Tournament: NCFA | Round: 2 | Opponent: SFSU | Judge: Brazelton
Observation 1:
Despite some loosening of restrictions, the 2014 National Defense Authorization Act still allows for indefinite detention of prisoners and prevents detainees from being tried in the United States or released to countries that respect their human rights. The Obama administration has actively contested challenges to the indefinite detention provision leaving Congress responsible for changes to the law.
Lennard 12-27-13 (Natasha, assistant news editor at Salon.com, “Obama signs NDAA 2014, indefinite detention remains; The president called defense bill a "welcome step" toward closing Gitmo, but civil liberties issues abound” http://www.salon.com/2013/12/27/obama_signs_ndaa_2014_indefinite_detention_remains)
Plan
The United States Congress should pass legislation that creates a requirement that the executive begin prosecution of terrorism suspects in federal district courts within 18 months of detention, and amends sections 1033 and 1034 of the 2014 National Defense Authorization Act to allow the use of appropriated funds to construct or modify facilities in the United States to house detainees under the control of the Department of Defense and transfer detainees to the US for trial.
Advantage 1: 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, “Utilitarianism and the Morality of Indefinite Detention”, Criminal Justice Ethics, Vol. 30, No. 1
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), “The Power To Detain: Detention of Terrorism Suspects After 9/11”, The Yale Journal of International Law, Vol. 38, 2013
Third, signaling – use of indefinite detention and military commissions hinders effective intelligence gathering and extraditions internationally – recent history proves.
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), “The Power To Detain: Detention of Terrorism Suspects After 9/11”, The Yale Journal of International Law, Vol. 38, 2013, RSR
The risk of a nuclear terrorist attack is high – top UN officials concede.
Sturdee, AFP, 7-1
Simon, “UN atomic agency sounds warning on 'nuclear terrorism'”, Fox News, 7-1-13,
http://www.foxnews.com/world/2013/07/01/un-atomic-agency-sounds-warning-on-nuclear-terrorism/}
An attack breaks the nuclear taboo – combating nuclear terrorism key to preventing crisis escalation, avoiding miscalculation and checking nuclear war.
Bin ‘9 (5-22-09 Prof. Li Bin is a leading Chinese expert on arms control and is currently the director of Arms Control Program at the Institute of International Studies, Tsinghua University. He received his Bachelor and Master Degrees in Physics from Peking University before joining China Academy of Engineering Physics (CAEP) to pursue a doctorate in the technical aspects of arms control. He served as a part-time assistant on arms control for the Committee of Science, Technology and Industry for National Defense (COSTIND).Upon graduation Dr. Li entered the Institute of Applied Physics and Computational Mathematics (IAPCM) as a research fellow and joined the COSTIND technical group supporting Chinese negotiation team on Comprehensive Test Ban Treaty (CTBT). He attended the final round of CTBT negotiations as a technical advisor to the Chinese negotiating team. Nie Hongyi is an officer in the People’s Liberation Army with an MA from China’s National Defense University and a Ph.D. in International Studies from Tsinghua University, which he completed in 2009 under Prof. Li Bin. )
Miscalculation, retaliation, or escalation from nuclear terrorism causes extinction
Ayson 10 (Robert, Professor of Strategic Studies, Director of Strategic Studies: New Zealand, Senior Research Associate with Oxford’s Centre for International Studies. “After a Terrorist Nuclear Attack: Envisaging Catalytic Effects. Studies in Conflict and Terrorism, Volume 33, Issue 7, July 2010, pages 571-593)
Advantage 2: Leadership
We’ll isolate three internal links:
First, Human rights credibility---now is key to set the global standard for human rights protection
Suzanne Nossel 12 is executive director of Amnesty International USA, "Time for a Reset on Human Rights," 11-7-12, www.foreignpolicy.com/articles/2012/11/07/time_for_a_reset_on_human_rights?page=0,1, DOA: 7-22-13, Y2K
AND- US is key to global human rights protection---indefinite detention undermines US credibility.
William F. Schulz 9 is Senior Fellow, Center for American Progress, "The Future of Human Rights: Restoring America’s Leadership," www.policyarchive.org/handle/10207/bitstreams/10918.pdf, DOA: 7-23-13,
Credibility key to foster foreign cooperation and hegemony
John Ikenberry 4 Professor of Politics and International Affairs at Princeton, “Liberal Realism: The Foundations of a Democratic Foreign Policy”, The National Interest, Fall
Human rights protection prevents extinction
Annas et al 2 Edward R. Utley Prof. and Chair Health Law @ Boston U. School of Public Health and Prof. SocioMedical Sciences and Community Science @ Boston U. School of Medicine and Prof. Law @ Boston U. School of Law George, Lori Andrews, (Distinguished Prof. Law @ Chicago-Kent College of Law and Dir. Institute for Science, Law, and Technology @ Illinois Institute Tech), and Rosario M. Isasa, (Health Law and Biotethics Fellow @ Health Law Dept. of Boston U. School of Public Health), American Journal of Law and Medicine, “THE GENETICS REVOLUTION: CONFLICTS, CHALLENGES AND CONUNDRA: ARTICLE: Protecting the Endangered Human: Toward an International Treaty Prohibiting Cloning and Inheritable Alterations”, 28 Am. J. L. and Med. 151, L/N
Solvency
The 2014 NDAA was a critical first step towards progress but did not eliminate indefinite detention – additional Congressional action is required to eliminate indefinite detention and improve relations with allies, bolster national security, and reduce inducements of terrorism
Rucker, 12-26-13 (Philip, reporter, “Obama signs defense law, calls it a ‘welcome step’ toward closing Guantanamo Bay prison” http://www.washingtonpost.com/politics/obama-signs-defense-law-calls-it-a-welcome-step-toward-closing-guantanamo-bay-prison/2013/12/26/ba07e1d4-6e5c-11e3-b405-7e360f7e9fd2_story.html)
Congressional action creates a credible regime that moderates the risk of our counterterrorism operations.
Prieto 9 (Daniel, Council on Foreign Relations, “War About Terror: Civil Liberties and National Security After 9/11”, February 2009, http://pubs.mantisintel.com/Civil_Liberties_WorkingPaper.pdf)
The United States should try suspects in federal district courts and transfer individuals to US facilities
PHR 11 (Physicians for Human Rights, "Punishment Before Justice: Indefinite Detention in the US," www.judiciary.senate.gov/resources/transcripts/upload/022912RecordSubmission-Franken.pdf)
Federal courts are more legitimate than military trials – international credibility
Hathaway and Adelsberg et al 13 (Oona, Samuel, Spencer Amdur, Philireya Pitts, and Sirine Shebaya, "The Power to Detain Detention of Terrorism Suspects After 9/11," Yale Journal of International Law, Vol. 38: Issue 123, www.yjil.org/docs/pub/38-1-hathaway-the-power-to-detain.pdf)
Federal courts can utilize national security information without privacy concerns - CIPA
Hathaway and Adelsberg et al 13 (Oona, Samuel, Spencer Amdur, Philireya Pitts, and Sirine Shebaya, "The Power to Detain Detention of Terrorism Suspects After 9/11," Yale Journal of International Law, Vol. 38: Issue 123, www.yjil.org/docs/pub/38-1-hathaway-the-power-to-detain.pdf)
Federal prosecution can be used to end indefinite detention, gather intel, and convict terrorist suspects – successful al-Awlaki mission proves
Finn 13 (Peter, 4/8, The Washington Post, "A template emerges for prosecuting terror suspects," www.japantimes.co.jp/news/2013/04/08/world/a-template-emerges-for-prosecuting-terror-suspects/#.Ue_03Y21Fsk)