Tournament: UMKC | Round: 2 | Opponent: Kansas BM | Judge: Joel Reed

1AC – National Security Court

Plan Text

The United States Congress should establish a National Security Court with sole jurisdiction over cases pursuant to Section 1021 of the National Defense Authorization Act for Fiscal Year 2012.

Inherency

Contention 1 is inherency

D.C. courts are shaping detention policy now but lack of Supreme Court action means detention is here to stay.

Horowitz, J.D. Candidate at Fordham University, ’13
~Colby, and#34;CREATING A MORE MEANINGFUL ¶ DETENTION STATUTE: LESSONS LEARNED ¶ FROM HEDGES V. OBAMAand#34;, Fordham Law Review, Vol. 81, 2013, RSR~

The Supreme Court has not decided the merits of a detention case since ¶ Boumediene
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their significant role in shaping substantive detention ¶ law with each decision.151

The NDAA of 2012 codifies the right of the president to indefinitely detain – expands on the AUMF.

Greenwald, Columnist for the Guardian, ’11
~Glenn, and#34;Three myths about the detention billand#34;, Salon, 12-16-11,
http://www.salon.com/2011/12/16/three_myths_about_the_detention_bill/-http://www.salon.com/2011/12/16/three_myths_about_the_detention_bill/, RSR~

Section 1021 of the NDAA governs, as its title says, and#34;Authority of
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McCarthy era Internal Security Act of 1950, about which I wrote yesterday.

Terrorism

Contention 2 is terrorism

Indefinite detention leads to terrorism – multiple warrants

First, motivation – comparative studies prove that indefinite detention increases the motivation for terrorism and the likelihood of an attack.

Roberts, Associate Professor of Philosophy at East Carolina University, ’11
~Rodney, and#34;Utilitarianism and the Morality of Indefinite Detentionand#34;, Criminal Justice Ethics, Vol. 30, No. 1, RSR~

Finally, ’’there is no evidence that  preventive detention works. Comparative studies of
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can be selfdefeating*it may increase the likelihood of future attacks.31

Second, distrust – indefinite detention generates resentment that kills effective community cooperation within counter terrorism efforts.

Hathaway, et al, ’13
~Oona (Gerard C. and Bernice Latrobe Smith Professor of International Law, Yale Law School); Samuel Adelsberg (J.D. candidate at Yale Law School); Spencer Amdur (J.D. candidate at Yale Law School); Freya Pitts (J.D. candidate at Yale Law School); Philip Levitz (J.D. from Yale Law School); and Sirine Shebaya (J.D. from Yale Law School), and#34;The Power To Detain: Detention of Terrorism Suspects After 9/11and#34;, The Yale Journal of International Law, Vol. 38, 2013, RSR~

Legitimacy of the trial process is important not only to the individuals   charged but also
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in recent statements from the   Department of Defense and the White House.251

Third, signaling – use of indefinite detention hinders allied cooperation over counterterrorism – security experts overwhelmingly vote aff.

Pearlstein, Visiting Research Scholar and Lecturer in Public and International Affairs, Woodrow
Wilson School of Public and International Affairs, Princeton University, ’9
~Deborah, and#34;WE’RE ALL EXPERTS NOW:¶ A SECURITY CASE AGAINST SECURITY DETENTIONand#34;, Case Western Journal of International Law, Vol. 40, 2009, RSR~

Particularly in the challenge of counterterrorism detention policy,¶ the United States has had to
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disposition of fissile material is central to a state’s strategic¶ counterterrorism plan.

Intelligence cooperation is crucial to quell the threat of terrorism.

Cordesman, Arleigh A. Burke Chair in Strategy at CSIS, ’10
~Anthony, and#34;The True Lessons of Yemen   and Detroit:  How the US Must Expand and Redefine   International Cooperation in Fighting   Terrorismand#34;, CSIS, 2010, RSR~

The second answer is to put even more emphasis on international cooperation in   counterterrorism.
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of our global economic and strategic interests would face   far more serious threats.

The risk of a nuclear terrorist attack is high – top UN officials concede.

Sturdee, AFP, ’13
~Simon, and#34;UN atomic agency sounds warning on ’nuclear terrorism’and#34;, Fox News, 7-1-13,
http://www.foxnews.com/world/2013/07/01/un-atomic-agency-sounds-warning-on-nuclear-terrorism/-http://www.foxnews.com/world/2013/07/01/un-atomic-agency-sounds-warning-on-nuclear-terrorism/, RSR~

VIENNA (AFP) – The head of the UN atomic agency warned Monday against
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, factories and university campuses and are therefore seen as easy to steal.  

An attack breaks the nuclear taboo – leads to nuclear war.

Bin, director of Arms Control Program at the Institute of International Studies, Tsinghua University, ’9
~5-22-09 About the Authors  Prof. Li Bin is a
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Tsinghua University, which he  completed in 2009 under Prof. Li Bin~

The nuclear taboo is a kind of international norm and this type of norm is
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problem, avoid miscalculation and  thereby reduce the danger of a nuclear war. 

Independently, an attack on US soil causes extinction.

Ayson, Professor of Strategic Studies at Oxford, 10
~Robert, Director of Strategic Studies: New Zealand, Senior Research Associate with Oxford’s Centre for International Studies. and#34;After a Terrorist Nuclear Attack: Envisaging Catalytic Effects. Studies in Conflict and Terrorism, Volume 33, Issue 7, July 2010, pages 571-593~

But these two nuclear worlds—a non-state actor nuclear attack and a
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be admitted that any preemption would probably still meet with a devastating response.

Leadership

Contention 3 is Leadership

First, indefinite detention hurts U.S. diplomatic power in championing human rights – empirics prove.

Chaffee, Advocacy Counsel at Human Rights First, ’9
~Devon, and#34;THE COST OF INDEFINITELY KICKING THE CAN: WHY CONTINUED¶ and#34;PROLONGEDand#34; DETENTION IS NO SOLUTION TO GUANTANAMOand#34;, Case Western Journal of International Law, Vol. 42, 2009, RSR~

The world is watching to see whether the Obama administration fulfills¶ its promise to
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.S. diplomatic power and ability¶ to champion human rights abroad.

====No alt causes – detention is the biggest internal link to credibility loss.====
Welsh, J.D. from the University of Utah, ’11
~David, currently a doctoral student at the University of Arizona, and#34;Procedural Justice Post-9/11: The Effects of¶ Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacyand#34;, 9 U.N.H. L. Rev. 261, March 2011, Lexis, RSR~

The Global War on Terror n1 has been ideologically framed as a struggle between the
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article offers a psychological perspective of legitimacy in the¶ context of detention.

U.S. leadership is essential to promoting global protection of human rights.

Roth, Director of Human Rights Watch, ’9
~Kenneth, Human Rights Watch World Report 2009, Introduction by Kenneth Roth,
http://www.hrw.org/en/world-report-2009/taking-back-initiative-human-rights-spoilers-http://www.hrw.org/en/world-report-2009/taking-back-initiative-human-rights-spoilers~~

The US and the EU are not the only ones promoting human rights abroad.
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to the discretion of each government, and violations carried little international cost. 

Human rights protection prevents extinction

Annas et al 2 Edward R. Utley Prof. and Chair Health Law @
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. J. L. and Med. 151, L/N~

The development of the atomic bomb not only presented to the world for the first
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event. But no such necessity currently exists or is on the horizon.

Human right deficits fuels authoritarian crackdowns in Russia—-destroys US-Russia engagement.

Mendelson, director, Human Rights and Security Initiative, CSIS, ’9
~Sarah, and#34;U.S.-Russian Relations and the Democracy and Rule of Law Deficitand#34; tcf.org/assets/downloads/tcf-russiarelations.pdf, DOA: 7-23-13, y2k~

Since the collapse of the Soviet Union in 1991, every U.S.
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values and undercutting (yet again) U.S. soft power.

Now is key - bolstering democratic reform in Russia prevents violent revolution.

Freeland and Gutterman, ’12
~Chrystia and Steve, Writers for Reuters, January 17, 2012, and#34;Russia faces violent revolution if it doesn’t embrace democracy, billionaire Putin challenger declaresand#34;, http://news.nationalpost.com/2012/01/17/russia-faces-violent-revolution-if-it-doesnt-embrace-democracy-billionaire-putin-challenger-declares/-http://news.nationalpost.com/2012/01/17/russia-faces-violent-revolution-if-it-doesnt-embrace-democracy-billionaire-putin-challenger-declares/~~

MOSCOW — Mikhail Prokhorov, a super-rich tycoon challenging Vladimir Putin for Russia’s
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living in the big cities, want to live in a democratic country.and#34;

That causes miscalculation and nuclear war

Pry, Former US Intelligence Operative, ’99
~Peter Vincent, War Scare:  U.S.-Russia on the Nuclear Brink, netlibrary~

Russian internal troubles—such as a leadership crisis, coup, or civil war
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Russian affairs, with the West ignorant that it was in grave peril.

US-Russia relations key to solve extinction.

Allison, Director of the Belfer Center for Science and International Affairs at Harvard’s Kennedy School of Government, ’11
~Graham, 10-30-11, and#34;10 reasons why Russia still matters,and#34; http://dyn.politico.com/printstory.cfm?uuid=161EF282-72F9-4D48-8B9C-C5B3396CA0E6-http://dyn.politico.com/printstory.cfm?uuid=161EF282-72F9-4D48-8B9C-C5B3396CA0E6~~

That central point is that Russia matters a great deal to a U.S
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Tehran to joining China in preventing U.N. Security Council resolutions.

Second, blanket indefinite detention violates the Geneva Convention – doesn’t differentiate between types of combatants nor the different durations of conflict.

Murphy, Law Professor at George Washington University Law School, ’7
~Sean, and#34;Evolving Geneva Convention Paradigms in the¶ ’War on Terrorism’: Applying the Core Rules to the¶ Release of Persons Deemed ’Unprivileged¶ Combatants’and#34;, GW Law Faculty Publications 26 Other Works, 2007, RSR~

The general assertion that all detainees at Guantánamo Bay may be detained for the and#34;
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soon as the reasons which necessitated his¶ internment no longer exist.and#34;143

Adapting to the public conscience regarding international law is necessary to regain US credibility of compliance.

Murphy, Law Professor at George Washington University Law School, ’7
~Sean, and#34;Evolving Geneva Convention Paradigms in the¶ ’War on Terrorism’: Applying the Core Rules to the¶ Release of Persons Deemed ’Unprivileged¶ Combatants’and#34;, GW Law Faculty Publications 26 Other Works, 2007, RSR~

The dominant paradigms of the 1949 Geneva Conventions, which concern either inter-state
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of persons deemed not to be a threat is unlawful and¶ unconscionable.

Failure of the U.S. to adhere to the Geneva Conventions undermines the entire Geneva regime

Beard, Lecturer at UCLA 7
~Jack, former Deputy General Counsel at the D.o.D., and#34;The Geneva Boomerang: The Military Commissions Act of 2006 And US Counterterror operations,and#34; The American Journal of International Law, KM~

At a fundamental level, unilateral revision of the Geneva Conventions by the United States
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that other countries are unlikely to maintain the stringency of their own commitments.

The Geneva Conventions are key to prevent the development and use of chemical and biological weapons.

GCSP 5
~Geneva Centre for Security Policy, and#34;Biological and Chemical Weapons Seminar,and#34; June 2005, http://www.gcsp.ch/e/meetings/Security_Challenges/WMD/Meeting_Conf/2005/BC20Weapons20Seminar/summary.htm-http://www.gcsp.ch/e/meetings/Security_Challenges/WMD/Meeting_Conf/2005/BC Weapons Seminar/summary.htm, KM~

On 9-10 June 2005, the GCSP hosted an international seminar initiated by
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use but also the production and possession of both chemical and biological weapons.

New gene manipulation takes out your bioweapons defense.

MSNBC ’11 
~and#34;Clinton warns of bioweapon threat from gene tech,and#34; pg online @ http://www.msnbc.msn.com/id/45584359/ns/… and#34;For an international verification system — akin to that for nuclear weapons — saying it is too complicated to monitor every lab’s activities.and#34;~

GENEVA — New gene assembly technology that offers great benefits for scientific research could also
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for nuclear weapons — saying it is too complicated to monitor every lab’s activities

Risk of bioterror is high – results in extinction.

Matheny, research associate at Oxford University’s Future of Humanity Institute, ’7
~Jason, previously worked at the Center for Biosecurity and holds an MBA from Duke University, and#34;Reducing the Risk of Human Extinction,and#34; Risk Analysis Vol. 27, No. 5, http://users.physics.harvard.edu/~~wilson/pmpmta/Mahoney_extinction.pdf-http://users.physics.harvard.edu/~wilson/pmpmta/Mahoney_extinction.pdf~~

Of current extinction risks, the most severe may be bioterrorism. The knowledge needed
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to respond to pandemics (Lam, Franco, 26 Shuler, 2006).

The plan solves – the creation of a national security court would solve US perception of compliance with international law.

McCarthy and Velshi, ’9
~Andrew (Director of the Center for Law 26 Counterterrorism at the Foundation for the Defense of Democracies) and Alykhan (staff attorney at the Center for Law 26 Counterterrorism, where he focuses on the international law of armed conflict and the use of force), and#34;We Need a National Security Courtand#34;, Submission for AEI, 2009, RSR~

To be clear, this is not to suggest that the United States has not
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most part, inaccurately and ¶ unfairly – for the past five year.

The creation of a national security court would meet the tribunal requirement of the Geneva Convention - allows for oversight process to review the individual circumstances of each detention.

McCarthy and Velshi, ’9
~Andrew (Director of the Center for Law 26 Counterterrorism at the Foundation for the Defense of Democracies) and Alykhan (staff attorney at the Center for Law 26 Counterterrorism, where he focuses on the international law of armed conflict and the use of force), and#34;We Need a National Security Courtand#34;, Submission for AEI, 2009, RSR~

The NSC would oversee a new process for ¶ monitoring and reviewing the detention of
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their home countries (or in countries where they have committed crimes). ¶

Solvency

Contention 4 is solvency

The national security court solves – preserves national security while providing the appropriate international signal.

Sulmasy, Commander and associate professor of law at the U.S. Coast Guard Academy, ’6
~Glenn, and#34;THE LEGAL LANDSCAPE AFTER HAMDAN:¶ THE CREATION OF HOMELAND SECURITY¶ COURTSand#34;, NEW ENG. J.INT’L 26 COMP.L., Vol. 13, RSR~

Article I judges with law of armed conflict expertise would proceed¶ over the trials
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¶ colleagues, this proposal certainly requires further elaboration prior to¶ implementation.

Congressional action on detention is the only way to make the executive accountable – empirically proven, the court will back them up and preserves executive flexibility.

Harvard Law Review, ’12
~and#34;RECENT LEGISLATIONand#34;, Vol. 125, 2012, RSR~

Just as the Commander-in-Chief power is not preclusive with respect to
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Just because a congressional policy choice is wrong does not make it unconstitutional.