Overview

The Issues

Whoever wins the 2012 presidential race will shape U.S. policy on a number of pressing international legal issues, including:

• the intersection of the Geneva Conventions and counter-terror operations;
• international trade and the World Trade Organization;
• efforts to regulate climate change; and
• the continued viability of the nuclear non-proliferation regime and regulation of weapons of mass destruction.

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The Project

International Law 2012 features a collection of the candidates' policy statements and speeches on topics related to international law. It includes ASIL co-sponsorship of a September 2012 conference at Case Western University School of Law on "Presidential Power, Foreign Relations and the Presidential Election," including Panel V, a debate between Romney and Obama foreign policy advisers, moderated by ASIL Executive Director Elizabeth Andersen.



View the webcast of the full discussion here.

Through this initiative, ASIL is proudly continuing its mission to provide information to citizens and policymakers grappling with international law's growing role in public affairs.

ASIL is a non-partisan, non-profit organization and does not endorse political candidates or policy positions.

Barack Obama

President Obama's Public Comments:

National Security/ Counterterrorism /Drones

"I have made it clear to Afghanistan's neighbor- Pakistan- that it can and should be an equal partner in this process in a way that respects Pakistan's sovereignty, interests, and democratic institutions. In pursuit of a durable peace, America has no designs beyond an end to al Qaeda safe-havens, and respect for Afghan sovereignty.... [O]ur goal is not to build a country in America's image, or to eradicate every vestige of the Taliban. These objectives would require many more years, many more dollars, and many more American lives. Our goal is to destroy al Qaeda, and we are on a path to do exactly that." -President Obama's Speech, Kabul, Afghanistan (May 1, 2012)

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"Yes, in full accordance with the law, and in order to prevent terrorist attacks on the United States and to save American lives, the United States Government conducts targeted strikes against specific al-Qaida terrorists, sometimes using remotely piloted aircraft, often referred to publicly as drones. And I'm here today because President Obama has instructed us to be more open with the American people about these efforts.
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As a matter of international law, the United States is in an armed conflict with al-Qaida, the Taliban, and associated forces, in response to the 9/11 attacks, and we may also use force consistent with our inherent right of national self-defense. There is nothing in international law that bans the use of remotely piloted aircraft for this purpose or that prohibits us from using lethal force against our enemies outside of an active battlefield, at least when the country involved consents or is unable or unwilling to take action against the threat." - Remarks by John O. Brennan, Assistant to the President for Homeland Security and Counterterrorism (Apr. 30, 2012)

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"Waterboarding is torture. It's contrary to America's traditions. It's contrary to our ideals. That's not who we are. That's not how we operate. We don't need it in order to prosecute the war on terrorism. And we did the right thing by ending that practice."  -President Obama's remarks at the 19th Annual Asia-Pacific Economic Cooperation Leader's Summit (Nov. 13, 2011)

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International Trade

"I will go anywhere in the world to open new markets for American products. And I will not stand by when our competitors don't play by the rules. We've brought trade cases against China at nearly twice the rate as the last administration, and it's made a difference. ... Tonight, I'm announcing the creation of a Trade Enforcement Unit that will be charged with investigating unfair trading practices in countries like China. There will be more inspections to prevent counterfeit or unsafe goods from crossing our borders." -State of the Union, Washington D.C. (Jan. 24, 2012)

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"We recently signed export deals with India and China that will support more than 250,000 jobs here in the United States. And we finalized a trade agreement with South Korea that will support at least 70,000 American jobs- a deal that has unprecedented support from business and labor; Democrats and Republicans. That's the kind of deal I'll be looking for as we pursue trade agreements with Panama and Columbia and work to bring Russia into the international trading system." -President Obama's Speech at the Chamber of Commerce (Feb. 7, 2011)

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"In particular, we discussed the need to expand trade and commercial ties between the United States and Russia, which are still far below where they should be. And I emphasized my priority of having Congress repeal Jackson-Vanik, provide permanent trade relations status to Russia so that American businesses can take advantage of the extraordinary opportunities now that Russia is a member of the WTO." -Remarks by President Obama after Bilateral Meeting with President Putin of Russia (June 18, 2012)

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Nuclear Non-Proliferation

"And we will safeguard America's own security against those who threaten our citizens, our friends, and our interests. Look at Iran. Through the power of our diplomacy, a world that was once divided about how to deal with Iran's nuclear program now stands as one. The regime is more isolated than ever before. Its leaders are faced with crippling sanctions. And as long as they shirk their responsibilities, this pressure will not relent. Let there be no doubt: America is determined to prevent Iran from getting a nuclear weapon, and I will take no options off the table to achieve that goal." -State of the Union, Washington D.C. (Jan. 24, 2012)

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"The truth is we went through a period of engagement, because first you have to give it a chance, but secondly it's the only way to create international unity behind any sort of effort to pressure Iran. And that set up the possibility of getting U.N.-sponsored sanctions against Iran with Russia and China on board, and then that set up further action for the E.U. to take steps, for nations to take steps, and the truth is today we have the most serious sanctions ever put in place against any country on the face of the earth, including sanctioning their oil products, their Central Bank, and so forth." -Michele Flournoy, Co-Chair, National Security Advisory Committee, Obama for America, at the Brookings Institute (July 25, 2012)

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"Make no mistake: A nuclear-armed Iran is not a challenge that can be contained. It would threaten the elimination of Israel, the security of Gulf nations, and the stability of the global economy. It risks triggering a nuclear arms race in the region, and the unraveling of the Non-Proliferation Treaty. That's why a coalition of countries is holding the Iranian government accountable. And that's why the United States will do what we must to prevent Iran from obtaining a nuclear weapon. We know from painful experience that the path to security and prosperity does not lie outside the boundaries of international law and respect for human rights. That's why this institution was established from the rubble of conflict; that is why liberty triumphed over tyranny in the Cold War; and that is the lesson of the last two decades as well." -President Barack Obama's address to the U.N. General Assembly (Sept. 25, 2012)

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"A major national security goal of the United States is to ensure that fissile material removed from Russian nuclear weapons pursuant to various arms control and disarmament agreements is dedicated to peaceful uses, subject to transparency measures, and protected from diversion to activities of proliferation concern. As reflected in Executive Order 13085, the full implementation of the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons, dated February 18, 1993, and related contracts and agreements (collectively, the "HEU Agreements") is essential to the attainment of this goal. The HEU Agreements provide for the conversion of approximately 500 metric tons of highly enriched uranium contained in Russian nuclear weapons into low-enriched uranium for use as fuel in commercial nuclear reactors." -President Obama, Executive Order (June 25, 2012)

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"The new START Agreement, another step in arms control that makes the world safer, that keeps the START verification provisions in place, that is a very positive development that had broad bipartisan support in the Congress; cooperation to transit forces and supplies through Russian territory to get to Afghanistan, very important, very important political cooperation on sanctions against Iran. Russia agreed to stop supplying Iran with some of its most sophisticated weaponry, some if its air defenses, and so forth." -Michele Flournoy, Co-Chair, National Security Advisory Committee, Obama for America, at the Brookings Institute (July 25, 2012)

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Climate Change

"Now, as the world's largest economy and as the world's second largest emitter, America bears our responsibility to address climate change, and we intend to meet that responsibility. That's why we've renewed our leadership within international climate change negotiations. That's why we've worked with other nations to phase out fossil fuel subsidies. That's why we've taken bold action at home - by making historic investments in renewable energy; by putting our people to work increasing efficiency in our homes and buildings; and by pursuing comprehensive legislation to transform to a clean energy economy.
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First, all major economies must put forward decisive national actions that will reduce their emissions, and begin to turn the corner on climate change. I'm pleased that many of us have already done so. Almost all the major economies have put forward legitimate targets, significant targets, ambitious targets. And I'm confident that America will fulfill the commitments that we have made: cutting our emissions in the range of 17 percent by 2020, and by more than 80 percent by 2050 in line with final legislation. Second, we must have a mechanism to review whether we are keeping our commitments, and exchange this information in a transparent manner. These measures need not be intrusive, or infringe upon sovereignty. They must, however, ensure that an accord is credible, and that we're living up to our obligations. Without such accountability, any agreement would be empty words on a page."- President Obama's Speech on Climate Change, Copenhagen, Denmark (Dec. 18, 2009)

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Human Rights/ Mass Atrocities

"Just a few days ago, we marked the 150th anniversary of a document that I have hanging in the Oval Office — the Emancipation Proclamation. With the advance of Union forces, it brought a new day — that "all persons held as slaves" would thenceforth be forever free. We wrote that promise into our Constitution. We spent decades struggling to make it real. We joined with other nations, in the Universal Declaration of Human Rights, so that "slavery and the slave trade shall be prohibited in all their forms."
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As President, I directed my administration to step up our efforts — and we have. For the first time, at Hillary's direction, our annual trafficking report now includes the United States, because we can't ask other nations to do what we are not doing ourselves. We've expanded our interagency task force to include more federal partners, including the FBI. The intelligence community is devoting more resources to identifying trafficking networks. We've strengthened protections so that foreign-born workers know their rights.
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Victims must be cared for. So here in the United States, Congress should renew the Trafficking Victims Protection Act. Whether you are a conservative or a liberal, Democrat or Republican, this is a no-brainer. This is something we should all agree on. We need to get that done." -President Obama's Remarks to Clinton Global Initiative (Sept. 25, 2012)

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"We're making sure that the United States government has the structures, the mechanisms to better prevent and respond to mass atrocities. So I created the first-ever White House position dedicated to this task. It's why I created a new Atrocities Prevention Board, to bring together senior officials from across our government to focus on this critical mission. This is not an afterthought. This is not a sideline in our foreign policy. ...Going forward, we'll strengthen our tools across the board, and we'll create new ones. The intelligence community will prepare, for example, the first-ever National Intelligence Estimate on the risk of mass atrocities and genocide. We're going to institutionalize the focus on this issue."
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"I've signed an executive order that authorizes new sanctions against the Syrian government and Iran and those that abet them for using technologies to monitor and track and target citizens for violence. These technologies should not empower -- these technologies should be in place to empower citizens, not to repress them." -Remarks by the President at the United States Holocaust Memorial Museum (Apr. 23, 2012)

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Mitt Romney

Governor Romney's Public Comments:

Foreign Policy

"[In] our opinion—as Bismarck said, 'Diplomacy without the threat of force is music without instruments.' There is no credible threat of force. No one in Tehran or in the region feels that the Obama administration will use force." - Rich Williamson, Senior Adviser for Foreign and Defense Policy, Romney for President, at the Brookings Institution (July 25, 2012)

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"God did not create this country to be a nation of followers. America is not destined to be one of several equally balanced global powers. America must lead the world, or someone else will. Without American leadership, without clarity of American purpose and resolve, the world becomes a far more dangerous place, and liberty and prosperity would surely be among the first casualties. "- Remarks of Governor Romney at the Citadel in Charleston, South Carolina (Oct. 7, 2011)

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"[T]he United States will exercise leadership in multilateral organizations and alliances. American leadership lends credibility and breeds faith in the ultimate success of any action, and attracts full participation from other nations. American leadership will also focus multilateral institutions like the United Nations on achieving the substantive goals of democracy and human rights enshrined in their charters. Too often, these bodies prize the act of negotiating over the outcome to be reached. And shamefully, they can become forums for the tantrums of tyrants and the airing of the world's most ancient of prejudices: anti-Semitism. The United States must fight to return these bodies to their proper role. But know this: while America should work with other nations, we always reserve the right to act alone to protect our vital national interests." -Remarks of Governor Romney at the Citadel in Charleston, South Carolina (Oct. 7, 2011)

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"I think we have to have economic initiatives to build trade throughout Latin America, particularly with Colombia and Panama, now part of free trade agreements. I want more of that throughout Latin America. But that's the first flaw, ignoring Latin America. And number two is reaching out with accommodations to some of the world's worst actors, whether it was Putin in Russia, giving him what he wanted, or Castro, saying we're going to let you have remittances coming from the U.S. to fund your future, or relaxed trade restrictions. Throughout the world, with Ahmadinejad opening an open hand, tyrants look for weakness to take advantage. That's the wrong course.
The right course for Cuba is to continue to honor Helms-Burton. And if I'm president of the United States, I will use every resource we have, short of invasion and military action, Congressman Paul. I'll use every resource we can to make sure that when Fidel Castro finally leaves this planet, that we are able to help the people of Cuba enjoy freedom." - Governor Romney, Republican Presidential Debate, Jacksonville FL (Jan. 26, 2012)

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"I'm saying in terms of a geopolitical opponent, the nation that lines up with the world's worst actors, of course the greatest threat that the world faces is a nuclear Iran, and nuclear North Korea is already troubling enough, but when these terrible actors pursue their course in the world and we go to the United Nations looking for ways to stop them, when [Syrian President] Assad, for instance, is murdering his own people, we go to the United Nations and who is it that always stands up for the world's worst actors? It is always Russia, typically with China alongside, and so in terms of a geopolitical foe, a nation that's on the Security Council, that has the heft of the Security Council, and is of course a massive security power — Russia is the geopolitical foe."- Mitt Romney Interview with Wolf Blitzer (Mar. 26, 2012)

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National Security/Counterterrorism/Drones

"I don't believe that we should list what is or is not torture, but we will have a policy of doing what we think is in our best interest -- we'll use enhanced interrogation techniques, which go beyond those that are in the military handbook right now."- Remarks by Governor Romney, Charleston, S.C. (Dec. 17, 2011)

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"There are different categories here. There's crime and there are rights that are afforded to American citizens under our Constitution and those that are accused of crime. Then there's war. And the tool of war being used today in America and around the world is terror. There's a different body of law that relates to war. And for those that understand the difference between the two, they recognize that we need tools when war is waged domestically to ensure that, as president of the United States, you can fulfill your first responsibility, which is to protect the life, liberty and property of American citizens and defend them from foes domestic and foreign. And that means, yes, we'll use the Constitution and criminal law for those people who commit crimes, but those who commit war and attack the United States and pursue treason of various kinds, we will use instead a very different form of law, which is the law afforded to those who are fighting America."- Governor Romney, Republican Presidential Debate, Washington D.C. (Nov. 22, 2011)

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In response to a question about whether the US President can target an American citizen suspected of terrorism overseas:
"Absolutely. In this case, this is an individual who had aligned himself with a -- with a group that declared war on the United States of America. And if there's someone that's going to join with a group like Al Qaida that declares war on America, and we're in a -- in a war with that entity, then, of course, anyone who is bearing arms with that entity is fair game for the United States of America."- Governor Romney, Republican Presidential Debate, Spartanburg, SC (Nov. 12, 2011)

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International Trade

"As president, I will reverse this trend by ensuring we have trade that works for America. I will negotiate new trade agreements, ask Congress to reinstate Trade Promotion Authority, complete negotiations to expand the Trans-Pacific Partnership, and create what I call a "Reagan Economic Zone," where any nation willing to play by the rules can participate in a new community committed to fair and free trade." -Governor Romney's address to the Clinton Global Initiative (Sept. 25, 2012)

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"The Trans-Pacific Partnership also remains critically important. Such an agreement would open U.S. access to the rapidly expanding Malaysian and Vietnamese markets, provide a dramatic geopolitical and economic bulwark against China, and serve as both a foundation from which to promote the opening of markets throughout Asia and a template for future multilateral agreements. If the Obama administration stalls the TPP in the run-up to the 2012 election, a Romney administration will move to complete negotiations at the earliest possible date." -Believe in America: Mitt Romney's Plan for Jobs and Economic Growth

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To foster work and enterprise in the Middle East and in other developing countries, I will i"nitiate "Prosperity Pacts." Working with the private sector, the program will identify the barriers to investment, trade, and entrepreneurialism in developing nations. In exchange for removing those barriers and opening their markets to U.S. investment and trade, developing nations will receive U.S. assistance packages focused on developing the institutions of liberty, the rule of law, and property rights." -Governor Romney's Remarks at the Clinton Global Initiative (Sept. 25, 2012)

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"And on that basis, we also go before the WTO and bring an action against them as a currency manipulator. And that allows us to apply selectively tariffs where we believe they are stealing our intellectual property, hacking into our computers or artificially lowering their prices and killing American jobs. We can't just sit back and let China run all over us. People say, well, you'll start a trade war. There's one going on right now, folks. They're stealing our jobs and we're going to stand up to China." - Governor Romney, Republican Presidential Debate, Spartanburg SC (Nov. 12, 2011)

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Nuclear Non-Proliferation

"He will also step up the enforcement of the Proliferation Security Initiative to constrain North Korea illicit exports by increasing the frequency of inspections of North Korean ships and discouraging foreign ports from permitting entry to North Korean ships." - An American Century, Romney for President (Oct. 7, 2011)

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"Does the New START limit America's options for missile defense? Yes. For the first time, we would agree to an interrelationship between strategic offensive weapons and missile dense. Moreover, Russia already asserts that the document would constitute a binding limit on our missile defense program. But the Wiki Leaks revelation last weekend that North Korea has supplied Iran with long-range Russian missiles confirms that robust missile defense is urgent and indispensable.
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Is Russia's substantial nuclear missile advantage over the United States exacerbated? Yes. The treaty excludes tactical nuclear weapons where Russia has a more than five-to-one advantage. But these weapons are a threat to out forces abroad, and to our allies. Moreover, they could be re-deployed on Russia's submarines to threaten us at home." -Stop START, Governor Romney's Op-Ed (Dec. 3, 2010)

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"We must no delude ourselves into thinking that containment is an option. We must lead the effort to prevent Iran from building and possessing nuclear weapons capability. We should employ any and all measures to dissuade the Iranian regime from its nuclear course, and it is our fervent hope that diplomatic and economic measures will do so. In the final analysis, of course, no option should be excluded. We recognize Israel's Right to defend itself, and that it is right for America to stand with you." -Governor Romney, Republican Presidential Debate, Jacksonville FL (Jan. 26, 2012)

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Climate Change

"One, I believe what I said before, I think it's getting warmer. Two, I believe we contribute to it. And three, I don't know by how much—a lot or a little. And So I am not willing to adopt a multi-trillion dollar programs to reduce greenhouse gases in America. They don't call it America warming, they call it global warming."- Governor Romney (Oct. 3, 2011)

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"My view is that we don't know what's causing climate change on this planet. And the idea of spending trillions and trillions of dollars to try to reduce CO2 emissions is not the right course for us. My view with regards to energy policy is pretty straightforward. I want us to become energy secure and independent of the oil cartels. And that means let's aggressively develop our oil, our gas, our coal, our nuclear power"- Governor Romney (Oct. 28, 2011)

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