an interview with The Atlantic—refused to criticize the massacre, saying, “[I]t’s impossible to know what happens in the fog of war.” Though investigators found no evidence of Hamas equipment or military activity anywhere near the school, Clinton falsely alleged that Hamas was firing rockets from an annex to the school.

More tellingly, she appeared to argue that since Hamas had been firing rockets into civilian-populated areas of Israel, the Israeli government was not legally or morally culpable for their killing of Palestinian civilians, claiming that “the ultimate responsibility” for the deaths at the school “has to rest on Hamas and the decisions it made.”

In reality, however wrong Hamas has been in firing rockets into Israel, such actions simply do not absolve Israel of its responsibility under international humanitarian law for the far greater civilian deaths its armed forces have inflicted on Palestinians in Gaza. Indeed, it has long been a principle of Western jurisprudence that someone who is the proximate cause of a crime cannot claim innocence simply because of the influence of another party. For example, if someone starts a bar fight and a person ends up shooting him and a group of innocent bystanders, the shooter cannot claim innocence because the other guy initiated the conflict.

Yet the front-runner for the Democratic presidential nomination has repeatedly defended Israeli military campaigns that have resulted in the deaths of more 4000 Lebanese and Palestinian civilians during the past fifteen years in the name of “self-defense” against “terrorism,” criticizing findings by human rights monitors, international jurists, and investigative journalists—as well as by Israeli veterans’ and human rights organizations–demonstrating otherwise as being “flawed” and “biased.”

Redefining International Humanitarian Law

Meanwhile, on Capitol Hill, there has been a bipartisan effort to redefine international humanitarian law to justify the large-scale killing of civilians. For example, recent years have seen a series of resolutions passed by lopsided bipartisan majorities defending Israel’s attacks on civilian areas in the Gaza Strip, the West Bank, and Lebanon that have attempted to exonerate the U.S.-backed Israeli armed forces for the thousands of civilian casualties—which have greatly outnumbered military casualties—by claiming that the Arab militia groups were using “human shields.”

International humanitarian law defines “human shields” as the deliberate use of civilians to deter attacks on one’s troops or military objects. Investigations by Human Rights Watch, Amnesty International, the United Nations Human Rights Council, the U.S. Army War College, and others have failed to find a single documented case of any civilian deaths caused by Hamas, Hezbollah, or other Arab militant groups using human shields while fighting Israeli forces. These investigations have documented other war crimes by these groups, including not taking all necessary steps it should to prevent civilian casualties when it positions fighters and armaments too close to concentrations of civilians. However, this is not the same thing as deliberately using civilians as shields.

As a result, a 2009 resolution drawn up by House Democratic leader Nancy Pelosi attempted to exonerate Israel for the hundreds of civilian deaths inflicted by its armed forces by redefining what constitutes human shields. The resolution called on the international community “to condemn Hamas for deliberately embedding its fighters, leaders and weapons in private homes, schools, mosques, hospitals and otherwise using Palestinian civilians as human shields.”

However, the fact that a Hamas leader lives in his own private home, attends a neighborhood mosque, and seeks admittance to a local hospital does not constitute “embedding” them for the purpose of “using Palestinians as human shields.” Indeed, the vast majority of leaders of most governments and political parties live in private homes in civilian neighborhoods, go to local houses of worship, and check into hospitals when sick or injured, along with ordinary civilians. Furthermore, given that the armed wing of Hamas is a militia rather than a standing army, virtually all of its fighters live in private homes and go to neighborhood mosques and local hospitals.

In short, this resolution—passed by an overwhelming 390-5 vote—puts both political parties on record advancing a radical and dangerous reinterpretation of international humanitarian law that would allow virtually any country with superior air power or long-range artillery to get away with war crimes. In the eyes of both Republicans and Democrats in Congress, the Hamas-controlled Gaza Strip, the IS-controlled city of Raqqa, or other urban areas controlled by recognized terrorist organizations should be considered a free-fire zone.

What neither Republican nor Democratic leaders have acknowledged, however, is that even if a terrorist group was using human shields in the narrower legal definition of the term, it still does not absolve armed forces from their obligation to avoid civilian casualties. Protocol I of the Fourth Geneva Convention makes clear that even if one side is shielding itself behind civilians, such a violation “shall not release the Parties to the conflict from their legal obligations with respect to the civilian population and civilians.”

For example, if a botched bank robbery resulted in the robbers holding bank personnel and customers hostage and firing at police from inside the building, it still would not be legitimate for a SWAT team to kill the hostages as well because they were being used as “human shields.”

These efforts by Hillary Clinton and congressional leaders to both broaden the definition of human shields and legitimize the killing of civilians as a response is quite troubling, especially at a time of the growing militarization of police here in the United States and the increasing concerns over their use of excessive force against unarmed civilians. It also serves as a troubling reminder that comments like those heard in the Republican debate and elsewhere are becoming more acceptable among political leaders of both parties.

Indeed, a House-passed resolution in July 2014 absolving Israel for responsibility for the large-scale civilian causalities inflicted by its armed forces in the Gaza Strip, due to the alleged use of human shields by Hamas, also declared (correctly in these cases) that “Al-Qaeda, Al-Shabaab, Islamic State of Iraq and the Levant (ISIL) and other foreign terrorist organizations typically use innocent civilians as human shields.” The inclusion of that clause in a resolution defending the killing of civilians under such circumstances appears to have been designed to pave the way for just the kind of military onslaught on civilian areas of Syria and Iraq that the Republican candidates have in mind.

The U.S. and the Rise of ISIS

The rise of ISIS (also known as Daesh, ISIL, or the “Islamic State”) is a direct consequence of the U.S. invasion and occupation of Iraq. While there are a number of other contributing factors as well, that fateful decision is paramount.

Had Congress not authorized President George W. Bush the authority to illegally invade a country on the far side of the world that was no threat to us, and to fund the occupation and bloody counter-insurgency war that followed, the reign of terror ISIS has imposed upon large swathes of Syria and Iraq and the recent terrorist attacks in Paris, Beirut, the Sinai, San Bernardino and elsewhere would never have happened.

Among the many scholars, diplomats, and political figures who warned of such consequences was a then-Illinois state senator named Barack Obama, who noted that a U.S. invasion of Iraq would “only fan the flames of the Middle East, and encourage the worst, rather than best, impulses of the Arab world, and strengthen the recruitment arm of al-Qaeda” and other like-minded extremists.

It is ironic, then, that most of those who went ahead and supported the invasion of Iraq anyway are now trying to blame him for the rise of ISIS. These include Hillary Clinton, the front-runner for the 2016 Democratic presidential nomination, who was among the minority of Congressional Democrats to vote for war authorization. In an August 2014 interview in The Atlantic, she claimed that Obama’s refusal to get the United States more heavily involved in the Syrian civil war “left a big vacuum, which the jihadists have now filled.”

There are serious questions as to whether providing additional military support to some of the motley and disorganized local Syrian militias labeled “moderates” by Washington could have done much to prevent the takeover of parts of Syria by ISIS. It is a powerful organized force led by experienced veterans of the former Iraqi Army under Saddam Hussein and flush with advanced American weaponry captured from the new U.S.-organized army.

In addition to the military leadership, the political leadership of ISIS is also primarily Iraqi, many of whom were radicalized by internment and torture in U.S.-operated prisons. These include the ISIS “caliph” Abu Bakr al-Baghdadi, a one-time Sufi-turned-Salafist extremist. As the New York Times observed, “At every turn, Mr. Baghdadi’s rise has been shaped by the United States’ involvement in Iraq — most of the political changes that fueled his fight, or led to his promotion, were born directly from some American action.”

Recent research by an Oxford scholar based on interviews with ISIS prisoners in Iraq noted how the younger recruits were drawn not by religious zealotry but by bitterness over how they and their families had suffered under U.S. occupation and the corrupt and repressive US-backed government in Baghdad.

Under U.S. occupation, Iraq’s two major bastions of secular nationalism — the armed forces and the civil service — were effectively abolished, only to be replaced by partisans of sectarian Shia parties and factions, some of which were closely allied to Iran. Sunni extremists, believing Iraqi Shias had betrayed their country to Persians and Westerners, began targeting Shia civilian neighborhoods with terrorist attacks. The Iraqi regime and allied militia then began systematically kidnapping and murdering thousands of Sunni men. The so-called “sectarian” conflict that emerged 10 years ago, then, was not simply a continuation of a centuries-old internecine struggle — indeed, mixed neighborhoods, shared mosques, and intermarriage was widespread prior to the U.S. invasion. It was instead a direct consequence of U.S. policies.

Despite this, recognizing that the emergence of al-Qaeda-related extremists among the dozens of resistance groups fighting the sectarian Shia government and U.S. forces were actually a bigger threat, Sunni tribesmen and other leaders in northern and western Iraq agreed in late 2006 to ally with the United States and the Baghdad regime in return for better incorporating Sunnis into the government and armed forces. This led to a temporary lull in the fighting, which various politicians and pundits have falsely attributed to the U.S. troop surge that followed.

However, the Maliki regime in Baghdad did not come through with its end of the agreement. Indeed, discrimination and repression increased. Nonviolent protesters were gunned down. Dissident journalists were targeted for imprisonment and assassination. There was widespread torture. Thousands of Iraqis were detained for years without trial. Sunnis and their communities faced rampant discrimination and the Maliki regime became recognized by Transparency International as one of the most corrupt governments in the world.

As a result, when ISIS emerged as the latest manifestation of al-Qaeda-style extremists two years ago, the Sunni population — despite their relatively secular outlook and strong opposition to such ideologies and tactics — found them to be the lesser evil and did not resist their takeover. Their advance was made easier by the failure of corrupt and inept Iraqi army to fight. As the U.S. learned in South Vietnam, no matter how well you train a foreign army and how many arms you provide them, they will only be successful if they believe their regime is worth fighting and dying for.

Meanwhile, in Syria, the taking up of arms by anti-regime forces in early 2012, the collapse of the nonviolent pro-democracy struggle, and the horrific bombing of urban neighborhoods and other acts of repression by the Syrian regime, gave ISIS — which has never recognized the artificial colonial-era boundaries between Arab states — an opening to take over major areas of Syria as well, resulting in foreign intervention and ISIS retaliation. The bombing of ISIS targets by Russia resulted in the downing of a Russian airliner in October. Attacks against ISIS by Lebanese Shia militia inspired the bombing of a Shia neighborhood in Beirut in November. And French airstrikes against ISIS led to the Paris massacres soon thereafter.

The San Bernardino massacre is indicative that such ISIS-inspired terrorist attacks can come to America’s shores as well.

There are no clear answers as to how to best respond to the threat from ISIS. There should be no question, however, as to U.S. responsibility in giving rise to this dangerous violent cult.

What We Can Expect From Hillary Clinton on Israel/Palestine

Supporters of the international legal framework – which has, with mixed success, governed international affairs since the end of World War II – have long expressed concerns over the prospect of former senator and secretary of state Hillary Clinton becoming president. Her support for the US invasion of Iraq (a flagrant violation of the UN Charter), as well as her hostility toward the International Criminal Court, her support for international recognition of Morocco’s illegal annexation of occupied Western Sahara, and her attacks against the United Nations and a number of its key agencies raise concerns that her election would bring a return to the Bush administration’s neoconservative rejection of longstanding international legal principles.

One of the big challenges regarding the application of international law is the Israeli-Palestinian conflict, which involves a foreign belligerent occupation, illegal colonization, war crimes committed by both the occupying power and at least one arm of the resistance, and scores of UN Security Council resolutions. As senator and subsequently, Hillary Clinton has developed a reputation as one of the most right-wing Democrats on Israel/Palestine, repeatedly siding with Likud-led governments against Israeli progressives and moderates, and taking a dismissive attitude regarding the application of international law or any role for the United Nations.

As a senator, Clinton defended Israel’s colonization efforts in the occupied West Bank and was highly critical of the United Nations for its efforts to uphold international humanitarian law, which forbids transferring civilian populations onto territories under foreign belligerent occupation. Clinton criticized the UN’s enforcement of four UN Security Council resolutions calling on Israel to end the practice, and even took the time for a 2005 visit to a major Israeli settlement in the occupied West Bank in a show of support. She moderated that stance somewhat as secretary of state in expressing concerns over how the right-wing Israeli government’s settlement policies harmed the overall climate of the peace process, but she has refused to acknowledge the illegality of the settlements or demand that Israel abide by international demands to stop building additional settlements. Subsequently, she has argued that the Obama administration pushed too hard in the early years of the administration to get Israel to suspend settlement construction.

In 2011, Clinton successfully pushed for a US veto of a UN Security Council resolution reiterating the illegality of the settlement drive and calling for a settlement freeze. The UN Security Council has traditionally been the vehicle for enforcing international law in territories under foreign belligerent occupation, but Clinton noted, “We have consistently over many years said that the United Nations Security Council – and resolutions that would come before the Security Council – is not the right vehicle to advance the goal,” despite the US failure to stop this colonization drive on its own.

Moreover, when the Netanyahu government reneged on an earlier promise of a temporary and limited freeze and announced massive subsidies for the construction of new settlements on the eve of her 2011 visit to Israel, Clinton spoke only of the need for peace talks to resume. She even equated Palestinians’ legal right to have their state recognized by the United Nations with Israel’s illegal settlements policy as undermining the peace process.

Clinton has insisted, “We will not deal with nor in any way fund a Palestinian government that includes Hamas unless and until Hamas has renounced violence, recognized Israel and agreed to follow the previous obligations of the Palestinian Authority.” However, Clinton has called for increasing US military aid and diplomatic support for Israel’s right-wing government, which includes ministers from far right-wing parties who support violent settler militias that have repeatedly attacked Palestinian civilians, oppose recognition of a Palestinian state, and reject the Oslo agreement and subsequent agreements by the Israeli government.

More recently, Clinton has been making a series of excuses as to why Israel cannot make peace, despite the Showing Authority’s acquiescence to virtually all the demands made by the Obama administration. For example, The Washington Post noted how she “appeared to blame the collapse of direct Israel-Palestinian talks on the wave of Mideast revolutions and unrest during the 2011 Arab Spring, although talks had broken off the previous year.” Clinton has also said that Israelis cannot be expected to make peace until they “know what happens in Syria and whether Jordan will remain stable,” which most observers recognize will take a very long time, thereby enabling Prime Minister Benjamin Netanyahu to further colonize the West Bank to the point where the establishment of a viable Palestinian state is impossible. What kind of peace settlement she envisions has not been made clear, but she did endorse former Israeli Prime Minister Ariel Sharon’s 2004 “Convergence Plan,” which would have allowed Israel to annex large areas of Palestinian territory conquered by Israeli forces in the 1967 war, despite the longstanding principle in international law against any country expanding its territory by force and the fact that it would divide any future Palestinian state into a series of small, noncontiguous cantons surrounded by Israel.

She has vigorously defended Israel’s wars on Gaza. As secretary of state, she took the lead in attempting to block any action by the United Nations in response to a 2009 report by a UN Human Rights Council fact-finding mission – headed by the distinguished South African jurist Richard Goldstone (a Zionist Jew) – which documented war crimes by both Israel and Hamas. She has implied that the report denied Israel’s right to self-defense, when it in fact explicitly recognized Israel’s right to do so. Since the report’s only objections to Israeli conduct were in regard to attacks on civilian targets, not its military actions against extremist militias lobbing rockets into Israel, it appears that either she was deliberately misrepresenting the report, never bothered to read it before attacking it or believes killing civilians can constitute legitimate self-defense.

More recently, in response to concerns raised by Israeli and international human rights groups about the nearly 1,500 civilians killed by Israeli forces during the 2014 war on the Gaza Strip, she insisted, “I think Israel did what it had to do to respond to Hamas rockets. Israel has a right to defend itself.”

When Israeli forces attacked a UN school housing refugees in the Gaza Strip in July 2014, killing dozens of civilians, the Obama administration issued a statement saying it was “appalled” by the “disgraceful” shelling. By contrast, Hillary Clinton – when pressed about it during an interview with The Atlantic – refused to criticize the massacre, saying, “[I]t’s impossible to know what happens in the fog of war.” Though investigators found no evidence of Hamas equipment or military activity anywhere near the school, Clinton falsely alleged that they were firing rockets from an annex to the school. In any case, she argued, when Palestinian civilians die from Israeli attacks, “the ultimate responsibility has to rest on Hamas and the decisions it made.”

Though President Obama has provided more aid to Israel than any previous US administration and taken a number of other unprecedented steps in support of Israel, Clinton has criticized him for being too critical of Israel’s right-wing government. In response to the chilly relationship between Obama and Netanyahu, she has promised to invite the right-wing Israeli prime minister to the White House within a month of coming to office. She has rejected taking a position of “tough love” advocated by Israeli moderates and liberals and says that any disagreements with Israeli policies should be only done “in private and behind, you know, closed doors” on the grounds that otherwise “it opens the door to everybody else to delegitimize Israel.” In Clinton’s view, then, supporting Israeli moderates by publicly opposing efforts to undermine the peace process and ongoing violations of international humanitarian law by the country’s right-wing government is the same as “delegitimizing” the nation itself. And since, under her leadership, the State Department formally listed efforts to “delegitimize” Israel as part of its definition of anti-Semitism, it may give some indication as to how her administration would characterize those who do publicly raise concerns regarding certain Israeli policies.

Clinton further argues that it is illegitimate to use sanctions or other pressure to “dictate” that an allied occupying power like Israel should end its illegal colonization of occupied territory and withdraw to within its internationally recognized boundaries in accordance with UN resolutions and international law. Though there have been a number of successful efforts since the founding of the United Nations in 1945 in which the international community chose to “dictate” that occupying powers withdraw, she rejects any kind of “outside or unilateral actions” against such flagrant violations of international legal norms if the perpetrator is deemed to be a strategic ally of the United States. Though a series of UN Security Council resolutions, rulings by the World Court and longstanding international legal principles recognize the illegitimacy of any country expanding its borders by force and moving settlers into occupied territory, she insists that whether and to what extent Israel withdraws its occupation forces or its settlements should be solely based upon negotiations between Israel and the Palestinian Authority, ignoring the gross asymmetry in power between the two parties. Disregarding how such unilateral Israeli actions such as the expansion of illegal settlements is imposing Israeli control over the occupied West Bank, Clinton has insisted that neither restrictions on Israel’s colonization drive nor resolution of the conflict overall should be “imposed from the outside,” such as through the United States or the United Nations. She is therefore rejecting initiatives like the parameters for a viable two-state solution outlined by her husband in December 2000 in what became known as the Clinton Plan, which the Palestinian Authority belatedly endorsed but successive Israeli governments have rejected.

Perhaps the single most revealing episode showing Clinton’s rejection of international law as a basis for Israeli-Palestinian peace occurred in reaction to a landmark 2004 advisory opinion by the International Court of Justice.

The World Court

The International Court of Justice (ICJ), or “World Court,” has adjudicated disputes between nations since 1899. Since the founding of the United Nations in 1945, it has functioned essentially as the judicial arm of the UN system. Designed to better enable nations to settle their disputes nonviolently based upon the rule of law, the ICJ has been used by Washington on a number of occasions over the years to advance US foreign policy interests ranging from fishing disputes with Canada to the seizure of American hostages by Iran.

The ICJ ruled by a 14-1 vote (with only the US judge dissenting, largely on a technicality) that Israel, like every country, is obliged to abide by provisions of the Fourth Geneva Convention on the Laws of War, and that the international community – as in any other case in which ongoing violations are taking place – is obliged to ensure that international humanitarian law is enforced. At issue was the Israeli government’s ongoing construction of a separation barrier deep inside the occupied West Bank, which the World Court recognized – as does the broad consensus of international legal scholarship – as a violation of international humanitarian law.

The ICJ ruled that Israel, like any country, had the right to build the barrier along its internationally recognized border for self-defense, but did not have the right to build it inside occupied territory as a means of effectively annexing Palestinian land. In an unprecedented congressional action, Hillary Clinton, then a US senator, immediately introduced a resolution to put the Senate on record “supporting the construction by Israel of a security fence” and “condemning the decision of the International Court of Justice on the legality of the security fence.” In an effort to render the UN impotent in its enforcement of international law, her resolution (which even the then-Republican-controlled Senate failed to pass) also attempted to put the Senate on record “urging no further action by the United Nations to delay or prevent the construction of the security fence.”

Clinton’s resolution claimed that Israel had built a similar barrier “in Gaza [that] has proved effective at reducing the number of terrorist attacks.” Also, according to the resolution, “The United States, Korea, and India have constructed security fences to separate such countries from territories or other countries for the security of their citizens.” Such comparisons, however, fail to note – as did the World Court – that these other barriers were placed along internationally recognized borders and were therefore not the subject of legal challenge. Clinton’s resolution also claimed that “the International Court of Justice is politicized and critical of Israel,” ignoring that the World Court has actually been quite consistent in its rulings on such matters: In the only other two advisory opinions issued by the ICJ involving occupied territories – South African-occupied Namibia in 1971 and Moroccan-occupied Western Sahara in 1975 – the court also decided against the occupying powers.

In an apparent effort to misrepresent and discredit the United Nations, Clinton’s resolution contended that the request by the UN General Assembly for a legal opinion by the ICJ referred to “the security fence being constructed by Israel to prevent Palestinian terrorists from entering Israel.” In reality, the UN request said nothing regarding security measures preventing terrorists from entering Israel. Instead, the document refers only to the legal consequences arising from “the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory.” Moreover, the UN statement referred to the UN secretary general’s recently released report on the occupation, which reiterated the longstanding international consensus that occupied Palestinian territory refers only to the parts of Palestine seized by Israel in the 1967 war, not to any part of Israel itself.

The World Court decision explicitly upheld Israel’s right to build a separation barrier along its internationally recognized border, but noted that Israel could not legally build it deep inside territory recognized as under foreign belligerent occupation. Therefore, Clinton’s claim at a right-wing rally at the United Nations protesting the decision that “It makes no sense for the United Nations to vehemently oppose a fence which is a nonviolent response to terrorism rather than opposing terrorism itself” was false in that both the UN and the World Court were only objecting to the barrier being built beyond Israel’s borders. Indeed, in her resolution and elsewhere, she appeared to claim that opposition to the plan of illegally building a barrier in a serpentine fashion deep inside occupied territory as part of an effort to effectively annex illegal Israeli settlements and other large swathes of the West Bank into Israel was denying Israel’s its right to self-defense and therefore was proof of an “anti-Israel” bias.

The lengthy and nuanced ruling was quite consistent with longstanding international legal standards regarding the responsibility of the occupying power in territories under foreign belligerent occupation. Indeed, in the only other two advisory opinions issued by the ICJ involving occupied territories – South African-occupied Namibia in 1971 and Moroccan-occupied Western Sahara in 1975 – the court also decided against the occupying powers. In her effort to discredit the World Court, however, she nevertheless insisted that “the International Court of Justice is politicized and critical of Israel” and Israel should therefore ignore the ruling.

Human Rights Impact

Amnesty International, Human Rights Watch, the International Red Cross and a number of Israeli human rights groups have documented the devastating impact of the separation barrier on the economic and social lives of Palestinians, including blocking access to schools, health care and employment. These findings were confirmed in the ICJ ruling. However, in an effort to discredit these reputable human rights groups along with the World Court, Clinton’s resolution contested their assertions that the route chosen for the wall has had such a negative impact, declaring that “the Government of Israel takes into account the need to minimize the confiscation of Palestinian land and the imposition of hardship on the Palestinian people.” Not long afterward, Senator Clinton took part in a photo opportunity at the illegal Israeli settlement of Gilo, in which she claimed, while gazing over the massive wall bisecting what used to be a Palestinian vineyard, “This is not against the Palestinian people. This is against the terrorists.”

Ironically, despite these claims – along with her insistence that Israel’s barrier is a “proportional response to the campaign of terrorism by Palestinian militants” – the Israeli Supreme Court on several occasions subsequently has ordered the government to reroute sections of the wall bisecting some Palestinian towns, because the “relationship between the injury to the local inhabitants and the security benefit from the contraction of the Separation Fence along the route, as determined by the military officer, is not proportionate.”

The Fourth Geneva Convention forbids countries from transferring civilians onto territory seized by military force. No less than four UN Security Council resolutions, along with the World Court decision, have confirmed its applicability to the West Bank settlements. Senator Clinton, however, has long insisted that the Israeli settlements, the route of the wall and other matters of international law should not be matters for the United Nations or the World Court to contend with, but should be left solely to negotiations between representatives of the Palestinians and the right-wing government of their Israeli occupiers, which has steadfastly refused to end its occupation or its colonization of the West Bank.

Clinton claims that the Palestinian decision to take the issue of the separation barrier to the World Court violates the 1993 Oslo agreement that none of the parties take any unilateral initiatives that would prejudice the outcome of the peace process. But she has been loath to criticize Israel for how its governments have prejudiced the outcome of the peace process through their ongoing construction of illegal settlements in the occupied territories and other unilateral initiatives.

Indeed, she must have recognized that the wording of her resolution and her related statements effectively constitute the legitimization of the expansion of a country’s territory by force, a clear violation of the UN Charter. As a graduate of one of the top US law schools, Clinton surely recognized the significance of her insistence that the World Court somehow no longer had jurisdiction on matters related to international humanitarian law in territories legally recognized as under foreign belligerent occupation.

Broader Implications

The World Court made a definitive ruling that member states of binding treaties, conventions and charters such as the Fourth Geneva Convention and the UN Charter are obliged to ensure that other member states live up to their legal obligations under those agreements. Specifically, the court insisted that every country that is party to the Fourth Geneva Convention must “ensure compliance by Israel with international humanitarian law as embodied in that Convention.”

This may be what disturbed Clinton so much. Any such strict and uniform application of international law would interfere with US policy objectives in the region, which rely heavily on the use of military force, including conquest and occupation. This is why any attempt to enforce international humanitarian law must be met by slander, condemnation and other attacks against the credibility of the international organizations daring to suggest that the United States and its allies are not somehow exempt from such legal obligations.

In its ruling, the ICJ also determined that “the United Nations, and especially the General Assembly and the Security Council, should consider what further action is required to bring to an end the illegal situation resulting from the construction of the wall.” As a result, Clinton’s resolution specifically urges the administration “to vote against any further UN action that could delay or prevent the construction of the security fence and to engage in a diplomatic campaign to persuade other countries to do the same,” effectively saying that despite the nearly unanimous World Court decision to the contrary, parties to international agreements are not bound to abide by or enforce them.

Given that the World Court enjoined the United States and other signatories to “ensure compliance by Israel with international humanitarian law,” any refusal by the US government, which – as Israel’s primary military, economic and diplomatic supporter – is in the best position to “ensure compliance,” places the United States in violation of the World Court, as is Israel. However, just as Hillary Clinton chose to ignore the UN Charter by voting to invade Iraq, she also believes the United States should be able to ignore the world’s highest court.

The United Nations and the Fourth Geneva Convention came into being in part as a result of the efforts of Democratic presidents like Franklin D. Roosevelt and Harry S. Truman. That the Democratic Party may nominate someone who is willing to reject such basic tenets of international law is indicative of how far Democrats have gone in abandoning traditional liberal values.

Chancellor’s opposition to student resolution problematic

UC Santa Cruz Chancellor George Blumenthal, in an all-campus mailing sent out Nov. 19, expressed his opposition to a recently passed resolution by the Student Union Assembly in a manner which has raised serious concerns among supporters of corporate responsibility and academic freedom. It is virtually unprecedented for a chancellor or other high-level administration to criticize student representatives for participating in a democratic process of debate and decision making, even on contentious issues.

As issue was a vote by the UCSC Student Union Assembly to reinstate a call for the University of California to divest from companies that profit from military support for the Israeli occupation or from companies that invest in illegal settlements or the illegal separation barrier in occupied Palestinian territories.

Many observers, on campus and off, found the chancellor’s response problematic for a number of reasons:

First of all, the letter falsely claimed it was a vote to “divest from Israel,” when in fact the resolution called only for divestment from four primarily U.S. companies that directly support the Israeli occupation.

Secondly, the chancellor’s claim that taking this principled stance in support of corporate responsibility in reference to international law and human rights could somehow “have a chilling effect on individuals within our campus community” appears designed to discourage the very kind of activism that UCSC students have practiced for decades without interference from previous chancellors.

Thirdly, the letter implies that supporting a socially responsible investment policy would somehow contribute to a possible climate of harassment or worse for students who disagree. Based on similar divestment campaigns regarding apartheid South Africa, sweatshops and carbon polluters, however, there seems to be little merit to concerns that opponents of this initiative would be targeted in such a way.

Perhaps the most disturbing part the letter was Chancellor Blumenthal’s claim that the resolution “may create an environment in which some of our Jewish students feel alienated and less welcome on our campus.” The implication that “Jewish students” are a homogenous group who will somehow be offended simply by opposition to certain policies of Israel’s right-wing government is ludicrous. Not only is opposition to the Israeli occupation widespread among Jews in the United States, Israel and elsewhere, Jewish students were among those who voted in favor of the divestment resolution.

This is why posting a letter conflating Israeli-occupied territories with Israel and conflating Israel with Jewish students is so problematic. In failing to make these critical distinctions, Chancellor Blumenthal is effectively equating opposition to what is recognized by the international community (including the U.S. State Department) as a foreign belligerent occupation and a call for divestment from corporations supporting it as somehow encouraging bigotry toward a minority group.

There are also concerns the chancellor’s decision to express his opposition to the SUA resolution in such a public way could be intimidating for non-tenured faculty and others who might support this and other initiatives in support of human rights, international law and corporate responsibility. Indeed, the letter warns of how such efforts “can exacerbate tensions and contribute to what some experience as a hostile environment” and ominously notes, how, “Globally, we’re seeing how hatred can lead to unimaginable acts of violence.”

Increasingly, well-funded right-wing groups supportive of the Israeli occupation have been pressuring administrators to crack down on activism and scholarship critical of such policies in the name of protecting the ethnic or religious sensitivities of students, usually by intemperate and exaggerated characterizations of the statements or scholarly work of those they target.

Anti-Semitism — like racism, sexism, and other forms of oppression — is a real problem that UCSC and other academic institutions should indeed take seriously. However, as noted in a recent letter to Chancellor Blumenthal from California Scholars for Academic Freedom, “While both federal and state law as well as university policy protect students from discrimination or antagonism based on their religious, ethnic, gender and other identities, it is completely unreasonable — as long as such discourse is conducted in a non-coercive and nonviolent manner — to try to protect people from hearing challenges to their political beliefs simply on the grounds of their identification with them.”

It is disappointing that Chancellor Blumenthal appears to be confused about this important distinction

Nobel Peace Prize spotlights National Dialogue Quartet

Bloody civil wars, the rise of the so-called “Islamic State,” the continued rule by absolute monarchs and other despots, and the ongoing Israeli and Moroccan occupations have left many skeptical of the prospects of peace, democracy and stability in the Arab world.

The awarding of the Nobel Peace Prize on Dec. 10 to a group of four Tunisian civil society groups that played a key role in their country’s transition to democracy is a reminder of how, if given the opportunity, Arab peoples are quite capable of the difficult work of navigating their nation from dictatorship to democracy.

The Nobel Committee recognized the role of the National Dialogue Quartet — composed of the Tunisian General Labor Union, the Tunisian Human Rights League, the Tunisian Order of Lawyers, and the Tunisian Confederation of Industry, Trade and Handicrafts (UTICA) — for “its decisive contribution to the building of a pluralist democracy in Tunisia in the wake of the Jasmine Revolution of 2011.”

Tunisia is still beset by serious political and economic problems, as well as the threat of Islamist terrorists and the risk that the government could suppress civil liberties. Still, the country remains the one real success story of the so-called “Arab Spring.”

Recent years have demonstrated the power of strategic nonviolent action in bringing down authoritarian regimes. Unlike countries where autocratic governments have been overthrown by armed struggle or foreign military intervention, which usually results in civil war and/or a new dictatorship, countries where democratic civil society organizations mobilize nonviolently are more likely to evolve into stable democracies within a few years.

There is no guarantee, however. Egypt’s nonviolent revolutionaries who brought down the Mubarak regime in 2011 have watched their country slide back into authoritarianism. The Yemenis ousted authoritarian President Ali Abdullah Saleh the following year, but the regime largely remained intact, resulting in civil war.

Some have argued that the Nobel Prize should have gone to those on the front lines of the struggle that originally brought down the dictatorship of Zine El Abidine Ben Ali. Indeed, the story of the four-week unarmed insurrection in the face of brutal government repression during 2010-2011 is truly inspiring.

However, what transpired afterward was also impressive.

Immediately following Ben Ali’s flight into exile, his prime minister assumed power as interim president, replaced the following day by the former speaker of the lower house of parliament. Since both were leading members of Ben Ali’s ruling Democratic Constitutional Rally party, however, protests continued, forcing the inclusion of leading opposition figures in the cabinet.

Demonstrators persisted until top government posts were purged of any remaining members of Ben Ali’s party and were purged of other close associates of the former regime by the end of January. An interim government organized free competitive elections to be held that October.

As in Egypt, conservative Islamists had an organization advantage, with their Ennahda party winning a plurality. But they were willing to share power in a coalition government.

Ten months later, though, many thousands of Tunisians were on the streets protesting the government’s efforts to restrict women’s rights and curb civil liberties in the draft constitution and its failure to stop violence by Islamist extremists.

Protests escalated the following year, particularly in reaction to the assassinations of two popular left-wing secular leaders, leading to a general strike in July 2013 amid calls for the Islamists to step down. Fears increased of a bloody crackdown, a military coup, or even civil war.

However, the Quartet then came to the fore to negotiate the transition to a provisional technocratic government and the drafting of a democratic constitution.

The constitution ratified in January 2014, one of the most progressive in the world, includes provisions guaranteeing freedom of speech, freedom of religion, gender equality, and protection of the country’s natural resources. In October, Nidaa Tounes, a center-left coalition uniting secularists, trade unionists, and liberals, won the largest bloc of seats in parliamentary election. The coalition’s presidential candidate, Beji Caid Essebsi, was elected in December.

One remarkable aspect of the process was not just that secularists and Islamists were able to negotiate an agreement in the country’s best interests, but that sharp divisions within the Quartet had to be resolved before the negotiations even began. The ideological range of the Quartet included the decidedly leftist Tunisia General Labor Union and the pro-business UTICA (which effectively served as Tunisia’s Chamber of Commerce).

The union’s general secretary, Houcine Abassi, noted how the political parties were “sticking to radical intransigent positions and they were not looking out for the general interest.” As a result, “we decided, as a union movement, to shoulder our responsibilities. We considered there had to be one independent neutral party and that party should be worthy of everyone’s trust.”

It is perhaps not coincidental that the one major success story of the Arab Spring comes from the country where the United States was least involved. Unlike in Egypt, the United States did not help arm, train and finance a massive military apparatus. Unlike in Bahrain, the U.S. did not back the government in its suppression of pro-democracy forces. Unlike in Libya, the U.S. did not intervene militarily. Unlike in Yemen, the U.S. did not support blocking the establishment of a democratic representative government.

In Tunisia, however, representatives of the nation’s people were able to take the lead. And they chose democracy.

Obama’s Escalation in Syria

President Obama’s announcement that he would send up to 50 U.S. Special Forces to “train, advise and assist” armed militia fighting forces of the so-called “Islamic State” in Syria marks an escalation in U.S. military involvement in that country.

It also raises some serious legal, political, strategic, ethical, and constitutional questions and may open the way to a far larger and dangerous military entanglements in the future. Despite the absence of the requisite approval of Congress, the United States has been engaged in regular airstrikes in that country for more than a year as well as arming, training, and funding “moderate” rebel groups with little strategic gain to show for it.

On at least sixteen occasions, President Obama assured the American people that, despite increased U.S. military involvement in Syria, there would be “no boots on the ground.” It was assumed there would be exceptions for situations such as rescuing a downed pilot, or a short-term special commando operation such as destroying critical targets or rescuing hostages.

Obama’s announcement, however, means that for the first time there will be U.S. troops on the ground on an ongoing basis. The hope is that the elite forces will act as “force multipliers” by being embedded in what they hope to be a pro-democratic, multi-ethnic unit and by coordinating their operations with well-established Kurdish militia.

Given the limited nature of the intervention, the small number of troops involved, and the perfidious nature of the ISIS enemy, many traditional critics of U.S. military involvement overseas are not raising objections. These U.S. advisors might even make a positive difference: Unlike the Syrian regime and the U.S.-backed forces of the Iraqi regime—which have engaged in major human rights abuses, have little support in ISIS-controlled areas, and have often proved to be an ineffective fighting force—these American soldiers will be working with popular Kurdish militia which have repeatedly proven themselves in battles against ISIS.

However, from Vietnam to Somalia to Afghanistan, Americans have seen what were supposed to have been limited engagements escalate into long, bloody, and costly wars. The Pentagon has made clear that this is an open-ended mission, and the administration has not ruled out sending in additional forces at a later date.

Recent decades have shown that the more the United States has become involved militarily in the Middle East, the more violent and destabilized the region has become and the less secure the United States and its interests have become.

During the past fifteen months, the U.S. has deployed 3,500 U.S. troops in Iraq and has engaged in more than 6,000 air strikes in the fight against ISIS, but Congress has still not voted on whether to authorize this latest U.S. military intervention. Even with last week’s announced escalation, Congress has failed to live up to its constitutional responsibilities.

Obama did submit a proposed authorization for the use of military force earlier this year. Since many Democrats thought it was not restrictive enough, and Republicans thought it was too restrictive, it never passed. Despite this, U.S. involvement has not only continued, but increased.

President Obama claims that due to previous Congressional resolutions following the 9/11 attacks in 2001 and the October 2002 resolution approving the invasion of Iraq, he does not actually need such authorization. However, the former resolution was only in regard to Al Qaida (which actually opposes ISIS) and the latter was in regard to the long-deposed Iraqi regime of Saddam Hussein.

The 1973 War Powers Resolution, which bars a president from engaging U.S. forces in a hostile situation for more than 90 days unless Congress approves the deployment, should have prevented Obama’s escalation. However, it appears that a bipartisan effort has effectively shredded this landmark piece of legislation which grew out of popular opposition to the Vietnam War.

So, whether or not one thinks this might be a case where US military intervention might be justified, the bottom line is that it is illegal, a threat to the Constitution, and a very dangerous precedent.

Why Netanyahu Needs Holocaust Revisionism and Israeli-Palestinian Violence

Israeli Prime Minister Benjamin Netanyahu’s October 20 speech claiming that Hitler had not planned to exterminate Jews until a prominent Palestinian cleric pressured him to do so, while outrageous, is consistent with the longstanding narrative of the right-wing government and its U.S. supporters.

As everyone from the German government to leading Israeli historians have noted, the charge that Grand Mufti Haj Amin al-Husseini was responsible for the Holocaust is ludicrous. Not only is there no record of such an exchange between the two, the meeting took place in late November 1941, four months after the “Final Solution” had been formally authorized. By that time, nearly one million Jews–primarily from Poland, Lithuania, Ukraine, Serbia, and Russia–had already been murdered.

Netanyahu’s goal in making such extremist remarks, in the immediate term, was to validate his insistence that the recent attacks on Israeli civilians by Palestinians stemmed not from retaliation for the larger number of killings of Palestinian civilians by Israelis, as leading Israeli security analysts have noted, nor from the frustrations over nearly 50 years of Israeli occupation, colonization, and repression. To the Israeli leader, the attacks are simply a result of a centuries-old hatred of the Jews.

Regardless of the motivation, the stabbings and shootings of this past month of eight Israelis–including both settlers in the occupied West Bank and within Israel itself–is certainly horrific and can never be justified.

However, during this same period, 57 Palestinians, including 13 children and a pregnant woman, have been killed by Israeli police, soldiers, or vigilantes. Some of the Palestinians killed were engaged in stabbings or stabbing attempts, though in a number of cases eyewitnesses insisted otherwise. In one incident, a man engaging in suspicious behavior killed by Israeli police was labeled a “terrorist,” but the government immediately dropped the label as soon as they discovered he was actually an Israeli Jew.

While other Palestinians were shot dead while engaging in violent protests, the majority of those killed appear to have not been involved in any violent or threatening activities. Among them was physician, Hebron community leader, and human rights activist Hesham Azzeh, an advocate of nonviolent resistance who had worked with both Israeli and international peace groups.

Kenneth Roth, executive director of Human Rights Watch, following the shooting of an HRW investigator by Israeli occupation forces, noted “indiscriminate or deliberate firing on observers and demonstrators who pose no imminent threat violates the international standards that bind Israeli security forces”

Meanwhile, in the United States, Hillary Clinton and members of Congress from both parties have gone on record condemning the killing of Israeli civilians by Palestinians, but not the larger number of Palestinian civilians by Israelis.

Leading Democrats on Capitol Hill have joined their Republican colleagues in demanding that Palestinian President Mahmoud Abbas prevent the ongoing attacks against Israelis, despite the fact that the vast majority of them have been committed by Palestinians living in areas under exclusive Israeli control. Indeed, Israeli intelligence has noted that not only is there no evidence suggesting that President Abbas is inciting such attacks, but that he has directed his security forces to try to prevent any attacks from within territory under their jurisdiction.

The larger motivation behind Netanyahu’s ahistorical claims about the Holocaust appears to be part of his long-term strategy of portraying the Palestinian nationalist movement as little more than an effort by irrational fanatics to exterminate the Jews. This is why the rightist prime minister insists he cannot make peace. Indeed, in a speech on Monday regarding the West Bank, he reiterated his insistence that “we need to control all of the territory for the foreseeable future.”

Meanwhile, President Abbas, the recognized Palestinian government, the Palestine Liberation Organization, and the ruling Fatah party all remain on record accepting Israel’s right to exist with strict security guarantees on 78% of historic Palestine, but simply demanding an end of the occupation and colonization of the remaining 22% seized by Israel in the 1967 war.

It is this kind of moderation which makes it difficult for Israel to continue its refusal to make the necessary compromises for peace. This is why Netanyahu and his American supporters need to blame the violence exclusively on those under occupation, convince the public that Arabs and Muslims simply want the Jews annihilated, and frighten Israelis into rejecting Palestinian offers for peace.

Bipartisan Attacks Against Anti-occupation Divestment Campaigns

In April, the student senate at Earlham College, a Quaker liberal arts institution in Indiana, approved a resolution by consensus recommending the college endowment divest from three U.S. companies (Motorola, Hewlett Packard and Caterpillar) which are directly supporting the Israeli occupation in violation of international law. The resolution (thus far ignored by the college’s board of trustees) follows decisions by a number of Quaker-affiliated organizations — as well as the Presbyterian Church USA, the United Church of Christ, and other nonprofit groups — to divest from these companies.

The response was swift. Within weeks, the Indiana state legislature passed a bipartisan resolution condemning the boycott/divest/sanctions campaign as “anti-Jewish,” accusing it of “promoting a climate of hatred, intimidation, intolerance, and violence against Jews.” Despite the absurdity of the notion that the consensus of an elected body of students at a college rooted in a Christian pacifist tradition would promote “violence against Jews” or anybody else, the resolution received near-unanimous support from both Republicans and Democrats.

A similar resolution passed in the Tennessee legislature as well, also with virtually unanimous bipartisan support.

The tactic of boycotts, divestment and sanctions (BDS) has been used for years to pressure U.S. companies to stop illegally profiting from foreign occupations, particularly in cases where the United States has blocked the United Nations from enforcing its resolutions calling for withdrawal of occupation forces in accordance with the U.N. Charter. Boycott and divestment campaigns in previous decades targeted companies supporting South Africa’s occupation of Namibia and Indonesia’s occupation of East Timor. A campaign is currently underway, particularly strong in Europe, in support of BDS against the Moroccan occupation of Western Sahara.

In the case of the Israeli occupation, however, supporters of the Israeli occupation and the right-wing Israeli government have mounted a strong counter-attack.

For example, Hillary Clinton — the front runner for the 2016 Democratic presidential nomination — has declared that the BDS movement was working to “malign and undermine Israel and the Jewish people.” Similarly, the Democratic-controlled State Assembly in California passed a non-binding resolution declaring BDS advocacy “anti-Semitic activities” which should “not be tolerated” on state university campuses.

For decades, student activism in solidarity with oppressed peoples in the Global South has attracted a variety of supporters, ranging from Christian pacifists to proponents of armed revolution, and from liberal Democrats to Marxist-Leninists. Similarly, while the BDS movement has attracted some hardline pro-Palestinian elements which could reasonably be considered anti-Israel (and, in a few cases, even anti-Semitic), the vast majority are sincere and principled supporters of human rights and international law.

This tendency by Democratic politicians to malign BDS supporters as the movement’s most extreme elements is politically damaging for the party, which depends heavily on young progressive student volunteers. For example, Obama’s very narrow victory in Indiana in the 2008 election was made possible in part by the hundreds of students from Earlham and other colleges in the state going door-to-door. These statements and resolutions are giving a signal that supporters of BDS and other campaigns for corporate responsibility are no longer welcome in the party.

A number of prominent Democratic politicians first became politically engaged while in college, working on divestment campaigns targeting apartheid South Africa in the 1970s and 1980s. Their contemporaries will be much less inclined to become involved with a party which attacks them and unfairly portrays their human rights activism as a form of bigotry. As a result, the Democrats are in jeopardy of losing many of the very kind of idealistic young people with strong organizing skills the party needs.

The anti-BDS fervor has gone beyond statements and nonbinding resolutions. This spring, the Illinois legislature passed a unanimous measure sponsored by Democratic leaders which requires divesting state pension funds from companies that invest in Iran or Sudan, but ironically also calls for divesting from companies that boycott Israel, Israeli settlements, or otherwise use economic means to oppose the occupation.

As a result, state pension fund shares in any publicly-traded company — even one that invests in Israel — now have to be sold if they had a policy of boycotting the illegal settlements in the occupied territories. These would include socially-conscious companies like Ben & Jerry’s, which manufactures and sells its ice cream in Israel but refuses to buy products used in their manufacturing if produced in Israeli settlements.

Support for the settlements through discouraging BDS has also been included in federal legislation. A clause in the “fast track” bill to help insure passage of the controversial Trans-Pacific Partnership which became law in June forces the Obama administration to pressure potential U.S. trading partners to no longer boycott products made in illegal settlements or to discourage their companies from supporting the Israeli occupation.

There appears, then, to be a growing acceptance by politicians of both parties of the neoconservative view that the enforcement of international humanitarian law — such as provisions that bar companies from supporting illegal occupations — should be opposed (at least as it applies to the United States and its allies) and that those who support the universal applications of such principles should be attacked, marginalized and punished, such as by labeling proponents as anti-Semitic or by hurting their businesses.

This bipartisan willingness to defame and punish those advocating socially-responsible investment policies also may be based upon the belief that defending corporate profits for companies like Motorola, Hewlett Packard, and Caterpillar is a higher priority than defending human rights. It may be only a matter of time before groups like Students for a Free Tibet — which calls for boycotts and related activities targeting the Beijing government and U.S. companies that support that occupation of Tibet — will be labeled as anti-Chinese racists. One can imagine other scenarios in which those who advocate divestment and similar actions against carbon polluters, arms manufacturers, and others will also be targeted by politicians.

Some have cautioned against interpreting such statements and legislation too broadly, arguing that politicians who support anti-BDS measures do so only because it impacts Israel and that they are being forced by some kind of rich cabal of Jews behind the scenes. Such rationalizations, however, really are anti-Semitic. No one has ever lost an election for refusing to attack advocates of socially-responsible investment policies.

This is why even those who do not necessarily support the BDS campaign against Israel or the Israeli occupation should oppose such efforts. At root, these anti-BDS efforts are about defending corporate profits, regardless of the moral and legal implications.

Support for Iraq War Still Haunts Hillary Clinton’s Candidacy

More than a dozen years later, Hillary Clinton is still being haunted by her decision to break with the majority of her Congressional Democratic colleagues and vote in favor of President George W. Bush’s call to authorize the U.S. invasion and occupation of Iraq.

Clinton is the only one of the five major announced candidates for the 2016 Democratic presidential nomination who supported that illegal and unnecessary war, which not only resulted in 4,500 American deaths and thousands more permanently disabled, but hundreds of thousands of Iraqi deaths, the destabilization of the region with the rise of ISIS, and a dramatic increase in the federal deficit resulting in major cutbacks to important social programs.

Her defenders have characterized her vote as a “mistake.” However, it would have been a mistake only if she had pushed the “aye” button when she had meant to push the “nay” button. It was quite deliberate and the implications still raise serious questions.

Pope John Paul II and the National Council of Catholic Bishops, along with the leadership of virtually every major mainline U.S. Protestant denomination, came out in opposition to the U.S. invasion of Iraq. The Christian groups that supported Bush’s call for war were essentially restricted to right-wing fundamentalists, thereby raising some serious questions as to where Clinton is coming from theologically.

It is striking that many liberals — who would not think of supporting her if she took positions on gay rights or abortion often identified with conservative Christian groups — do not recognize the implications of her alliance with the Christian Right on this issue. This is ironic, since issues of war and peace are not only of greater prominence in the Gospels and are of far more significance theologically than anything about gay marriage or access to abortion, but are usually a stronger indicator of one’s interpretation of faith as applied to social ethics and public policy. The fact that Clinton would reject the consensus of the mainline Protestant or Catholic theologians — that the invasion did not come anywhere close to meeting the just war criteria — and instead embrace the fundamentalists’ position that it somehow did is therefore significant in understanding her worldview.

Her vote also raises concerns regarding her commitment to international law. The United Nations Charter forbids member states from using military force unless they find themselves under direct attack or if it is explicitly authorized by the UN Security Council. (Customary international law allows for pre-emptive war, but only in cases of an imminent threat, such as troops massing along the border or missiles preparing to be launched.)

Clinton, however — despite being a graduate of one of the top law schools in the country — insisted that the U.S. invasion was somehow “lawful” even though the war failed to get UN authorization and Iraq did not constitute any threat to the national security of the United States.

Her supporters have defended her vote on the grounds that she had been provided intelligence data that convinced her that Iraq had “weapons of mass destruction.” However, even if that had been the case, the consequences of the war would have been no better. It would have still been illegal. And such weapons would have likely been used against U.S. soldiers, dramatically increasing U.S. casualties.

Furthermore, virtually all the alleged intelligence data made available to Congress has since been declassified and most strategic analysts have found it to have been transparently weak, based primarily on hearsay by Iraqi exiles of dubious credibility and conjecture by ideologically-driven Bush administration officials. It also raises the question why Clinton ignored the plethora of information provided by UN inspectors, reports by independent strategic analysts, and articles in reputable arms control journals that challenged the administration’s fabricated claims she so willingly embraced.

She was also the only Democratic senator to make the absurd claim — which had been repeatedly challenged by scholars, diplomats, and other observers — that the secular Baathist regime of Saddam Hussein was supporting the Salafist Islamist Al-Qaeda movement.

This raises concerns that, as president, she might again be willing to blindly accept similarly inaccurate and alarmist intelligence claims over more sober strategic analysis in making decisions on whether to go to war.

More troubling, roughly 30 countries (including the United States) really do have chemical or biological weapons and/or nuclear programs with weapons potential, thereby raising the question as to how many of these countries Clinton, as president, would be willing to invade as well.

Regardless, it appears that Hussein’s alleged possession of “weapons of mass destruction” and ties to Al-Qaeda were not the determining factors in her decision to support the war authorization. Indeed, many months after the U.S. invasion and the Bush administration’s acknowledgement that Iraq had neither any WMDs nor any ties to Al-Qaeda, she declared in a speech at George Washington University, “I was one who supported giving President Bush the authority, if necessary, to use force against Saddam Hussein. I believe that that was the right vote” and it was one that “I stand by.”

Indeed, she did not express any regret for her vote until just prior to candidacy for the 2008 Democratic presidential nomination, after public opinion had swung decidedly against the war. She has yet to formally apologize.

Not only could Clinton’s support for the Iraq War undermine her prospects for the 2016 presidential nomination, should she become the nominee, it could threaten her chances that November. The Republicans will likely make as a key argument during the fall campaign, that Bush had effectively won the Iraq war in 2008 but the Obama administration recklessly withdrew U.S. troops, resulting in the rise of ISIS, a major threat to our national security. While there are a number of ways this line of attack can be refuted, by far the most important one is that the U.S. should have never invaded Iraq in the first place.

Clinton, as a supporter of the invasion, will be unable to make this argument.

The Troubling Implications of Hillary’s Anti-BDS Letter

On July 2, former secretary of state and frontrunner for the Democratic presidential nomination Hillary Clinton wrote a letter to Israeli-American billionaire Haim Saban, a strong supporter of the right-wing Netanyahu government, denouncing human rights activists who support boycott/divestment/sanctions (BDS) against the Israeli occupation.

In the letter, made public a few days later, Clinton made a number of statements which are not only demonstrably false but raise serious concerns regarding what kind of policies she would pursue as president.

She claimed that the BDS movement was working to “malign and undermine Israel and the Jewish people.” Though some BDS activists target Israel as a whole, most efforts on college campuses and elsewhere focus solely on the Israeli occupation, particularly companies that profit from that occupation and support illegal Israeli settlements in the West Bank. In any case, the BDS campaign does not “malign and undermine” Jews. This cynical effort to depict the movement as anti-Semitic could be an indication of the kind of rhetoric she would use as president to discredit human rights activists who challenge her policies elsewhere.

Clinton claims in the letter that initiatives through the United Nations critical of Israeli violations of international humanitarian law are inherently “anti-Israel,” thereby implying that those who raise concerns about a given country’s human rights record do so not because of a desire to uphold universally recognized ethical and legal principles, but because of an ideological bias against a particular country. Although some UN agencies have disproportionately targeted Israel for criticism, the vast majority of such reports and resolutions have been consistent with findings and concerns raised by reputable international human rights organizations (such as Amnesty International and Human Rights Watch) and Israeli groups (such as the B’tselem human rights group and the veterans’ organization Breaking the Silence.)

Clinton further argues that it is illegitimate to use sanctions to “dictate” that an occupying power should end its illegal colonization of occupied territory and withdraw to within its internationally recognized boundaries in accordance with UN resolutions and international law. Indeed, she rejects any kind of “outside or unilateral actions” against such flagrant violations of international legal norms. Instead, she insists that resolution to such conflicts be based solely on negotiations between an occupying power and those under occupation regardless of the gross asymmetry in power between the two parties and a series of UN Security Council resolutions, rulings of the International Court of Justice, and longstanding international legal principles that recognize the illegitimacy of any country expanding its borders by force and moving settlers into occupied territory.

Clinton’s lack of concern for international law is also evidenced in her reference to the predominantly Palestinian Old City of Jerusalem as being part of Israel, even though it was seized by Israeli forces in the 1967 war and is recognized by the UN and the international community as being under foreign belligerent occupation.

She also proudly references her condemnation of the 2009 report by the UN Human Rights Council—headed by the distinguished South African jurist Richard Goldstone (a Zionist Jew)—which documented war crimes by both Israel and Hamas. In the letter, she implies that the report denied Israel’s right to self-defense, when it in fact explicitly recognized Israel’s right to do so. The report’s only objections to Israeli conduct were in regard to attacks on civilian targets, not its military actions against extremist militias lobbing rockets into Israel. The implication, therefore, is that Hillary Clinton believes killing civilians can constitute legitimate self-defense.

Her reference to Israel as “a vibrant democracy in a region dominated by autocracy”—while certainly true on a number of levels—ignores Israel’s denial of democratic rights to Palestinians under occupation. Furthermore, it ignores her history as a senator and secretary of state of backing Arab dictatorships in the face of pro-democracy struggles by their own peoples, which has contributed to the predominance of autocratic rule in the Middle East.

In the letter, she also reiterates the romantic Western myth that Israel is “a vibrant bloom in the middle of the desert.” Although Israelis are certainly responsible for impressive advances in irrigation technology in the Negev region and elsewhere, it ignores centuries of agriculture and urban settlement in what is now Palestine, Lebanon, and the western parts of Jordan and Syria, long known as the “Fertile Crescent.” Indeed, Israel originally seized much of its fertile lands by force from Palestinian farmers.

There are other troubling aspects of the two-page letter as well: She boasts about her efforts to block UN recognition of Palestinian statehood. She pledges to work with Republicans to fight BDS activists, who are mostly registered Democrats. She links anti-Zionism with anti-Semitism and the terrorist attacks against Jews in France. In addition, by denouncing BDS because it “singles out Israel,” she is implying that any human rights group that focuses on one country (i.e., Tibet, Burma, Western Sahara, Syria, or Iran) is thereby illegitimate.

Finally, her pledge to “defend Israel at every turn” and that as president she will “always stand up for Israel” is particularly troubling, given her propensity to equate “Israel” with the policies of its right-wing government.

Taken altogether, this letter raises very troubling questions regarding the kind of president Hillary Clinton would be, not just in regard to Israel and Palestine, but in relation to human rights and international law overall and her reaction to those who support such principles.

The Democrats and the Wasserman Schultz problem

As chair of the Democratic National Committee since 2011, Florida congresswoman Debbie Wasserman Schultz is the public face of the Democratic Party. Elected by over 300 Democratic leaders from across the country, she represents the party on talk shows and serves as a major fundraiser and influential strategist. Her leadership has engendered controversy, however, as a result of questions about her integrity and her advocacy of positions placing her well to the right of most of her fellow Democrats.
Wasserman Schultz is one of the 46 current House members of the New Democratic Coalition, representing the party’s more conservative “pro-business” wing. She is also one of the more hawkish Democrats in Congress at a time when most of the party, particularly younger voters, are becoming increasingly concerned with neoliberal trade policies, foreign military intervention, and support for human rights violators.

She was one of 28 Democratic members of the House to vote for the fast-track bill to advance the controversial Pacific Trade Partnership and one of 66 Democrats to oppose the application of the War Powers Resolution to the escalating U.S. military involvement in Iraq and Syria.

She has attacked President Barack Obama for his recent rapprochement with Cuba, offending many by comparing the state of human rights in that country with the Nazi Holocaust. Not only has she opposed a lessening of sanctions (she even objected to lifting President George W. Bush’s ban on family visits that prevented Cuban-Americans from seeing dying parents), she helped block the testing and marketing of a promising diabetes treatment developed in Cuba.

Though the DNC chair’s primary role is to help elect Democratic candidates across the country, she has refused requests for support from Democrats in neighboring U.S. House districts running against right-wing Cuban-American Republicans.

She has also been a strong advocate of bombing both the Syrian government and Syrian rebels, of supporting India’s controversial nuclear program in violation of international non-proliferation agreements, and cutting all U.S. funding for the United Nations in retaliation for documenting Israeli war crimes. In the face of the Obama administration and increasing numbers of congressional Democrats opposing the Republicans’ unconditional support for controversial policies by Israel’s right-wing government, Wasserman Schultz has repeatedly sided with the GOP, insisting that there should “never be daylight between the two parties” regarding Israel.

Her outspoken opposition to a modest medical marijuana proposition on the Florida ballot also alienated many Democrats. The controversy worsened when a leading Democratic funder of the proposition released emails from her office where she offered to switch sides and support the proposition if he’d stop criticizing her.

Wasserman Schultz has also made a reputation of using her position to push her political views in areas unrelated to her official duties. When the Susan G. Komen Foundation decided to no longer provide grants to Planned Parenthood, Wasserman Schultz made a call to Komen founder Nancy Brinker, who described it as “extremely ugly in its tone,” scolding her for hiring Karen Handel, an opponent of abortion, as a vice president of the charity. The foundation’s decision to deny Planned Parenthood funding for cancer screening was controversial even among some pro-life advocates and was eventually reversed, but those on both sides of the abortion debate found it disturbing that a sitting member of Congress and DNC chair would call a foundation head in a manner that she found “overbearing, if not threatening” on the assumption she had the right to tell a private organization whom they should hire and who should get its grants.

Wasserman Schultz’s obliviousness reached new heights following the ruckus that erupted regarding a proposed amendment to the 2012 Democratic Party platform stating that Jerusalem “is and will remain the capital of Israel” and should be “undivided.” Such a position runs directly counter to longstanding U.S. policy that the status of Jerusalem should be decided through negotiations between Israel and Palestine, both of whom desire Jerusalem as their capital, and polls showed that Democrats by a nearly 2-to-1 margin believe that Jerusalem should be divided between Israelis and Palestinians rather than controlled exclusively by Israel. In three successive tries on a voice vote to get the requisite two-thirds majority for passage, the amendment failed to get even a simple majority, yet convention chair and Los Angeles mayor Antonio Villaraigosa declared on the final attempt that it nevertheless had passed. Mayhem erupted as angry delegates tried to shout down the chair for abusing his power; some walked out in protest.

When Wasserman Schultz was interviewed about this clear violation of procedure and the resulting maelstrom in what had until then been a unified convention, she insisted — despite repeated video clips showing otherwise — that the vote was “absolutely two-thirds” and that “there wasn’t any discord.” Afterward, CNN’s Anderson Cooper observed that she must live in an “alternate universe” and that “to say flat-out there was no discord is just not true.”

Indeed, she is not one to let facts get in the way of her opinions. Despite eyewitness accounts and an autopsy report from a 2010 incident in which Israeli forces had killed five unarmed people, including a 19-year-old U.S. citizen, execution-style at close range in the back of the head, Wasserman Schultz insisted the Israelis “only used force when soldiers’ lives were at risk.” Similarly, when a series of well-documented reports from reputable Israeli and international human rights groups brought forward evidence of apparent war crimes by Israeli forces in Gaza, resulting in the deaths of hundreds of children, she insisted the Israeli attacks were instead exclusively focused on terrorist targets and that Israel “went to extraordinary lengths to target only terrorist actors.”

There have also been concerns raised at her demanding the DNC pay for her wardrobe at the Democratic Convention, the president’s inaugural, and White House Correspondent’s dinner as well as her using DNC donors to solicit contributions for her own Political Action Committee and using DNC staff to advance her own political agenda. Politico has reported that the White House has “lost confidence in her as both a unifying leader and reliable party spokesperson” and was considering replacing her with DNC vice chair and former Minneapolis mayor R.T. Rybak, but other media reports said Wasserman Schultz threatened to paint Obama as anti-woman and anti-Semitic if he attempted to replace her.

All this raises questions as to why the Democratic Party would keep someone like that as the DNC chair.

Hillary Clinton, phosphates, and the Western Sahara

For more than a half-century, a series of United Nations resolutions and rulings by the International Court of Justice have underscored the rights of inhabitants of countries under colonial rule or foreign military occupation. Among these is the right to “freely dispose of their natural wealth and resources,” which “must be based on the principles of equality and of the right of peoples and nations to self-determination.”
As far back as 1962, the United Nations determined that “the right of peoples and nations to permanent sovereignty over their natural wealth and resources must be exercised in the interest of their national development and of the well-being of the people of the State concerned,” and “violation of the rights of peoples and nations to sovereignty over their natural wealth and resources is contrary to the spirit and principles of the Charter of the United Nations.” This reflects the longstanding legal principle, reiterated subsequently by the General Assembly, that “the right of the peoples of the Non-Self-Governing Territories … to enjoyment of their natural resources and their right to dispose of those resources in their best interest.”

Similarly, a series of decisions by the International Court of Justice regarding Namibia, Nauru, East Timor and Palestine has further codified the rights of non-self-governing people to control over their own natural resources.

Perhaps the most serious contemporary violation of this longstanding international legal principle involves the nation of Western Sahara, the former Spanish colony invaded, occupied, and annexed by Morocco in 1975. Morocco has ignored a series of U.N. Security Council resolutions and a landmark World Court decision underscoring the right of the Western Saharan people — who are ethnically and linguistically distinct from most Moroccans — to self-determination. However, France and the United States, veto-wielding permanent members of that body and longstanding allies of Morocco, have blocked the United Nations from enforcing its resolutions.

The Moroccan government and its supporters point to the kingdom’s ambitious large-scale development projects in Western Sahara, particularly in urban areas. More than $2.5 billion has been poured into the territory’s infrastructure, significantly more than Morocco has procured from Western Sahara’s natural resources and more than they would likely obtain in the foreseeable future. For this reason, the regime’s supporters argue that they have fulfilled the requirements regarding interests, well-being, and development needs of the indigenous population.

However, most of the infrastructure development in the occupied territory has not been designed to enhance the standard of living of the Western Saharan people, but has instead involved the elaborate internal security system of military bases, police facilities, prisons, surveillance, and related repressive apparatuses; housing construction, subsidies, and other support for Moroccan settlers; and airport, seaport, and other transportation facilities designed to accelerate resource extraction. More fundamentally, the decisions on how to use the proceeds from the mines and fisheries are being made by the Moroccan government in the capital of Rabat, not by the subjugated population.

In 2002, then U.N. Under-Secretary-General for Legal Affairs Hans Corell determined that the exploitation of natural resources in Western Sahara is a “violation of the international law principles applicable to mineral resource activities in Non-Self-Governing Territories.”

Unfortunately, this did not stop mining companies, oil companies, and fishing fleets from Morocco, Europe and the United States from effectively stealing from the people of Western Sahara — or from trying to influence political leaders.

For example, the Office Cherifien des Phosphates (OCP), a Moroccan government-owned mining company that controls one of the world’s largest phosphate mines in the occupied Western Sahara, is the primary donor to the Clinton Global Initiative conference last week in Marrakech. This and other support provided to the Clinton Foundation by OCP — now totaling as much as $5 million — has raised some eyebrows, given Hillary Clinton’s efforts as secretary of state to push the Obama administration to recognize Morocco’s illegal annexation of the territory through a dubious “autonomy” plan promoted by King Mohammed VI that would deny the people of Western Sahara the option of independence as international law requires.

About five years ago, opposition from Michael Posner, then assistant secretary of state for democracy and human rights, along with some key Democratic senators and members of the National Security Council convinced the White House to instead encourage further U.N.-led negotiations between Morocco and the Western Saharan government-in-exile, known as the Sahrawi Arab Democratic Republic (SADR.) The SADR has been recognized by scores of governments and is a full member state of the African Union, whose Peace and Security Council has called for a “global boycott of products of companies involved in the illegal exploitation of the natural resources of Western Sahara.”

Since leaving office, Hillary Clinton — now the leading candidate for the Democratic presidential nomination — has continued her outspoken support for the autocratic monarchy. When she announced the Marrakesh meeting last fall, she praised Morocco as a “vital hub for economic and cultural exchange,” thanking the regime “for welcoming us and for its hospitality.” A number of key supporters, such as attorney Justin Gray and former Congressman Toby Moffett, are registered lobbyists for the Moroccan regime.

This has not gone unnoticed on Capitol Hill. “You’ve heard of blood diamonds, but in many ways you could say that OCP is shipping blood phosphate,” Rep. Joe Pitts, R-Pa., said. “Western Sahara was taken over by Morocco to exploit its resources and this is one of the principal companies involved in that effort.”

Pitts and New Jersey Rep. Chris Smith, chair of the Human Rights Subcommittee of the House Committee on Foreign Affairs, sent a letter to the Clinton Foundation, saying, “Out of respect for internationally recognized human rights norms, the Clinton Global Initiative should discontinue its coordination with OCP and return any accepted money from the enterprise.” The foundation did not respond.

As an attorney well-versed in international affairs, Clinton is no doubt aware of the legal and moral issues regarding the Moroccan occupation of Western Sahara and the seeming impropriety of her foundation accepting money from a government-owned company illegally exploiting the natural resources of a non-self-governing territory.

That she is willing to do so anyway raises some troubling questions.

The contrasting fates of Tunisia and Libya

The people of Libya and Tunisia both overthrew long-standing dictatorships in popular uprisings in 2011. Four years later, however, the current political situation in these two neighboring North African states could not be more different. The reason has much to do with how their authoritarian regimes were overthrown.
In January 2011, a popular unarmed insurrection in Tunisia that began the previous month ousted the long-ruling Western-backed dictatorship of Zine El Abidine Ben Ali. Elections that October brought together a broad coalition government led by an Islamist party. During the next two years, concerns over their conservative policies and their failure to suppress occasional acts of extremist violence led to large-scale protests, resulting in the resignation of the prime minister in December 2013 and the installation of a technocratic government.

A democratic constitution ratified in January 2014 included provisions guaranteeing freedom of speech, freedom of religion, gender equality, and protection of the country’s natural resources.

Free competitive elections in the fall of 2014 brought to power a center-left coalition led by secularists, trade unionists and liberals. Despite the horrific attack at the national museum by terrorists of the self-proclaimed Islamic State group in March, Tunisia has emerged as the most democratic and one of the most stable countries in North Africa and the Arab world.

Contrast this with Libya, where — unlike the unarmed insurrection that paved the way to democracy in Tunisia — the dictator Moammar Gadhafi was overthrown in August 2011 by a Western-backed armed insurrection, the culmination of six months of bloody civil war.

Like Tunisia, free elections were held several months after the dictator’s ouster, though unlike Tunisia’s initial Islamist victors, Libyan voters opted for a coalition led by secular moderates. Unfortunately, the new government was unable to exert its power in the face of more than 200,000 armed militiamen, many of whom proclaimed themselves as “guardians of the revolution,” in a country with a population of barely 6 million. It was not long before these armed groups effectively controlled the country’s major cities, with increasing armed clashes between rival militias as well as widespread revenge killings and armed robberies.

Some of these armed groups have engaged in massacres and mass incarceration of alleged supporters of the old regime. In addition to Gadhafi himself, hundreds of suspected supporters of the former government have been summarily executed. Black Libyans and other black Africans living in the country have been targeted in particular, with hundreds killed and thousands driven from their homes.

A radical Islamist group attacked the U.S. consulate in Benghazi in September 2012, killing the U.S. ambassador and three other Americans. Salafi extremists have attacked and destroyed Sufi schools, mosques and holy sites. By 2013, the Libyan Ministry of the Interior reported that the murder rate was five times what it had been prior to the uprising, and armed robberies had increased by almost as much.

Militia groups have engaged in a series of kidnappings of government officials and their family members, even the prime minister and other Cabinet officers. Heavily armed militia groups were able to surround the parliament to force the passage of legislation despite a minority of support.

While seculars and liberals did well in the June 2014 elections, the newly elected government was driven from the capital of Tripoli. Within months, the hard-line Islamist group Ansar al-Sharia had seized all or parts of several Libyan cities, declaring the establishment of an “emirate.” In August 2014, Tripoli’s international airport fell to Islamist forces following a 10-day battle.

Most foreigners have now left, and there is now virtually no foreign diplomatic presence in the country. The deteriorating security situation has led to air strikes by Egypt and the United Arab Emirates, but tribal militias and Islamist extremists — including forces aligned with the Islamic State group — now control most of the country.

In certain respects, Libya’s deterioration from an authoritarian but relatively stable country to that of a failed state is not surprising.

Social scientists have observed that in nearly 90 percent of cases where dictatorships have been overthrown through armed struggle, the countries have either become new dictatorships or, like Libya, have ended up spiraling into ongoing violence and instability.

This comes in large part because armed struggle often promotes the ethos of a secret elite vanguard and a strict military hierarchy. Like any military organization, armed liberation movements are organized on an authoritarian model based upon martial values and an ability to impose their will through force. It is no accident that many guerrilla commanders, when they become civilian leaders of a new government, continue to lead in a similar autocratic manner or, even if not formally in power, seek to exert their influence through military means.

By contrast, the majority of dictatorships brought down by largely nonviolent struggles, as with the case of Tunisia, usually evolve into stable democracies within a few years. For mass nonviolent action to emerge victorious, pro-democracy activists need to develop a broad coalition from civil society. Unlike violent movements, such unarmed civil insurrections cannot succeed without the support of the majority of the population.

There has to be give and take within such a movement to mobilize the broad constituency necessary to wage a collective struggle on such a magnitude. Building that kind of support requires utilizing a pluralistic model of organization that could serve as a basis of more democratic and representative governance.

This is the major reason the Tunisians were able to establish a stable democracy on their own while the Libyans, despite military intervention on their behalf by foreign democratic nations, could not.

Many conscientious people in the United States and Europe, concerned over the violent repression by Gadhafi’s forces in 2011, backed the shift from the initial nonviolent resistance in Libya to an armed struggle and supported the NATO intervention as a legitimate application of the so-called “responsibility to protect.” However, in weighing the factors as to whether such humanitarian intervention is morally defensible, it is important to also consider the consequences of what might follow.

How the U.S. Contributed to Yemen’s Crisis

As a Saudi-led military coalition continues to pound rebel targets in Yemen, the country is plunging into a humanitarian crisis. Civilian casualties are mounting.

With U.S. logistical support, the Saudis are attempting to re-instate the country’s exiled government — which enjoys the backing of the West and the Sunni Gulf monarchies — in the face of a military offensive by Houthi rebels from northern Yemen.

None of this had to be.

Not long ago — at the height of the Arab Spring in 2011 — a broad-based, nonviolent, pro-democracy movement in Yemen rose up against the U.S.-backed government of dictator Ali Abdullah Saleh. If Washington and Saudi Arabia had allowed this coalition to come to power, the tragic events unfolding in Yemen could have been prevented.

The movement had forged an impressive degree of unity among the various tribal, regional, sectarian, and ideological groups that took part in the pro-democracy protests, which included mass marches, sit-ins, and many other forms of nonviolent civil resistance. Leaders of prominent tribal coalitions — as well as the Houthis now rebelling against the government — publicly supported the popular insurrection, prompting waves of tribesmen to leave their guns at home and head to the capital to take part in the movement.

These tribesmen, along with the hundreds of thousands of city dwellers on the streets, were encouraged to maintain nonviolent discipline, even in the face of government snipers and other provocations that led to the deaths of hundreds of unarmed protesters.

The Obama administration, however, was more concerned about maintaining stability in the face of growing Al-Qaeda influence in rural areas. Secretary of Defense Robert Gates acknowledged that Washington had not planned for an era without Saleh, who had ruled the country for more than three and a half decades. As one former ambassador to Yemen put it in March 2011, “For right now, he’s our guy.”

“That’s How It Is”

Though the pro-democracy movement largely maintained a remarkably rigorous nonviolent discipline in its protests, some opposition tribes and rebel army officers added an armed component to the resistance movement. An assassination attempt against Saleh that June forced the severely wounded president to leave for Saudi Arabia for extended medical treatments.

John Brennan, Obama’s chief counterterrorism adviser and future CIA director, visited Saleh in a Saudi hospital in July and encouraged him to sign a deal transferring power. Not only was the mission unsuccessful in convincing Saleh to resign, however, the regime — in a continuation of its efforts to use Saleh’s close relationship with the United States to reinforce his standing — broadcast images of the surprisingly healthy-looking president and emphasized his statesmanlike demeanor in meeting with a top U.S. official as a signal of continued U.S. support for the regime.

As the pro-democracy struggle tried desperately to keep the movement nonviolent in the aftermath of the assassination attempt and a growing armed rebellion, the United States escalated its own violence by launching unprecedented air strikes in Yemen, ostensibly targeting Al-Qaeda cells. The Pentagon acknowledged, however, that Al-Qaeda operatives often intermingled with other anti-government rebels.

Indeed, U.S. policy allowed the CIA to target individuals for drone strikes without verifying their identity, resulting in some armed Yemeni tribes and others allied with pro-democracy forces apparently being attacked under the mistaken impression they were al-Qaeda. This scenario was made all the more likely by U.S. reliance on the Yemeni regime for much of its intelligence in determining targets. Complicating the situation still further during this critical period of ongoing protests, teams of U.S. military and intelligence operatives were continuing to operate out of a command post in the Yemeni capital.

It’s entirely possible, then, that the Yemeni government may have used the pretext of al-Qaeda to convince the U.S. government to take out its rivals.

U.S. officials insisted that the violence between the pro- and anti-regime elements of the Yemeni armed forces did not involve U.S.-trained Yemeni special operations forces, and Brennan initially maintained that the unrest had not affected U.S.-Yemeni security cooperation. By the end of the year, however, he acknowledged that the “political tumult” had led these U.S.-trained units “to be focused on their positioning for internal political purposes as opposed to doing all they can against AQAP.”

That meant that Yemeni forces trained by the United States for the purpose of fight al-Qaeda were instead directly participating in the squelching of a democratic uprising. “Rather than fighting AQAP,” an exposé in The Nation noted, “these U.S.-backed units — created and funded with the explicit intent to be used only for counterterrorism operations — redeployed to Sanaa to protect the collapsing regime from its own people.”

According to the well-connected Yemeni political analyst Abdul Ghani al-Iryani, these U.S.-backed units exist “mostly for the defense of the regime.” For example, rather than fighting a key battle against Al-Qaida forces in Abyan, al-Iryani told reporter Jeremy Scahill, “They are still here [in Sanaa], protecting the palace. That’s how it is.”

“Keeping Enough of the Regime Intact”

At the end of July 2011, despite the ongoing repression of pro-democracy forces, a congressional committee approved more than $120 million in aid to the Yemeni government, primarily in military and related security assistance. The aid was conditional on the State Department certifying that the Yemeni government was cooperating sufficiently in fighting terrorism, but there were no conditions regarding democracy or human rights.

As the repression increased, U.S. officials praised the Yemeni regime’s cooperation with U.S.-led war efforts, with Brennan declaring in September, “I can say today the counterterrorism cooperation with Yemen is better than it’s been during my whole tenure.”

Meanwhile, the United States and Saudi Arabia, joined by the other monarchies of the Gulf Cooperation Council (GCC), presented a plan whereby Saleh would step down. According to the deal, he and other top officials in the regime would be granted immunity from prosecution, and a plebiscite would be held within 60 days to ratify the transfer of power to Saleh’s vice-president, Major General Abd Rabbuh Mansur Hadi.

Pro-democracy protesters largely rejected this U.S.-Saudi mandate for Hadi. It soon became apparent that despite occasional calls for Saleh to step down — such as U.S. ambassador to the United Nations Susan Rice’s strong statement in early August — the Obama administration was deferring to its autocratic GCC allies on the peninsula to oversee a political transition.

In mid-August, opposition activists formed a National Council, which they hoped would form a provisional government until multiparty elections could be held. It consisted of 143 members representing a broad coalition of protest leaders, tribal sheiks, South Yemen separatists, opposition military commanders, former members of the governing party, and the Houthi militia representing the Zaydi minority in the north.

The Saudis and the U.S. government, however, kept pushing for Saleh to transfer power to his vice president. Supporters of the National Council denounced these foreign efforts as “only a plot to foil the revolution.”

Following a meeting with Hadi in September, U.S. Assistant Secretary of State for Near Eastern Affairs Jeffrey Feltman said, “We continue to believe that an immediate, peaceful, and orderly transition is in the best interest of the Yemeni people. …We urge all sides to engage in dialogue that peacefully moves Yemen forward.” Pro-democracy protesters pushed ahead in their campaign of civil resistance, insisting that the National Council representing a broad array Yemenis not be circumvented.

Shortly thereafter, government security forces fired into crowds during a massive pro-democracy protest in Sanaa. Dozens of protesters were killed and hundreds more wounded.

The U.S. embassy, however, appeared to blame both sides for the killings, saying the United States “regrets the deaths and injuries of many people” and calling “upon all parties to exercise restraint. In particular, we call on the parties to refrain from actions that provoke further violence.” Similarly, U.S. ambassador Gerald Feierstein criticized a peaceful pro-democracy march from Taiz to Sanaa in December as “provocative.”

Soon afterwards, 13 more pro-democracy demonstrators were killed by government security forces, leading many activists to accuse the ambassador of preemptively giving Saleh permission to shoot civilians. Time magazine, summarizing the view of pro-democracy activists, noted, “The early intercession of foreign powers with a transition plan distracted attention from popular demands, they say, and allowed the president to cite ongoing talks in delaying his resignation. Many Yemenis believe the key interest guiding the U.S. has been keeping enough of the regime intact to combat al-Qaeda, and that this has distorted the outcome.”

“This Revolution Has Been Stabbed in the Back”

Eventually, U.S. officials bowed to international concerns and put forward a threat of United Nations sanctions against the regime, which finally forced Saleh to formally resign.

In January 2012, the Obama administration allowed Saleh into the United States for medical treatment, rejecting calls for his prosecution. U.S. officials believed that doing so was the best way of finally forcing him to step down as president and finally make a peaceful transition of power possible.

Pro-democracy activists in Yemen were outraged.

Protest leader Tawakkol Karman, who was awarded the Nobel Peace Prize the previous month, called on the United States to “hold Saleh accountable.” She also observed, “There shouldn’t be any place for tyrants in the free world. This is against all international agreements, laws, and covenants. The entry of Ali Saleh into America is an insult to the values of the American people. This was a mistake by the administration, and I am confident he will be met with wide disapproval in America. This will tarnish the reputation of America among all those who support the Arab Spring revolutions.”

Saleh returned to Yemen the following month to oversee the transfer of power to his vice-president and has remained the country ever since. Now, he’s making a bid to retake control, having formed an alliance with his former Houthi adversaries and, with the support of some allied army units, playing a critical role in their rise to power.

This has greatly angered the pro-democracy movement, whose leaders twice petitioned the Obama administration for support but were rejected in favor of negotiations led by the Saudi regime and other autocratic GCC monarchies. This greatly set back the hopes for a genuine democratic revolution and alienated the very liberal youth who would otherwise be the West’s most likely Yemeni allies.

As Francisco Martin-Royal, an expert on counter-radicalization in the region, wrote at that time, “The lack of U.S. support means that these young men and women, who effectively ousted Saleh and continue to call for democratic institutions, have broadly failed to have a voice in the formation of Yemen’s new government or have their legitimate concerns be taken seriously.”

He continued, “Yemen’s pro-democracy activists largely blame the U.S. for failing to live up to its rhetoric — a disillusionment that potentially makes them vulnerable to recruitment by other well-organized forces that are against the existing regime, namely extremist groups like AQAP and separatist movements. From their perspective, the only real changes in Yemen — the establishment of a semi-autonomous region by the Houthis and the propagation of sharia law in various cities in southern Yemen by Ansar al-Sharia — have come through violence.”

U.S. Ambassador Feierstein kept pushing the vague idea of a “national dialogue” among elites and criticized ongoing protests within the government institutions, particularly military units, on the grounds that “the problems have to be resolved through this process of dialogue and negotiations.” By contrast, he castigated the pro-democracy activists, saying “We’ve also been clear in saying we don’t believe that the demonstrations are the place where Yemen’s problems will be solved.”

In February 2012, President Obama publicly endorsed Hadi, claiming — despite Hadi’s service as vice-president in a repressive regime and his distinction as the only candidate in the subsequent plebiscite — that his subsequent election was “a model for how peaceful transition in the Middle East can occur.”

The pro-democracy movement thus largely gave up on the United States, with prominent young pro-democracy activist Khaled al-Anesi fuming, “This revolution has been stabbed in the back.”

What Could Have Been?

This marginalization of Yemeni civil society — which had struggled for so many months nonviolently for democracy — and Washington’s failure to accept the broad-based National Council to head an interim government created the conditions that led to the dramatic resurgence of the armed Houthi uprising, which until last year had only operated in the Zaydi heartland in the far northern part of the country.

The Houthis were helped along by the Hadi government’s lack of credibility, ongoing corruption and ineptitude at all levels of government, a mass resignation of Yemen’s cabinet, and controversial proposals for constitutional change. They also received support from armed groups allied with the former Saleh dictatorship, which enabled the Houthis — who represent only a minority of Yemenis — to nevertheless emerge as the most powerful force in Yemen. They surprised the world by seizing the capital of Sanaa in August, consolidating power in January, and subsequently expanding southward.

Most Yemenis strongly oppose the Houthi militia and, in Taiz and other parts of the country, have challenged their armed advance through massive civil resistance and other nonviolent means. Yet the Houthis have actually expanded their areas of control in some key regions, even where they’ve faced armed resistance and Saudi air strikes.

It would be much too simplistic to blame the current crisis in Yemen entirely on the United States. However, one still has to wonder: If instead of allying with Saudi autocrats to install another strongman in the name of stability, Washington had supported that country’s nonviolent pro-democracy movement, what might have been?

Obama administration undermines UN disarmament efforts

Though the United States may have taken the lead in the international diplomatic initiative against Iran’s nuclear program, the Obama administration has also taken the lead in undermining the United Nations’ efforts to promote nuclear arms control and disarmament elsewhere.

In a series of moves that received very little media attention in this country, the United Nations General Assembly in December adopted 57 resolutions recommended by the U.N.’s Disarmament and International Security Committee. However, the United States, more than any other member state of the 193-member body, cast votes in opposition to many of these modest efforts.

Unlike resolutions adopted by the U.N. Security Council, resolutions of the General Assembly are nonbinding. At the same time, they are a strong indication of world opinion on key international issues. The Obama administration, therefore, has put itself on record that the U.S. is an outlier in the global consensus on the need to take stronger action against the nuclear threat.

For example, the U.S. was one of only seven countries to vote against a resolution calling for accelerating the implementation and monitoring of nuclear disarmament commitments and was one of only three countries to vote against a paragraph in the resolution emphasizing the importance of a successful review conference for the Nuclear Nonproliferation Treaty (NPT) later this year.

In a resolution stressing the fundamental role of the NPT in achieving nuclear disarmament and nonproliferation and urging India, Israel and Pakistan to accede to it as non-nuclear-weapon states, the U.S. was the only country other than these three last NPT holdouts to vote against it. The U.S. was also the only country to join these three countries in voting against the call for them to place their nuclear facilities under International Atomic Energy Agency safeguards.

While the U.S. is willing to impose strict sanctions against Iran simply for having the potential of converting its thus-far peaceful nuclear energy program into a weapons program, the Obama administration is simultaneously willing to defend allied nations that — unlike Iran — have refused to sign the NPT and have already developed nuclear weapons. Indeed, the U.S. provides nuclear-capable jet fighters to all three countries, and President Barack Obama recently signed an expanded nuclear cooperation agreement with India.

Notwithstanding the end of the Cold War, both Russia and the U.S. still have several thousand nuclear weapons on high alert, which has long concerned those aware that the threat of a cataclysmic nuclear exchange is still with us. Unfortunately, the U.S. was one of only four countries to vote against a resolution calling on nuclear-armed countries to decrease the operational readiness of those systems. The Obama administration also placed the U.S. on record as the only country in the world to vote against a paragraph in that resolution encouraging nuclear-armed states to “promptly engage and consider the interests of non-nuclear-weapon States in further reducing the operational status of nuclear weapons systems.”

In addition, the U.S. was one of only four countries to vote against a resolution calling for measures to prevent the placement of nuclear weapons in outer space. The U.S. was also one of only four countries opposing a resolution calling for the establishment of a nuclear-free weapons zone in the southern hemisphere and for states with nuclear weapons to withdraw any reservations or interpretive declarations contrary to those treaties. And the Obama administration also placed the U.S. on record as one of only five countries to vote against a resolution calling on “Member States, international organizations and civil society to continue to enrich discussions on how to take forward multilateral nuclear disarmament negations in the relevant United Nations bodies.”

It has been more than 30 years since the pastoral letter on war and peace from the National Conference of Catholic Bishops put the church on record recognizing the immorality of nuclear weapons and the urgency of nuclear disarmament. The end of the Cold War less than a decade later gave hope that this was an achievable goal. Even traditional Cold Warriors like former secretaries of state Henry Kissinger and George Schultz have now gone on record recognizing the imperative of nuclear disarmament.

Despite being an unrivaled superpower with conventional military capabilities more powerful than the rest of the world combined, the U.S. still insists on undermining efforts to control and eliminate nuclear weapons.

The Obama administration’s obstructionism is broader than that, however. U.S. opposition to efforts by the U.N.’s Disarmament and International Security Committee went beyond their efforts at nuclear arms control. For example, the U.S. cast one of only four negative votes against a resolution that called for providing assistance to countries affected by the use of ammunition containing depleted uranium, including identifying and managing contaminated sites and material.

And the U.S. was one of only two countries to vote against a resolution calling for a prohibition of the development and manufacture of new types of weapons of mass destruction and new systems for such weapons.

While the attention of the mainstream media, Congress and the American public continues to focus on Iran and whether the Obama administration was being tough enough in its negotiations with the Islamic State group, there has been virtually no attention to our own government’s far more dangerous diplomatic efforts to undermine multilateral initiatives promoting nonproliferation, arms control, and disarmament. Not only does the U.S. have by far the world’s largest nuclear arsenal, but the U.S. is the only country to have actually used nuclear weapons against another nation, crimes most American politicians still defend to this day.

As Americans, therefore, we have a particular obligation to challenge our government’s dangerous nuclear policies. The stakes couldn’t be higher.