Tournament: USC | Round: 4 | Opponent: Northwestern OS | Judge: Ross Gordon

*1AC Coast*

1AC Habeas

Contention one is Habeas:

Al Maqaleh was the end of the line for habeas

Vladeck 12, Steve Vladeck is a professor of law and the associate dean for scholarship at American University Washington College of Law. A 2004 graduate of Yale Law School, Steve clerked for Judge Marsha Berzon on the Ninth Circuit and Judge Rosemary Barkett on the Eleventh Circuit. In addition to serving as a senior editor of the Journal of National Security Law 26 Policy, Steve is also the co-editor of Aspen Publishers’ leading National Security Law and Counterterrorism Law casebooks,  http://www.lawfareblog.com/2012/10/more-on-maqaleh-ii/-http://www.lawfareblog.com/2012/10/more-on-maqaleh-ii/
For all the reasons he identifies, I think Ben is quite right-http://www.lawfareblog.com/2012/10/comments-on-maqaleh-and-hamidullah/ that these
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perhaps anywhere else outside the United States besides Guantanamo), they shouldn’t be.
Flaw ~231: Boumediene’s Factors Should Not be Applied Formalistically
The first thing that jumps out from Judge Bates’ opinions in Al-Maqaleh II is his obeisance to the "three-factor test" that Boumediene purportedly articulated to assess whether the Suspension Clause should apply to the extraterritorial detention of non-citizens, i.e.:
(1) the citizenship and status of the detainee and the adequacy of the process through which that status determination was made; (2) the nature of the sites where apprehension and then detention took place; and (3) the practical obstacles inherent in resolving the prisoner’s entitlement to the writ.
Critically, Justice Kennedy introduced these three factors (which he divined from the Court’s
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conclusive–factors going to the applicability vel non of the Suspension Clause.
Flaw ~232: The "Vast Differences" Between Guantanamo and Bagram
The reason why formalistic application of the three Boumediene factors denudes Boumediene of much of its force is because it fails to appreciate the extent to which functional considerations thoroughly influenced Justice Kennedy’s analysis and application of those factors. For example, consider the second factor, i.e., "the nature of the sites where apprehension and then detention took place." In applying this factor in Boumediene, Justice Kennedy wrote as follows:
~T~he detainees here are similarly situated to the Eisentrager petitioners in that
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they intend to displace all German institutions even during the period of occupation.
As Judge Bates rightly summarizes in Al-Maqaleh II, "In this case, the D.C. Circuit placed great weight on the fact that the United States’s control over the base at Bagram Airfield was less absolute than its control over Guantanamo Bay." Because the Afghan government had more of an interest (and more directly participated) in the detentions at Bagram, the D.C. Circuit held that Boumediene could be distinguished.
The problem with this reasoning is that it elides the critical distinction between Afghanistan’s involvement
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eventually be transferred to the Afghan government, if not to other countries."
Even if that logic follows (and I don’t think it does), it’s beside
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second Boumediene factor should militate in favor of habeas, not against it.
Flaw ~233: The Centrality of Practical Obstacles (of the Government’s Own Making)
Finally, and driving home the structural significance of the flawed formalistic approach, Judge
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argument under the framework laid out by the D.C. Circuit."
That the "framework laid out by the D.C. Circuit" requires
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would think proper respect for Boumediene would make this a much closer call…

Absent extraterritorial habeas rule of law and legitimacy will be eviscerated

Sidhu 11, JD George Washington
(Dawinder, SHADOWING THE FLAG: EXTENDING THE HABEAS WRIT BEYOND GUANTÁNAMO, scholarship.law.wm.edu/cgi/viewcontent.cgi?article=159726context=wmborj)
There is nothing in these foundational principles to indicate that the responsibility of the judiciary
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a district court with jurisdiction over the custodian who may produce the petitioner.

The judiciary must clarify a meaningful right to habeas to preserve legitimacy

Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~
The Bush Administration’s detainee policy made clear that - due to America’s power - the
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and reinforces the sense that our constitutional values reflect universal human rights. n449

Only a court ruling solves cooperation

Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~
American unipolarity has created a challenge for realists. Unipolarity was thought to be inherently
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the same project that the courts constantly grapple with in adjudicating domestic disputes.

Legitimacy solves global peace — the alternative is great power transition wars

Kromah 9 ~February 2009, Masters in IR, Lamii Moivi Kromah at the Department of International Relations
University of the Witwatersrand, "The Institutional Nature of U.S. Hegemony: Post 9/11", http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf?sequence=1~~
A final major gain to the United States from the benevolent hegemony has perhaps been
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to facilitate its ability to extract contributions from other members of the system.

Only judicial review affirms habeas

Sidhu 11, JD George Washington
(Dawinder, SHADOWING THE FLAG: EXTENDING THE HABEAS WRIT BEYOND GUANTÁNAMO, scholarship.law.wm.edu/cgi/viewcontent.cgi?article=159726context=wmborj)
An appreciation for the writ, the separation of powers scheme, and relevant Supreme
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Framers feared and the very room that the writ was designed to occupy.

That precedent is necessary to shape Chinese norms

Katzenstein et al 13, Professor of International Studies at Cornell
~2013, Toby S. Goldbach, B.A., LL.M
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Translating", 20 Ind. J. Global Leg. Stud. 141~
To understand the direct and indirect ways through which U.S. criminal procedure
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law and scholarship in classrooms, courtrooms, law firms, and conferences.
*Would like to keep Lowe, but this is 1^st on the chopping block

Key to legitimacy —- failure undermines it

Leibman 9, Benjamin Liebman is a law professor at Columbia University and is the Director of the Center for Chinese Legal Studies, The People’s Court: Legitimacy Through Law in China, http://www.pbs.org/wnet/wideangle/lessons/the-peoples-court/legitimacy-through-law-in-china/4332/-http://www.pbs.org/wnet/wideangle/lessons/the-peoples-court/legitimacy-through-law-in-china/4332/
Over the past decade, China’s Communist Party leadership has embraced law to an unprecedented
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within China, and for confirming China’s place as a major international power.
Can this strategy succeed? Can China transform its legal system into one that provides a stable framework for business and foreign investment, that addresses the grievances of those left behind by China’s economic miracle, and that curbs corruption and wrongdoing by official actors, without posing challenges to one-party rule? As The People’s Court suggests, the answer is far from clear.
Before assessing the current and possible future trajectory of Chinese legal reforms, it is
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also why many in China bristle at western criticism of China’s legal system.
Since 1978, the changes have been remarkable. There were three thousand lawyers in
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have spent significant periods studying in the U.S. or Europe.
There were few laws on the books in the late 1970s.  China suspended work
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adopted three major new pieces of legislation relating to labor and employment law.
Some of the most important changes in the Chinese legal system have been very recent
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and procurators were university graduates, double the percentage of the early 1990s.
Civil litigation was virtually irrelevant in China in 1978. Today there are three to
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in ways that central Party-state authorities have a difficult time controlling.
Chinese courts also hear approximately 100,000 cases a year against the government through administrative litigation. Plaintiffs in China may not always get a fair hearing of their cases, but individuals nevertheless increasingly voice their grievances in the language of law. Ordinary people have expectations of how the legal system should work.
Chinese courts have also shown willingness to innovate. Thus, for example, Chinese
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invalidate legislation. Courts routinely create new legal rules in less controversial areas.
The internet is facilitating court development. Just a few years ago judges had little
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to develop within the confines of the current political system than previously realized.
Acknowledging this progress is not intended to deny the many problems and abuses that continue
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in the Chinese legal system; cases can be reexamined at any time.
Judges are often evaluated based on whether they get their decisions right in the eyes of their superiors. Yet getting a decision right may mean issuing a decision that satisfies public or official opinion, rather than legal standards.In a system in which the greatest fear of the leadership is instability, the incentives to align with populist views of justice are very strong — sometimes much stronger than the power of law itself.
Control over civil society and activist lawyering has been tightened in recent years, in
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we remember where China was thirty (or even fifteen) years ago.
Having a legal system that serves as a forum for resolving individual grievances is in
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interests of local officials or powerful people, and as being fundamentally unjust.
China has devoted tremendous resources to legal education. Such efforts have worked — perhaps too well.  Widespread legal education has created expectations that the system should protect ordinary people. There is risk, however, that interaction with the formal legal system may increase disillusionment, thus undermining the legitimacy of both law and the Party-state.
Despite the progress in the Chinese legal system since 1978, many of the most
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China, even within the confines of overall leadership by the Communist Party.
The problem facing China’s leaders today is that this next step of legal reform,
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power. Thus we see new legislation, but not significant institutional reform.
China’s leaders are not ignorant of the risks of failing to reform. The need
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to ensure that none of these developments lead to challenges to Party authority.

That causes Taiwan nuclear war

Colby and Denmar, et al 13, Elbridgc A. Colby. cochair, is a principal analyst and drvison lead for global strategic affairs at the Center for Naval Analyses (CNA). where he focuses on strateg deterrence, nuclear weapons, and related issues. Previously, he served as policy adviser to the secretary of defense’s representative for the new Strategic Arms Reduction Treaty, as an expert adviser to the Congressional Strategic Posture Commission, as a staff member on the President’s Commission on the Intdhgcnce Capa biLities of the US. Regarding WMD. and in a number of other government positions. Mr. Colby also serves or has served as a consultant to a number of U.S government bodies. He publishes and speaks regularly on strategic issues in the United States. Europe, and Asia. Mr. Colby is a graduate of Harvard College and Yale Law School and is a member of the Council on Foreign Rdations (term) and of the International Institute of Strategic Studies Abraham M. Denmark. cochair. is vice president for political and security affairs at the National Bure-au of Asian Research (NBR) and is an Asia-Pacific security adviser at the Center for Naval Analyses. He manages NBR research programs, dialogues, projects, and initiatives reLated to po. litical and security issues in the Asia-Pacific region. He has experience both inside and outside of government, having previously worked as a fellow at the Center for a New American Security and as country director for China affairs in the Office of the Secretary of Deknse. Mr. Denmark holds an MA. in international security from the Josef Korbel Schoel of International Studies at the University of Denver and has studied at China’s Foreign Atfairs University and Peking Universit, Nuclear Weapons and U.S.-China Relations, http://csis.org/files/publication/130307_Colby_USChinaNuclear_Web.pdf-http://csis.org/files/publication/130307_Colby_USChinaNuclear_Web.pdf
Taiwan.  Taiwan remains the single most plausible and dangerous source of tension and conflict
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of U.S. defense commitments in the Asia-Pacific region.

1AC Afghanistan

Contention Two is Afghanistan:

Detention at Bagram will shatter the alliance and cause U.S. kickout – only a credible right to habeas solves

Rogers 11/14, Christopher Rogers is a program officer for the Regional Policy
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, MPhil from Oxford University, and BA from the University of Pennsylvania.
Afghanistan Post 2014: Closing Bagram, http://justsecurity.org/2013/11/14/guest-post-afghanistan-post-2014-closing-bagram/-http://justsecurity.org/2013/11/14/guest-post-afghanistan-post-2014-closing-bagram/
With the U.S. combat role in Afghanistan coming to an end,
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concerns for the U.S. presence in Afghanistan post-2014.
Over the years, many have criticized U.S. detentions as
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differences reflect deeper disagreement over post-2014 U.S. engagement.
Just last week, U.S. officials criticized-http://www.washingtonpost.com/world/national-security/afghan-review-panel-to-release-80-percent-of-high-security-detainees-pentagon-says/2013/11/08/eea5b498-48c8-11e3-bf0c-cebf37c6f484_story.html the Afghan government’s recommendation to
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 and the Afghan government deciding against formally adopting such a regime.
In consenting to U.S. detentions at the DFIP, the Afghan government
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which could jeopardize U.S.-Afghan relations at a critical time.

The BSA is on the brink —- cancellation causes Taliban surge, economic collapse, warlordism, and civil war

Saboory 11/5, Hamid M. Saboory is a former employee of the Afghan National Security Council. Currently he teaches International Law at Kardan University. Mr. Saboory is a founding member of the Afghanistan Analysis and Awareness (A3), a Kabul-based think tank, http://www.huffingtonpost.com/hamid-m-saboory/karzai-bilateral-security-agreement_b_4220151.html-http://www.huffingtonpost.com/hamid-m-saboory/karzai-bilateral-security-agreement_b_4220151.html
Additionally, it has immense psychological impact on the public mindset particularly on economic activities
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fully withdraw, Afghan warlords would strip them off their properties and cash.
Sealing BSA is extensively linked to President Karzai’s post 2014 legacy. BSA is widely
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and importance to combat terrorism and bringing security for Afghanistan and the region.

That causes multiple nuclear wars

Cronin 13 (Audrey Kurth Cronin is Professor of Public Policy at George Mason University and author of How Terrorism Ends and Great Power Politics and the Struggle over Austria. Thinking Long on Afghanistan: Could it be Neutralized? Center for Strategic and International Studies The Washington Quarterly • 36:1 pp. 55_72 http://dx.doi.org/10.1080/0163660X.2013.751650-http://dx.doi.org/10.1080/0163660X.2013.751650)
With ISAF withdrawal inevitable, a sea change is already underway: the question is
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except this time the outcome could be not just terrorism but nuclear war.

Independently, Taliban take-over causes nuclear war

Downer 10—Alexander Downer, Former Australian Foreign Affairs Minister, 7/19
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economic base and encouraging President Karzai to appoint better-quality public administrators.

1AC Rendition

Contention Three is Rendition:

First, it fails and backfires

Patel 13, Khadija Patel is a staff writer at The Maverick which is South Africa’s fastest growing newspaper, 2/8/13, ’Extraordinary Renditions’, aka How To Flout International Law With Impunity, http://www.dailymaverick.co.za/article/2013-02-08-extraordinary-renditions-aka-how-to-flout-international-law-with-impunity/~~23.UnfpLfmkqvQ-http://www.dailymaverick.co.za/article/2013-02-08-extraordinary-renditions-aka-how-to-flout-international-law-with-impunity/
Known as "extraordinary rendition," the practice entails taking detainees to and from US custody without a legal process and often involves handing them over to countries that practice torture. The Open Society Foundation found 136 people had gone through the process of "extraordinary rendition" and 54 countries were complicit in it, South Africa among them.
"However, to date, the full scale and scope of foreign government participation—as well as the number of victims—remains unknown, largely because of the extreme secrecy maintained by the United States and its partner governments," Open Society Foundation investigator Amrit Singh wrote in the report.
The official use of rendition to combat terrorism began in June 1995. Former US President Bill Clinton responded to the 1993 terrorist bombing of the World Trade Centre by signing Presidential Decision Directive 39, which authorised rendition for the capture terrorists.
From August 1995 to September 2001, eight suspected terrorists were rendered to American custody
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in New York City, where they were held until they stood trial.
The war on terror, however, employs "extraordinary rendition".
Theresa Blackledge, writing in Global Review-http://sirgo.org/sites/default/files/GlobalReview_VolumeOne.pdf in 2011, explains that previously, rendition
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, and for the purpose of detaining the individual for intelligence gathering purposes.
"Typically," Blackledge says, "the U.S. renders the individual to a third party nation that is well known for committing human rights abuses, such as Jordan, Syria or Egypt. The third party nation accepts custody of the detainee and employs ’enhanced interrogation’ methods to obtain intelligence."
Bob Baer, an ex-undercover agent who worked for the CIA in the Middle East, put it like this: "If you want a serious interrogation, you send a prisoner to Jordan. If you want them to be tortured you send them to Syria. If you want someone to disappear – never to see them again – you send them to Egypt."
More than one commentator has remarked at the irony of the US now demanding Syrian
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, and threatened with electric shocks by the Syrian government," Singh writes.
After ten months in prison, the Canadian government intervened on behalf of Arar, and he was finally freed without being charged with any crimes. In September 2006, a Canadian investigation cleared Arar of all charges. Canada’s Prime Minister apologised for the acts committed by American officials and ordered Arar be paid 249.7 million in restitution.
The Indian author Arundhati Roy, in her book The Ordinary Person’s Guide to Empire, says about this canny exploitation of human rights violators:
"~Former US~ Attorney General John Ashcroft has declared that US freedoms are ’not the grant of any government or document, but … our endowment from God’. So, basically, we’re confronted with a country armed with a mandate from heaven. Perhaps this explains why the U.S. government  refuses to judge itself by the same moral standards by which it judges others."
Singh says," "The U.S. government violated domestic and international law, thereby diminishing its moral standing and eroding support for its counterterrorism efforts worldwide as these abuses came to light."
Supporters of extraordinary rendition believe that it has been an effective ploy in efforts to fight terrorism. They point out that the US has successfully repelled a terror attack on American soil since 9/11. But those opposed to the programme point out that the technique of "enhanced interrogation" has had dubious results.
They point out the case of Ibn al Sheikh Al Libi, an Al Qaeda
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intelligence in his report when he addressed the United Nations in February 2003.
We all know how that turned out.
Al Libi is said to have later recanted his statements, claiming the false intelligence was extracted under torture and it was provided to halt the interrogations.
High-ranking officials from the Bush administration have escaped responsibility for authorising human rights violations associated with secret detention and extraordinary rendition, and "the impunity that they have enjoyed to date remains a matter of significant concern," Singh says in the report.
But Open Society notes as well that the US is not the only government in
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active participation of foreign governments. These governments too must be held accountable."
One such government is our own.      
Of the 136 cases of extraordinary renditions, two involve South Africa. The report notes that South Africa was implicated in the March 2003 extraordinary rendition of Saud Memon, a Pakistani national and suspect in the murder of Wall Street Journal journalist Daniel Pearl, who was beheaded on camera.
"In light of the secrecy associated with the abduction and the lack of any record in South Africa of his deportation or extradition, it appears that South Africa gave US intelligence agencies carte blanche to pursue his abduction and rendition from South Africa," the report said.
"Investigators at Human Rights Watch believed he was held in CIA custody and then transferred to Pakistani intelligence agents.
"He was ultimately released in April 2007 in Pakistan in poor physical health and died within several weeks of his release."
The other case documented in the report is the well-known case of Khalid
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transferring Rashid to Pakistani authorities who travelled to South Africa to receive him.
"The South African minister of home affairs claimed that Rashid was arrested and deported because he resided in the country illegally.
"Rashid was flown from South Africa in a Gulfstream II owned by AVE, a company registered in Kyrgyzstan; the charter was arranged by the government of Pakistan."
The report notes that, in 2009, South Africa’s Supreme Court of Appeal found that Rashid’s detention at the Cullinan police station without a warrant, his removal from that facility without a warrant and his deportation to Pakistan were unlawful.
Rashid was said to have been released in December 2007.
The Open Society report explains unequivocally that such practices of extraordinary rendition pervert the tenets of international law. "There can be no doubt that in today’s world, intergovernmental cooperation is necessary for combating terrorism. But such cooperation must be effected in a manner that is consistent with the rule of law," the report says.
And yet in the cloud of secrecy around the extraordinary renditions programme and South Africa’s policy towards it, it is unknown how many other cases of extraordinary renditions occurred on South African soil. Indeed the extent of South Africa’s co-operation with this programme is entirely unknown.
What is clear from the Open Society report is that extraordinary renditions pose a serious threat to basic human rights: life, liberty, and the security of the person. And more worryingly, the report is not entirely confident that the programme was halted by the Obama administration.
Although Obama issued an executive order in 2009 to halt the detention of suspected terrorists
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exactly that pledge to the U.S. before torturing Maher Arar.
And as horrific as Arar’s experience was, he is perhaps lucky to have emerged from it alive and been compensated for his difficulties. Others have not been so lucky.
In December 2003, German citizen Khalid al Masri went on vacation to Macedonia and disappeared for five months. Al Masri was captured by CIA agents and rendered to a prison in Afghanistan where he claims he was interrogated, beaten, and placed in solitary confinement.
The CIA’s capture of al Masri was a case of mistaken identity. The American Civil Liberties Union filed a lawsuit against the CIA and the Director of Central Intelligence George Tenet on behalf of al Masri. In October 2007, al Masri’s hopes for restitution were flouted when his case was refused by the US Supreme Court on the basis of protecting state secrets.
The practice of outsourcing torture, meanwhile, continues – and few can be certain of its extent. 

Failure to apply the writ extraterritorially allows it – this erodes international law – only external court accountability solves

Satterthwaite 6, Margaret Satterthwaite is Assistant Professor of Clinical Law at NYU School of Law and Faculty Director of the Center for Human Rights and Global Research, http://jurist.law.pitt.edu/forumy/2006/03/rendered-meaningless-rule-of-law-in-us.php-http://jurist.law.pitt.edu/forumy/2006/03/rendered-meaningless-rule-of-law-in-us.php
Since 9/11, the U.S. government has used the discourse
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At that point, the rule of law will have been rendered meaningless. 

This destroys the entire framework for international justice

Malinowski 7, Tom Malinowski, Washington Advocacy Director, Human Rights Watch, Washington, DC, Congressional Testimony, http://www.gpo.gov/fdsys/pkg/CHRG-110shrg40379/html/CHRG-110shrg40379.htm-http://www.gpo.gov/fdsys/pkg/CHRG-110shrg40379/html/CHRG-110shrg40379.htm
Or, just for the sake of argument, imagine if the President of Russia
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from the Geneva Conventions and treaties against torture—begins to fall apart.

Reversing Al Maqaleh solves – self-restraint isn’t trusted

Ghosh 12, JD at Stanford Law, Boumediene Applied Badly: The Extraterritorial Constitution after Al Maqaleh v. Gates, http://www.stanfordlawreview.org/sites/default/files/Ghosh-64-Stan-L-Rev-507.pdf-http://www.stanfordlawreview.org/sites/default/files/Ghosh-64-Stan-L-Rev-507.pdf
Although Boumediene contemplated placing greater weight on the practical arguments against habeas review in active
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C. Circuit’s poor framing of the key issues unfortunately reversed that ruling.

And judicial review re-invigorates credibility

Oona A. Hathaway, Counsel of Record, Brief of International Law Experts as Amici Curiae in Support of the Petitions, Jamal Kiyemba, et. Al., v. Barack H. Obama, et al., SCOTUS, No. 08-1234, 12—9, p. 35-38.
THE UNITED STATES SHOULD LIVE UP TO THE STANDARDS OF INTERNATIONAL LAW TO WHICH IT
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it has long sought to encourage the rest of the world to follow. 

International law’s inevitable but U.S. compliance is necessary for effectiveness – that solves global peace

Avasarkar 12, Dr. Daniel Ringuet (PhD) is currently a Sessional Lecturer at Griffith University Australia. The Relevance of International Law in Promoting Global Peace and Security , http://www.preservearticles.com/2012071033180/the-relevance-of-international-law-in-promoting-global-peace-and-security.html-http://www.preservearticles.com/2012071033180/the-relevance-of-international-law-in-promoting-global-peace-and-security.html
International Law involves the codification of rules by actors in the international system in a way that sets precedents and normative expectations.
That is, it is a rule-based regime which aims at building order within the global community. It is asserted that the post-ontological era of mature and complex international law (IL) provides a sound rationale for normative behaviour and therefore is of paramount relevance to achieving global peace and security. The example of the United States’ intervention in Iraq will be used to demonstrate the salience of this point.
It must first be acknowledged that IL is not always viewed so positively. This is largely due to the perception/reality gap which obscures the fact that military activity is the exception rather than the rule in international affairs.
In reality, most of the time the majority of interactions occur peacefully and efficiently. IL is a key facilitator of such.
Generally speaking a number of factors demonstrate the move towards IL. These include the data collected in UN Treaty archives, the powerful influence of global economic regimes such as the World Trade Organisation, the sociology of the transnational legal process itself, and the growing importance of international institutions and non-government organisations.
Indeed, the USA is itself party to more than 10,000 treaties. Additionally, the scope of IL is increasingly broad, covering things as diverse as arms control, the use of force, drug trafficking, immigration, human rights, environmental problems, trade and finance, and intellectual property.
The USA has been chosen to demonstrate the extreme relevance of IL to the international
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International Criminal Court (ICC), and its increasingly unilateral and hegemonic behaviours.
This emerging character appears to be founded on the presumption that a strong state such
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of realising. This indicates the paramount relevance of IL to global security.
At the most fundamental level, the decision to go to war in Iraq, demonstrates IL’s importance. This is in part due to the principle of ’stigmatisation’. If you are an actor that is routinely perceived to be breaching IL, norms and standards in pursuit of national self-interest, then it is likely that stigmatisation will be of significant impact. This is because it makes justification and rationalisation necessary by raising issues of legitimacy and identity.
Accordingly, states often go to great lengths to avoid stigmatisation. The USA demonstrates
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principle serves to place IL at the very centre of global security relations.
The relevance of IL is also made apparent by the USA’s difficulty in engendering support
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winning the peace, depicts the importance of international legitimacy in achieving objectives.
In theory, only the most powerful of states who do not believe they will ever be weak choose to routinely abuse the principles of IL. In a setting where its strength is superior to any other states’ across almost any measure of power, the USA should not be surprised that lesser states cling to the protection and predictability offerred by IL.
The importance of IL in global affairs is also demonstrated by the USA’s ability (
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and their fear that contracts signed would not carry the force of law.
Similarly, the USA’s refusal to abide by IL has greatly hampered relations and cooperation
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the goals which even its supreme power is incapable of bringing within grasp.

Otherwise extinction is inevitable

Weeramantry 5, Judge, International Law and Peace: A Peace Lesson, http://lcnp.org/global/Law_and_Peace.pdf-http://lcnp.org/global/Law_and_Peace.pdf
International law is an essential tool for the abolition of war. War has been
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and vested interests that stand in the way of world peace and harmony. 

1AC Plan

The United States federal judiciary should restrict military detention without the ability to challenge the legality of detention by way of the writ of habeas corpus.

1AC Solvency

Obama complies

Stephen I. Vladeck 9, Professor of Law and Associate Dean for Scholarship at American University Washington College of Law, senior editor of the peer-reviewed Journal of National Security Law and Policy, Supreme Court Fellow at the Constitution Project, and fellow at the Center on National Security at Fordham University School of Law, JD from Yale Law School, 3-1-2009, "The Long War, the Federal Courts, and the Necessity / Legality Paradox," http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=100226context=facsch_bkrev
Moreover, even if one believes that suspensions are unreviewable, there is a critical
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comply with a Supreme Court decision. But perhaps I am naïve.184

Courts create an observer effect – empirically forces Obama to comply

Deeks 10/21 (Ashley, Ashbley Deeks served as an attorney-adviser in the Office of the Legal Adviser at the U.S. Department of State. She worked on issues related to the law of armed conflict, including detention, the U.S. relationship with the International Committee of the Red Cross, conventional weapons, and the legal framework for the conflict with al-Qaeda. Courts Can Influence National Security Without Doing a Single Thing http://www.newrepublic.com/article/115270/courts-influence-national-security-merely-watching-http://www.newrepublic.com/article/115270/courts-influence-national-security-merely-watching)
While courts rarely intervene directly in national security disputes, they nevertheless play a significant
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more rights-protective direction without a court ordering it to do so.

Tournament: UMKC | Round: 2 | Opponent: UNLV RV | Judge: Ben Warner

1AC — Plan Text

The legislative branch of the United States Federal Government should prohibit the use of offensive cyber operations about which Congress has not been notified.

1AC — Cyber War

Contention one is Cyber War:

The cyber arms race is accelerating — major attacks are inevitable this year — the best data proves

Goldman 13, CNN Writer, Nations Prepare for Cyberwar, http://money.cnn.com/2013/01/07/technology/security/cyber-war/index.html-http://money.cnn.com/2013/01/07/technology/security/cyber-war/index.html
Security analysts are predicting that 2013 is when nation-sponsored cyberwarfare goes mainstream — and some think such attacks will lead to actual deaths.
In 2012, large-scale cyberattacks targeted at the Iranian government-http://money.cnn.com/2012/05/30/technology/flame-virus/index.htm?iid=EL were uncovered, and in return, Iran is believed to have launched massive attacks aimed at U.S. banks-http://money.cnn.com/2012/11/05/technology/security/iran-cyberattack/index.html?iid=EL and Saudi oil companies. At least 12 of the world’s 15 largest military powers are currently building cyberwarfare programs, according to James Lewis, a cybersecurity expert at the Center for Strategic and International Studies.
So a cyber Cold War-http://money.cnn.com/2011/07/28/technology/government_hackers/index.htm?iid=EL is already in progress. But some security companies believe that battle will become even more heated this year.
"Nation states and armies will be more frequent actors and victims of cyberthreats," a team of researchers at McAfee Labs, an Intel (INTC-http://money.cnn.com/quote/quote.html?symb=INTC26source=story_quote_link, Fortune 500-http://money.cnn.com/magazines/fortune/fortune500/2012/snapshots/642.html?iid=EL)subsidiary, wrote in a recent report-http://www.mcafee.com/us/resources/reports/rp-threat-predictions-2013.pdf.
Michael Sutton, head of security research at cloud security company Zscaler-http://www.zscaler.com/, said he expects governments to spend furiously on building up their cyber arsenals. Some may even outsource attacks to online hackers.
The Obama administration and many in Congress have been more vocal-http://money.cnn.com/2012/04/27/technology/cispa-cybersecurity/index.htm?iid=EL about how an enemy nation or a terrorist cell could target the country’s critical infrastructure in a cyberattack. Banks, stock exchanges, nuclear power plants and water purification systems are particularly vulnerable, according to numerous assessments delivered to Congress last year.

And, cyber arms race causes world war — there are no checks on escalation, deterrence doesn’t apply, and only a certain commitment to the plan solves

CSM 11, Christian Science Monitor
(3/7, Mark Clayton, The new cyber arms race, www.csmonitor.com/USA/Military/2011/0307/The-new-cyber-arms-race)
The new cyber arms race Tomorrow’s wars will be fought not just with guns,
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use of cyberattack is ill-formed, undeveloped, and highly uncertain."

That culminates in 3 scenarios for nuclear war

Austin, 8/6, Director of Policy Innovation at the EastWest Institute, Costs of American Cyber Superiority, http://www.chinausfocus.com/peace-security/costs-of-american-cyber-superiority/-http://www.chinausfocus.com/peace-security/costs-of-american-cyber-superiority/
The United States is racing for the technological frontier in military and intelligence uses of cyber space. It is ahead of all others, and has mobilized massive non-military assets and private contractors in that effort. This constellation of private sector opportunity and deliberate government policy has been aptly labeled in recent months and years by so many credible observers (in The Economist, The Financial Times and the MIT Technology Review) as the cyber industrial complex.
The United States is now in the unusual situation where the head of a spy
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effects now visible in public. But there are others, less visible.
The NSA Prism program exists because it is technologically possible and there have been no
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) pre-existing agreements that constrain nuclear weapons deployment and possible use.
The cyber superiority of the United States, while legal and understandable, is now
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, a direct response to particular systems that the other side was building.

And low response times means there’s a greater timeframe and probability than traditional nuclear escalation

Dycus, Professor of National Security Law, 10, Stephen is a Professor of national security law at Vermont Law School, former member of the National Academies committee on cyber warfare, LLM, Harvard University, LLB, BA, Southern Methodist University, "Congress’ Role in Cyber Warfare," Journal of National Security Law 26 Policy, 4(1), 2010, p.161-164, http://www.jnslp.com/read/vol4no1/11_Dycus.pdf-http://www.jnslp.com/read/vol4no1/11_Dycus.pdf
In other ways, cyber weapons are critically different from their nuclear counterparts. For one thing, the time frame for response to a cyber attack might be much narrower. A nuclear weapon delivered by a land-based ICBM could take 30 minutes to reach its target. An electronic attack would arrive instantaneously, and leave no time to consult with or even inform anyone outside the executive branch before launching a counterstrike, if that were U.S. policy.

The mere perception of Presidential control of OCOs fuels foreign uncertainty that causes extinction

Rothschild 2/13, Editor of Progressive Magazine, Matthew Rothschild is the editor of The Progressive magazine, which is one of the leading voices for peace and social justice in this country. Rothschild has appeared on Nightline, C-SPAN, The O’Reilly Factor, and NPR, and his newspaper commentaries have run in the Chicago Tribune, the L.A. Times, the Miami Herald, and a host of other newspapers. Rothschild is the host of "Progressive Radio-http://www.progressive.org/progressive_radio," a syndicated half-hour weekly interview program. And he does a two-minute daily radio commentary, entitled "Progressive Point of View-http://www.progressive.org/progressive_pov," which is also syndicated around the country. Rothschild is the author of You Have No Rights: Stories of America in an Age of Repression (New Press, 2007). He also is the editor of Democracy in Print: The Best of The Progressive, 1909-2009(University of Wisconsin Press, 2009)., The Dangers of Obama’s Cyber War Power Grab, http://progressive.org/dangers-of-obama-cyber-war-power-grab-http://progressive.org/dangers-of-obama-cyber-war-power-grab
There are no checks or balances when the President, alone, decides when to
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successors. They, too, worry about the temptations of a President.

Fortunately, the plan solves, 2 reasons:

First, norm-setting — all eyes are on the U.S. —other countries model our use of OCOs — clear restrictions on use are essential — a treaty will fail

Bradbury 11, Assistant Attorney General for the Office of Legal Counsel
(Steven, The Developing Legal Framework for Defensive and Offensive Cyber Operations, http://harvardnsj.org/wp-content/uploads/2011/02/Vol.-2_Bradbury_Final1.pdf-http://harvardnsj.org/wp-content/uploads/2011/02/Vol.-2_Bradbury_Final1.pdf)
Evolving customary law. This approach also accommodates the reality that how the U.
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norms. I think that’s the way we should want it to work.

A notification requirement is necessary for legal norms

Lorber 13, JD candidate at UPenn and PhD candidate at Duke
(Eric, EXECUTIVE WARMAKING AUTHORITY AND OFFENSIVE CYBER OPERATIONS: CAN EXISTING LEGISLATION SUCCESSFULLY CONSTRAIN PRESIDENTIAL POWER?, www.law.upenn.edu/live/files/1773-lorber15upajconstl9612013)
Should these statutes be adjusted (or new ones created) that give Congress additional
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and other nations develop and employ these capabilities with ever-greater frequency.

Norms are essential to solve — they can’t be created unless OCOs are addressed

Goldsmith 10, Harvard Professor, Can we stop the Cyber Arms Race, Jack Goldsmith teaches at Harvard Law School and is on the Hoover Institution’s Task Force on National Security and Law. He was a member of a 2009 National Academies committee that issued the report "Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities-http://www.anagram.com/berson/nrcoiw.pdf.", http://articles.washingtonpost.com/2010-02-01/opinions/36895669_1_botnets-cyber-attacks-computer-attacks-http://articles.washingtonpost.com/2010-02-01/opinions/36895669_1_botnets-cyber-attacks-computer-attacks
In a speech this month on "Internet freedom-http://www.state.gov/secretary/rm/2010/01/135519.htm," Secretary of State Hillary Clinton decried the cyberattacks-http://www.washingtonpost.com/wp-dyn/content/article/2010/01/21/AR2010012101699.html that threaten U.S. economic and national security interests. "Countries or individuals that engage in cyber attacks should face consequences and international condemnation," she warned, alluding to the China-Google kerfuffle. We should "create norms of behavior among states and encourage respect for the global networked commons."
Perhaps so. But the problem with Clinton’s call for accountability and norms on the global network — a call frequently heard in policy discussions about cybersecurity — is the enormous array of cyberattacks originating from the United States. Until we acknowledge these attacks and signal how we might control them, we cannot make progress on preventing cyberattacks emanating from other countries.
An important weapon in the cyberattack arsenal is a botnet, a cluster of thousands and sometimes millions of compromised computers under the ultimate remote control of a "master." Botnets were behind last summer’s attack on South Korean and American government Web sites, as well as prominent attacks a few years ago on Estonian and Georgian sites. They are also engines of spam that can deliver destructive malware that enables economic espionage or theft.
The United States has the most, or nearly the most, infected botnet computers and is thus the country from which a good chunk of botnet attacks stem. The government could crack down on botnets, but doing so would raise the cost of software or Internet access and would be controversial. So it has not acted, and the number of dangerous botnet attacks from America grows.
The United States is also a leading source of "hacktivists" who use digital tools to fight oppressive regimes. Scores of individuals and groups in the United States design or employ computer payloads to attack government Web sites, computer systems and censoring tools in Iran and China. These efforts are often supported by U.S. foundations and universities, and by the federal government. Clinton boasted about this support seven paragraphs after complaining about cyberattacks.
Finally, the U.S. government has perhaps the world’s most powerful and
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Bob Gourley, the former chief technology officer for the Defense Intelligence Agency.
These warriors are now under the command of Lt. Gen. Keith Alexander,
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S. offensive cyber capabilities, it nominated Alexander to be in charge.
Simply put, the United States is in a big way doing the very things that Clinton criticized. We are not, like the Chinese, stealing intellectual property from U.S. firms or breaking into the accounts of democracy advocates. But we are aggressively using the same or similar computer techniques for ends we deem worthy.
Our potent offensive cyber operations matter for reasons beyond the hypocrisy inherent in undifferentiated condemnation
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would "want to go and take down the source of those attacks."
Our adversaries are aware of our prodigious and growing offensive cyber capacities and exploits.
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arms race in an arena where the offense already has a natural advantage.

====It’s reverse causal — lack of norms guarantee escalatory conflict — the U.S. is key====
Lewis 11, Senior Fellow at CSIS (James Andrew, Confidence-building and international agreement in cybersecurity, citizenlab.org/cybernorms2012/Lewis2011.pdf)
Alternatives to a formal cyber treaty began to appear as early as 2008. Rejecting
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which states might concede a degree of sovereignty in exchange for greater security.

Congress is key — creates transparency and legal stability — executive control snowballs

Harman 13, Director of the Wilson Center
(Jane, The Extrajudicial Use of Drones: The Need for a Post-9/11 Legal Framework, www.wilsoncenter.org/article/the-extrajudicial-use-drones-the-need-for-post-911-legal-framework)
As threats, technologies, and tactics have evolved, the law has not kept
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threat to the US or its citizens. Congress must take the lead.

Second it solves re-assurance — absent Congressional action it’ll be perceived as pushing the envelope

Dycus, Professor of National Security Law, 10, Stephen is a Professor of national security law at Vermont Law School, former member of the National Academies committee on cyber warfare, LLM, Harvard University, LLB, BA, Southern Methodist University, "Congress’ Role in Cyber Warfare," Journal of National Security Law 26 Policy, 4(1), 2010, p.161-164, http://www.jnslp.com/read/vol4no1/11_Dycus.pdf-http://www.jnslp.com/read/vol4no1/11_Dycus.pdf
In his celebrated concurring opinion in The Steel Seizure Case, Justice Jackson cautioned that
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in order to be able to participate in the formulation of national policy.

Perception of Congress is key

Bastby 12, Chairwoman of the American Bar Association’s Privacy and Computer Crime Committee (Judy, CEO of Global Cyber Risk, "U.S. Administration’s Reckless Cyber Policy Puts Nation at Risk" June 4, 2012, http://www.forbes.com/sites/jodywestby/2012/06/04/u-s-administrations-reckless-cyber-policy-puts-nation-at-risk/2/-http://www.forbes.com/sites/jodywestby/2012/06/04/u-s-administrations-reckless-cyber-policy-puts-nation-at-risk/2/)
Perhaps more important than being out of the cyber coordination loop, is the how
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put our nation at risk and demonstrates cyber irresponsiblity, not cyber leadership.

1AC — China

Contention two is China:

====Unfettered presidential control guarantees disaster for allied credibility— restoring legitimacy to OCOs is key to cyber coalitions====
Dunlap 12, Major General and Former Deputy Judge Advocate General
(Lawless Cyberwar? Not If You Want to Win, www.americanbar.org/groups/public_services/law_national_security/patriot_debates2/the_book_online/ch9/ch9_ess2.html-http://www.americanbar.org/groups/public_services/law_national_security/patriot_debates2/the_book_online/ch9/ch9_ess2.html)
Military commanders have seen the no-legal-limits movie before and they do
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impact on coalition support that the mere perception of American lawlessness can have.

The small concession of the plan is key — it increases key flexibility and secures cyberspace

Lord et al 11, Vice President and Director of Studies at the Center for a New American Security
(Kristin M., Travis Sharp is the Bacevich Fellow at the Center for a New American Security. Joseph S. Nye, Jr. is University Distinguished Service Professor at the Kennedy School of  Government at Harvard University. Mike McConnell is Executive Vice President of Booz Allen Hamilton and former Director of  National Intelligence and Director of the National Security Agency. Gary McGraw is Chief Technology Officer of Cigital, Inc., a software security consultancy, and  author of eight books on software security. Nathaniel Fick is Chief Executive Officer of the Center for a New American Security. Thomas G. Mahnken is Jerome E. Levy Chair of Economic Geography and National Security  at the U.S. Naval War College and a Visiting Scholar at the Johns Hopkins School of Advanced  International Studies. Gregory J. Rattray is a Partner at Delta Risk LLC and Senior Vice President for Security at BITS, the  technology policy division of The Financial Services Roundtable. Jason Healey is Director of the Cyber Statecraft Initiative at the Atlantic Council and Executive  Director of the Cyber Conflict Studies Association. Martha Finnemore is Professor of Political Science and International Affairs at The George  Washington University. David A. Gross is a Partner at Wiley Rein LLP and a former Ambassador and Coordinator for  International Communications and Information Policy at the State Department. Nova J. Daly is a Public Policy Consultant at Wiley Rein LLP and former Deputy Assistant Secretary  for Investment Security in the Office of International Affairs at the Treasury Department. M. Ethan Lucarelli is an Associate at Wiley Rein LLP. Roger H. Miksad is an Associate at Wiley Rein LLP. James A. Lewis is a Senior Fellow and Director of the Technology and Public Policy Program at the  Center for Strategic and International Studies. Richard Fontaine is a Senior Fellow at the Center for a New American Security. Will Rogers is a Research Associate at the Center for a New American Security. Christopher M. Schroeder is an Internet entrepreneur, Chief Executive Officer of HealthCentral.com  and a member of the Center for a New American Security’s board of advisors. Daniel E. Geer, Jr. is Chief Information Security Officer of In-Q-Tel, the independent investment firm  that identifies innovative technologies in support of the missions of the U.S. intelligence community. Robert E. Kahn is President and Chief Executive Officer of the Corporation for National Research  Initiatives and co-inventor of the TCP/IP protocol that is the foundation of the modern Internet. Peter Schwartz is Co-Founder and Chairman of Global Business Network and a member of the  Center for a New American Security’s board of directors, "America’s Cyber Future Security and Prosperity in the Information Age volume I" June 2011, http:// www.cnas.org/files/documents/publications/CNAS_Cyber_Volume20I_0.pdf-http://www.cnas.org/files/documents/publications/CNAS_Cyber_Volume I_0.pdf)
The United States should lead a broad, multi-stakeholder international cyber security coalition
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in a way that defends the nation without subverting what it stands for. 

Chinese anti-access capabilities critically depend on cyber — allied cooperation is key to counter them

Kazianis 12, Fellow at the CSIS Pacific Forum, is Assistant Editor for The Diplomat and a non-resident fellow at the Pacific Forum: CSIS. The views expressed in this article are those of the author and do not reflect the position of The Diplomat or Pacific Forum., http://csis.org/files/publication/Pac1241A.pdf-http://csis.org/files/publication/Pac1241A.pdf
US Secretary of Defense Leon Panetta warned that the "next Pearl Harbor we confront
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to reinforce trilateral cooperation with the two countries, as essential Asian allies. 

China’s rapidly modernizing its military for an A2AD strategy — that fuels territorial disputes

RTT 13, China’s Anti-access And Area-denial Capabilities Bolstered: Pentagon Report, http://www.rttnews.com/2111200/china-s-anti-access-and-area-denial-capabilities-bolstered-pentagon-report.aspx-http://www.rttnews.com/2111200/china-s-anti-access-and-area-denial-capabilities-bolstered-pentagon-report.aspx
A new report of the U.S. Defense Department says that China is increasing its rapid military modernization program, and that the advanced technologies bolster China’s anti-access and area-denial capabilities.
The annual report — titled "2013 Military and Security Developments Involving the People’s Republic of China" — was submitted to the Congress on Monday. It covers China’s security and military strategies; developments in its military doctrine, force structure and advanced technologies; the security situation in the Taiwan strait; U.S.-China military-to-military contacts and the U.S. strategy for such engagement; and the nature of China’s cyber activities directed against the Defense Department.
David F. Helvey, Deputy Assistant Secretary of Defense for East Asia, briefed Pentagon reporters on the report. He noted that the report, which DoD coordinates with other agencies, "reflects broadly the views held across the United States government." The report is factual and not speculative, he noted.
Helvey said the trends in this year’s report show "a good deal of continuity in terms of the modernization priorities (of China)," despite the 2012 and 2013 turnover to new leadership in that Communist country.
The document notes that China has launched its first aircraft carrier in 2012 and has been sustaining investments in advanced short- and medium-range conventional ballistic missiles, land-attack and anti-ship cruise missiles, counter-space weapons and military cyberspace systems.
"The issue here is not one particular weapons system. It’s the integration and overlapping nature of these weapons systems into a regime that can potentially impede or restrict free military operations in the Western Pacific. So that’s something that we monitor and are concerned about," Helvey said.
The report provided a lot of information, but also raises some questions. "What concerns me is the extent to which China’s military modernization occurs in the absence of the kind of openness and transparency that others are certainly asking of China," he added.
That lack of transparency has effects on the security calculations of others in the region, "and that’s of greater concern," he noted.
Addressing China’s cyber capabilities, Helvey said "in 2012, numerous computer systems around the world, including those owned by the United States government, continued to be targeted for intrusions, some of which appear to be attributable directly to ~Chinese~ government and military organizations."
The report noted that China has "increased assertiveness with respect to its maritime territorial claims" over the past year. China disputes sovereignty with Japan over islands in the East China Sea, and has other territorial disputes with regional neighbors in the South China Sea.

PLA doctrine proves Chinese aggression against Taiwan and the South China Sea are inevitable — A2AD is the linchpin of this capability

Yoshihara 10 (Dr. Toshi Yoshihara, Associate Professor in the Strategy and Policy Department at the Naval War College, former Visiting Professor at the U.S. Air War College, Ph.D. International Relations, The Fletcher School of Law and Diplomacy, Tufts University, M.A. International Relations, School of Advanced International Studies, Johns Hopkins University, B.S. International Relations, School of Foreign Service, Georgetown University, "Chinese Missile Strategy and the U.S. Naval Presence in Japan: The Operational View from Beijing," Naval War College Review, 7-1-2010, (... denotes non-US-ASCII text omitted) http://www.faqs.org/periodicals/201007/2046727461.html-http://www.faqs.org/periodicals/201007/2046727461.html)
In recent years, defense analysts in the United States have substantially revised their estimates of China’s missile prowess. A decade ago, most observers rated Beijing’s ballistic missiles as inaccurate, blunt weapons limited to terrorizing civilian populations. Today, the emerging consensus within the U.S. strategic community is that China’s arsenal can inflict lethal harm with precision on a wide range of military targets, including ports and airfields. As a consequence, many observers have jettisoned previously sanguine net assessments that conferred decisive, qualitative advantages to Taiwan in the cross-strait military balance. Indeed, the debates on China’s coercive power and Taiwan’s apparent inability to resist such pressure have taken on a palpably fatalistic tone. A 2009 RAND monograph warns that China’s large, modern missile and air forces are likely to pose a virtually insurmountable challenge to Taiwanese and American efforts to command the air over the strait and the island. The authors of the report believe that massive ballistic-missile salvos launched against Taiwan’s air bases would severely hamper Taipei’s ability to generate enough fighter sorties to contest air superiority. They state: "As China’s ability to deliver accurate fire across the strait grows, it is becoming increasingly difficult and soon may be impossible for the United States and Taiwan to protect the island’s military and civilian infrastructures from serious damage."1 As a result, the authors observe, "China’s ability to suppress Taiwan and local U.S. air bases with ballistic and cruise missiles seriously threatens the defense’s ability to maintain control of the air over the strait."2 They further assert, "The United States can no longer be confident of winning the battle for the air in the air. This represents a dramatic change from the first five-plus decades of the China- Taiwan confrontation."3 An unclassified Defense Intelligence Agency report assessing the state of Taiwan’s air defenses raises similar concerns. The study notes that Taiwanese fighter aircraft would be unable to take to the air in the absence of well-protected airfield runways, suggesting a major vulnerability to the island’s airpower. The agency further maintains that Taiwan’s capacity to endure missile attacks on runways and to repair them rapidly will determine the integrity of the island’s air-defense system.4 While the report withholds judgment on whether Taipei can maintain air superiority following Chinese missile strikes in a conflict scenario, a key constituent of the U.S. intelligence community clearly recognizes a growing danger to Taiwan’s defense. China’s missiles also threaten Taiwan’s ability to defend itself at sea. William Murray contends that China could sink or severely damage many of Taiwan’s warships docked at naval piers with salvos of ballistic missiles. He argues that "the Second Artillery’s ~China’s strategic missile command’s~ expanding inventory of increasingly accurate ~short-range ballistic missiles~ probably allows Beijing to incapacitate much of Taiwan’s navy and to ground or destroy large portions of the air force in a surprise missile assault and follow-on barrages."5 These are stark, sobering conclusions. Equally troubling is growing evidence that China has turned its attention to Japan, home to some of the largest naval and air bases in the world. Beijing has long worried about Tokyo’s potential role in a cross-strait conflagration. In particular, Chinese analysts chafe at the apparent American freedom to use the Japanese archipelago as a springboard to intervene in a Taiwan contingency. In the past, China kept silent on what the People’s Liberation Army (PLA) would do in response to Japanese logistical support of U.S. military operations. Recent PLA publications, in contrast, suggest that the logic of missile coercion against Taiwan could be readily applied to U.S. forward presence in Japan. The writings convey a high degree of confidence that China’s missile forces could compel Tokyo to limit American use of naval bases while selectively destroying key facilities on those bases. These doctrinal developments demand close attention from Washington and Tokyo, lest the transpacific alliance be caught flat-footed in a future crisis with Beijing. This article is a first step toward better understanding how the Chinese evaluate the efficacy of  missile coercion against American military targets in Japan. This article focuses narrowly on Chinese assessments of U.S. naval bases in Japan, excluding the literature on such other key locations as the Kadena and Misawa air bases. The writings on the American naval presence are abundant and far more extensive than studies on the land and air components of U.S. basing arrangements. The dispatch of two carrier battle groups to Taiwan’s vicinity during the 1996 cross-strait crisis stimulated Beijing’s reevaluation of its military strategy toward the island. Not surprisingly, the Chinese are obsessed with the U.S. aircraft carrier, including the facilities and bases that support its operations. It is against this rich milieu that this study explores how the Chinese conceive their missile strategy to complicate American use of military bases along the Japanese archipelago. This article first explores the reasons behind Beijing’s interest in regional bases and surveys the Chinese literature on the U.S. naval presence in Japan to illustrate the amount of attention being devoted to the structure of American military power in Asia. Chinese analysts see U.S. dependence on a few locations for power projection as a major vulnerability. Second, it turns to Chinese doctrinal publications, which furnish astonishing details as to how the PLA might employ ballistic missiles to complicate or deny U.S. use of Japanese port facilities. Chinese defense planners place substantial faith in the coercive value of missile tactics. Third, the article assesses China’s conventional theater ballistic missiles that would be employed against U.S. regional bases. Fourth, it critiques the Chinese writings, highlighting some faulty assumptions about the anticipated effects of missile coercion. Finally, the study identifies some key operational dilemmas that the U.S.-Japanese alliance would likely encounter in a PLA missile campaign. EXPLAINING CHINA’S INTEREST IN REGIONAL BASES Taiwan remains the animating force behind China’s strategic calculus with respect to regional bases in Asia. Beijing’s inability to respond to the display of U.S. naval power at the height of the 1996 Taiwan Strait crisis proved highly embarrassing. There is evidence that the PLA had difficulty in monitoring the movement of the two carrier battle groups, much less in offering its civilian leaders credible military options in response to the carrier presence. This galling experience steeled Beijing’s resolve to preclude U.S. naval deployments near Taiwan in a future crisis. Notably, the Yokosuka-based USS Independence (CV 62) was the first carrier to arrive at the scene in March 1996, cementing Chinese expectations that Washington would dispatch a carrier from Japan in a contingency over Taiwan. Beyond Taiwan, other territorial disputes along China’s nautical periphery could involve U.S. naval intervention. A military crisis arising from conflicting Sino-Japanese claims over the Senkaku (Diaoyu) islands northwest of Taiwan could compel an American reaction. While doubts linger in some Japanese policy circles as to whether foreign aggression against the islands would trigger Washington’s defense commitments as stipulated by the U.S.-Japanese security treaty, joint allied exercises and war games since 2006 suggest that the U.S. military is closely watching events in the East China Sea. Farther south, Chinese territorial claims over large swaths of the South China Sea could also be sources of regional tensions. If a local tussle there escalated into a larger conflagration that threatened international shipping, the U.S. Navy might be ordered to maintain freedom of navigation. In both scenarios, the U.S. carrier based in Japan and other strike groups operating near Asian waters would be called upon as first responders. Concrete territorial disputes that have roiled Asian stability are not the only reasons that American naval power would sortie from regional bases to the detriment of Chinese interests. More abstract and esoteric dynamics may be at work. For example, Chinese leaders fret about the so-called Malacca dilemma. China’s heavy dependence on seaborne energy supplies that transit the Malacca Strait has set off Chinese speculation that the United States might seek to blockade that maritime choke point to coerce Beijing.6 This insecurity stems less from judgments about the possibility or feasibility of such a naval blockade than from the belief that a great power like China should not entrust its energy security to the fickle goodwill of the United States. If the U.S. Navy were ever called upon to fulfill an undertaking of such magnitude, forward basing in Asia would undoubtedly play a pivotal role in sustaining what could deteriorate into a protracted blockade operation. Chinese analysts have also expressed a broader dissatisfaction with America’s self-appointed role as the guardian of the seas. Sea-power advocates have vigorously pushed for a more expansive view of China’s prerogatives along the maritime periphery of the mainland. They bristle at the U.S. Navy’s apparent presumption of the right to command any parcel of the ocean on earth, including areas that China considers its own nautical preserves. Some take issue with the 2007 U.S. maritime strategy, a policy document that baldly states, "We will be able to impose local sea control wherever necessary, ideally in concert with friends and allies, but by ourselves if we must."7 Lu Rude, a former professor at Dalian Naval Academy, cites this passage as evidence of U.S. "hegemonic thinking." He concludes, "Clearly, what is behind ’cooperation’ is America’s interests, having ’partners or the participation of allies’ likewise serves America’s global interests."8 Some Chinese, then, object to the very purpose of U.S. sea power in Asia, which relies on a constellation of regional bases for its effects to be felt (see map). Long-standing regional flash points and domestic expectations of a more assertive China as it goes to sea suggest that Beijing’s grudging acceptance of U.S. forward presence could be eroding even more quickly than once thought. Against this backdrop of increasing Chinese ambivalence toward American naval power, U.S. basing arrangements in Japan have come into sharper focus. CHINESE VIEWS OF U.S. NAVAL BASES IN JAPAN Some Chinese strategists appraise Washington’s military posture in the Asia-Pacific region in stark geopolitical terms. Applying the "defense perimeter of the Pacific" logic elaborated by Secretary of State Dean Acheson in the early Cold War, they see their na - tion enclosed by concentric, layered "island chains." The United States and its allies, they argue, can encircle China or blockade the Chinese mainland from island strongholds, where powerful naval expeditionary forces are based. Analysts who take such a view conceive of the island chains in various ways. Yu Yang and Qi Xiaodong, for example, describe U.S. basing architecture in Asia as a "three line configuration ~...~."9 The first line stretches in a sweeping arc from Japan and South Korea to Diego Garcia in the Indian Ocean, forming a "zone of forward bases~...~." This broad notion that the U.S. presence in the western Pacific and the Indian Ocean constitutes a seamless, interlocking set of bases is widely shared in Chinese strategic circles.10 The second line connects Guam and Australia. The last line of bases runs north from Hawaii through Midway to the Aleutians, terminating at Alaska. While these island chains may bear little resemblance to actual U.S. thinking and planning, that the Chinese pay such attention to the geographic structure of American power in Asia is quite notable. These observers discern a cluster of mutually supporting bases, ports, and access points along these island chains. Among the networks of bases in the western Pacific, those located on the Japanese archipelago-the northern anchor of the first island chain-stand out, for the Chinese. Modern Navy, a monthly journal published by the Political Department of the People’s Liberation Army Navy, produced a seven-part series on Japan’s Maritime Self-Defense Force in 2004 and 2005. Notably, it devoted an entire article to Japan’s main naval bases, including Yokosuka, Sasebo, Kure, and Maizuru.11 The depth of the coverage of these bases is rather remarkable, especially when compared to the sparse reporting on similar topics in the United States and in Japan. Perhaps no other place captures the Chinese imagination as much as Yokosuka, which analysts portray as the centerpiece of U.S. basing in Asia.12 One analysis depicts a "Northeast Asian base group ~...~" radiating outward from Yokosuka to Sasebo, Pusan, and Chinhae.13 Writers provide a wide range of details about the Yokosuka naval base, including its precise location, the surrounding geography, the number of piers (particularly those suitable for aircraft carriers), the types and number of maintenance facilities, and the storage capacity of munitions, fuel, and other supply depots.14 Wu Jian, for instance, finds the geographic features of Yokosuka comparable to those of Dalian, a major base of the Chinese navy’s North Sea Fleet.15 Beyond physical similarities, Yokosuka evokes unpleasant memories for the Chinese. One commentator recalls the U.S. transfer of 203 mm heavy artillery from Yokosuka to Nationalist forces on Jinmen during the 1958 Taiwan Strait crisis.16 Tracking more recent events, another observer notes that the Kitty Hawk Strike Group’s deployments from Yokosuka to waters near Taiwan invariably coincided with the presidential elections on the island, in 2000, 2004, and 2008.17 As Pei Huai opines, "Yokosuka has all along irritated the nerves of the Chinese people."18 Moreover, Chinese analysts are keenly aware of Yokosuka’s strategic position. As Du Chaoping asserts: Yokosuka is the U.S. Navy’s main strategic point of concentration and deployment in the Far East and is the ideal American stronghold for employing maritime forces in the Western Pacific and the Indian Ocean regions. A carrier deployed there is akin to the sharpest dagger sheathed in the Western Pacific by the U.S. Navy. It can control the East Asian mainland to the west and it can enter the Indian Ocean to the southwest to secure Malacca, Hormuz, and other important thoroughfares.19 Ma Haiyang concurs: The Yokosuka base controls the three straits of Soya, Tsugaru, Tsushima and the sea and air transit routes in the Indian Ocean. As the key link in the "island chain," it can support ground operations on the Korean Peninsula and naval operations in the Western Pacific. It can support combat in the Middle East and Persian Gulf regions while monitoring and controlling the wide sea areas of the Indian Ocean. Its strategic position is extremely important.20 It is notable that both Du and Ma conceive of Yokosuka as a central hub that tightly links the Pacific and Indian oceans into an integrated theater of operations. Intriguingly, some Chinese commentators view Yokosuka as the front line of the U.S.-Japanese defense cooperation on missile defense. They worry that Aegis-equipped destroyers armed with ballistic-missile-defense (BMD) systems based in Yokosuka could erode China’s nuclear deterrent. Indeed, analysts see concentrations of sea-based BMD capabilities falling roughly along the three island chains described above. Ren Dexin describes Yokosuka as the first line of defense against ballistic missiles, while Pearl Harbor and San Diego provide additional layers.21 Yokosuka is evocatively portrayed as the "forward battlefield position" (...), the indispensable vanguard for the sea-based BMD architecture.22 For some Chinese, these concentric rings or picket lines of sea power appear tailored specifically to bring down ballistic missiles fired across the Pacific from locations as diverse as the Korean Peninsula, 1mainland China, India, or even Iran.23 Specifically, Aegis ships in Yokosuka, Pearl Harbor, and San Diego would be positioned to shoot down missiles in their boost, midcourse, and terminal phases, respectively.24 Chinese observers pay special attention to Aegis deployments along the first island chain. Some believe that Aegis ships operating in the Yellow, East, and South China seas would be able to monitor the launch of any long-range ballistic missile deployed in China’s interior and perhaps to intercept the vehicle in its boost phase. Dai Yanli warns, "Clearly, if Aegis systems are successfully deployed around China’s periphery, then there is the possibility that China’s ballistic missiles would be destroyed over their launch points."25 Ji Yanli, of the Beijing Aerospace Long March Scientific and Technical Information Institute, concurs: "If such ~seabased BMD~ systems begin deployment in areas such as Japan or Taiwan, the effectiveness of China’s strategic power and theater ballistic-missile capabilities would weaken tremendously, severely threatening national security."26 Somewhat problematically, the authors seemingly assume that Beijing would risk its strategic forces by deploying them closer to shore, and they forecast a far more capable Aegis fleet than is technically possible in the near term. The indispensability of the ship-repair and maintenance facilities at Yokosuka emerges as another common theme in the Chinese literature. Analysts in China often note that Yokosuka is the only base west of Hawaii that possesses the wherewithal to handle major carrier repairs. Some have concluded that Yokosuka is irreplaceable as long as alternative sites for a large repair station remain unavailable. Li Daguang, a professor at China’s National Defense University and a frequent commentator on naval affairs, casts doubt on Guam as a potential candidate, observing that the island lacks the basic infrastructure and economies of scale to service carriers.27 China’s Jianchuan Zhishi (Naval and Merchant Ships) published a translated article from a Japanese military journal, Gunji Kenkyu (Japan Military Review), to illustrate the physical limits of Guam as a permanent home port for carriers.28 Chinese analysts also closely examine Sasebo, the second-largest naval base in Japan. Various commentators call attention to its strategic position near key sea-lanes and its proximity to China.29 As Yu Fan notes, "This base is a large-scale naval base closest to our country. Positioned at the intersection of the Yellow Sea, the East China Sea, and the Sea of Japan, it guards the southern mouth of the Korea Strait. This has very important implications for controlling the nexus of the Yellow Sea, the East China Sea, and the Sea of Japan and for blockading the Korea Strait."30 It is clear, then, that Chinese strategists recognize the importance of U.S. naval bases in Japan for fulfilling a range of regional and extraregional responsibilities. Indeed, some believe that the American strategic position in Asia hinges entirely on ready military access to bases on the Japanese islands. Tian Wu argues that without bases in Japan, U.S. forces would have to fall back to Guam or Hawaii. Tian bluntly asserts: If the U.S. military was ever forced to withdraw from Okinawa and Japan, then it would be compelled to retreat thousands of kilometers to set up defenses on the second island chain. Not only would it lose tremendous strategic defensive depth, but it would also lose the advantageous conditions for conducting littoral operations along the East Asian mainland while losing an important strategic relay station to support operations in the Indian Ocean and the Middle East through the South China Sea.31 This emerging discourse offers several clues about Beijing’s calculus in regard to U.S. naval basing arrangements in Japan. Chinese strategists see these bases as collectively representing both a threat to Chinese interests and a critical vulnerability for the United States. Bases in Japan are the most likely locations from which the United States would sortie sea power in response to a contingency over Taiwan. At the same time, the Chinese are acutely aware of the apparent American dependence on a few bases to project power. Should access to and use of these bases be denied for political or military reasons, they reason, Washington’s regional strategy could quickly unravel. While the commentaries documented above are by no means authoritative in the official sense, they are clearly designed to underscore the strategic value and the precariousness of U.S. forward presence in Japan. U.S. BASES IN JAPAN AND CHINESE MISSILE STRATEGY Authoritative PLA documents correlate with this emerging consensus that U.S. bases on the Japanese home islands merit close attention in strategic and operational terms. Indeed, Chinese doctrinal writings clearly indicate that the American presence in Japan would likely be the subject of attack if the United States were to intervene in a cross-strait conflict. The unprecedented public availability of primary sources in China in recent years has opened a window onto Chinese strategic thought, revealing a genuinely competitive intellectual environment that has substantially advanced Chinese debates on military affairs. This growing literature has also improved the West’s understanding of the PLA. In an effort to maximize this new openness in China, this article draws upon publications closely affiliated with the PLA, including those of the prestigious Academy of Military Science and the National Defense University, that address coercive campaigns against regional bases in Asia.32 Some are widely cited among Western military analysts as authoritative works that reflect current PLA thinking. Some likely enjoy official sanction as doctrinal guidance or educational material for senior military commanders. The authors of the studies are high-ranking PLA officers who are either leading thinkers in strategic affairs and military operations or boast substantial operational and command experience. These works, then, collectively provide a sound starting point for examining how regional bases in Asia might fit into Chinese war planning. Among this literature, The Science of Military Strategy stands out in Western strategic circles as an authoritative PLA publication. The authors, Peng Guangqian and Yao Youzhi, advocate an indirect approach to fighting and prevailing against a superior adversary in "future local wars under high-technology conditions."33 To win, the PLA must seek to avoid or bypass the powerful field forces of the enemy while attacking directly the vulnerable rear echelons and command structures that support frontline units. Using the human body as an evocative metaphor for the adversary, Peng and Yao argue, "As compared with dismembering the enemy’s body step by step, destroying his brain and central nerve system is more meaningful for speeding up the course of the war."34 To them, the brain and the central nervous system of a war machine are those principal directing and coordinating elements without which the fighting forces wither or collapse. The aim, then, is to conduct offensive operations against the primary sources of the enemy’s military power, what the authors term the "operational system." They declare, "After launching the war, we should try our best to fight against the enemy as far away as possible, to lead the war to enemy’s operational base, even to his source of war, and to actively strike all the effective strength forming the enemy’s war system."35 In their view, operational systems that manage command and control and logistics (satellites, bases, etc.), are the primary targets; they relegate tactical platforms that deliver firepower (warships, fighters, etc.) to a secondary status. To illustrate the effects of striking the source of the enemy’s fighting power, Peng and Yao further argue: To shake the stability of enemy’s war system so as to paralyze his war capabilities has already become the core of the contest between the two sides in the modern hightech local war. So, more attention should be paid to striking crushing blows against the enemy’s structure of the operational system . . . especially those vulnerable points which are not easy to be replaced or revived, so as to make the enemy’s operational system seriously unbalanced and lose initiative in uncontrollable disorder.36 The authors are remarkably candid about what constitutes the enemy’s operational system. Particularly relevant to this study is their assertion that the supply system emerges as a primary target: The future operational center of gravity should not be placed on the direct confrontation with the enemy’s assault systems. We should persist in taking the information system and support system as the targets of first choice throughout. . . . In regard to the supply system, we should try our best to strike the enemy on the ground, cut the material flow of his efficacy sources so as to achieve the effect of taking away the firewood from the caldron.37 Destruction of the supply system in effect asphyxiates the adversary. In order to choke off the enemy’s capacity to wage war, Peng and Yao contend, a "large part of the supply systems must be destroyed."38 Their prescriptions for winning local high-tech wars suggest that the horizontal escalation of a conflict to U.S. regional bases in Asia is entirely thinkable. Even more troubling, some Chinese appear to envision the application of substantial firepower to pummel the U.S. forward presence. While The Science of Military Strategy should not be treated as official strategic guidance to the PLA, its conceptions of future conflict with a technologically superior adversary provide a useful framework for thinking about what a Chinese missile campaign against regional bases might entail. There is substantial evidence in Chinese doctrinal writings that PLA defense planners anticipate the possibility of a sizable geographic expansion of the target set, to include U.S. forward presence in East Asia. Although the documents do not explicitly refer to naval bases in Japan, they depict scenarios strongly suggesting that Yokosuka is a primary target. In the hypothetical contingencies posited in these writings, U.S. intervention is a critical premise, if not a given. In particular, Chinese planners expect Washington to order the deployment of carrier strike groups near China’s coast, a prospect that deeply vexes Beijing. It is in this context of a highly stressful (though by no means inconceivable) scenario that U.S. military bases come into play in Chinese operational thinking. For PLA planners, the primary aims are to deter, disrupt, or disable the employment of carriers at the point of origin, namely, the bases from which carriers would sortie. Given the limited capability, range, and survivability of China’s air and sea power, most studies foresee the extensive use of long-range conventional ballistic missiles to achieve key operational objectives against U.S. forward presence. In Intimidation Warfare, Zhao Xijun proposes several novel missile tactics that could be employed to deter the use of naval bases in times of crisis or war.39 Zhao proposes demonstration shots into sea areas near the enemy state to compel the opponent to back down. Zhao explains, "Close-in (near border) intimidation strikes involve firing ballistic missiles near enemy vessels or enemy states (or in areas and sea areas of enemy-occupied islands). It is a method designed to induce the enemy to feel that it would suffer an unbearable setback if it stubbornly pursues an objective, and thus abandons certain actions."40 One tactic that Zhao calls a "pincer, close-in intimidation strike" is particularly relevant to missile options against U.S. military bases. Zhao elaborates: "Pincer close-in intimidation strikes entail the firing of ballistic missiles into the sea areas (or land areas) near at least two important targets on enemy-occupied islands (or in enemy states). This enveloping attack, striking the enemy’s head and tail such that the enemy’s attention is pulled in both directions, would generate tremendous psychological shock."41 Zhao also proposes an "island over-flight attack" as a variation of the pincer strike. He states: For high-intensity intimidation against an entrenched enemy on an island, an island over-flight attack employs conventional ballistic missiles with longer range and superior penetration capabilities to pass over the enemy’s important cities and other strategic targets to induce the enemy to sense psychologically that a calamity will descend from the sky. This method could produce unexpected effects.42 While these missile tactics are primarily aimed at coercing Taiwan, they could also, in theory, be applied to any island nation. Reminiscent of the 1996 crossstrait crisis, the PLA could splash single or multiple ballistic missiles into waters near Yokosuka (shot across Honshu Island, over major metropolitan cities) in the hopes that an intimidated leadership in Tokyo would stay out of a contingency over Taiwan, deny American access to military facilities, or restrict U.S. use of naval bases in Japan. Should deterrence through intimidation fail, the Chinese may seek to complicate U.S. naval operations originating from bases located in the Japanese home islands. The Science of Second Artillery Campaigns, the most authoritative work on the PLA’s strategic rocket forces, furnishes astonishingly vivid details on the conditions under which China might seek to conduct conventional missile operations against outside intervention.43 

Taiwan crisis is imminent and causes nuclear war — it’s the most probable

Colby and Denmar, et al 13, Elbridgc A. Colby. cochair, is a principal analyst and drvison lead for global strategic affairs at the Center for Naval Analyses (CNA). where he focuses on strateg deterrence, nuclear weapons, and related issues. Previously, he served as policy adviser to the secretary of defense’s representative for the new Strategic Arms Reduction Treaty, as an expert adviser to the Congressional Strategic Posture Commission, as a staff member on the President’s Commission on the Intdhgcnce Capa biLities of the US. Regarding WMD. and in a number of other government positions. Mr. Colby also serves or has served as a consultant to a number of U.S government bodies. He publishes and speaks regularly on strategic issues in the United States. Europe, and Asia. Mr. Colby is a graduate of Harvard College and Yale Law School and is a member of the Council on Foreign Rdations (term) and of the International Institute of Strategic Studies Abraham M. Denmark. cochair. is vice president for political and security affairs at the National Bure-au of Asian Research (NBR) and is an Asia-Pacific security adviser at the Center for Naval Analyses. He manages NBR research programs, dialogues, projects, and initiatives reLated to po. litical and security issues in the Asia-Pacific region. He has experience both inside and outside of government, having previously worked as a fellow at the Center for a New American Security and as country director for China affairs in the Office of the Secretary of Deknse. Mr. Denmark holds an MA. in international security from the Josef Korbel Schoel of International Studies at the University of Denver and has studied at China’s Foreign Atfairs University and Peking Universit, Nuclear Weapons and U.S.-China Relations, http://csis.org/files/publication/130307_Colby_USChinaNuclear_Web.pdf-http://csis.org/files/publication/130307_Colby_USChinaNuclear_Web.pdf
Taiwan.  Taiwan remains the single most plausible and dangerous source of tension and conflict
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of U.S. defense commitments in the Asia-Pacific region.

So does conflict over the South China Sea

Rehman, 3/9, Stanton Nuclear Security Fellow, Iskander Rehman was an associate in the Nuclear Policy Program at the Carnegie Endowment and a Stanton Nuclear Security Fellow. His research focuses on security and crisis stability in Asia, specifically the geopolitical ramifications of naval nuclearization in the Indian Ocean, 3/9/13, Dragon in a Bathtub: Chinese Nuclear Submarines and the South China Sea, http://carnegieendowment.org/2013/03/09/dragon-in-bathtub-chinese-nuclear-submarines-and-south-china-sea/fpjl-http://carnegieendowment.org/2013/03/09/dragon-in-bathtub-chinese-nuclear-submarines-and-south-china-sea/fpjl
Despite America’s best efforts to construct stronger ties with China-http://www.foreignaffairs.com/articles/64946/elizabeth-c-economy-and-adam-segal/the-g-2-mirage, relations in-between
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foreign military presence within its maritime backyard has yet to be clearly articulated.
Indeed, not only is the South China Sea one of the world’s busiest trade
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before it even manages to slip through the chinks of first island chain.
This concern helps explain China’s growing intolerance to foreign military activities in the South China
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, Chinese sailors reportedly attempted to unhook the Impeccable’s towed acoustic array sonars.
In public, China’s protests over foreign military activities are couched in territorial terms.
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-bang in the middle of one of the world’s busiest maritime highways.
Needless to say, this location is hardly ideal. When it comes to picking
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to the more proximate Paracels, would greatly facilitate this concentric defensive configuration.
Until not long ago, China’s strategic submarine force wasn’t really taken seriously. Their
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is also rapidly morphing into one of the world’s most sensitive nuclear hotspots.

Tournament: Harvard | Round: 2 | Opponent: Rochester AL | Judge: Martin Osborne

1AC Plan

The United States federal judiciary should rule that individuals in military detention who have won their habeas corpus hearing cannot be detained.

1AC Legitimacy

Contention One is Legitimacy

In Kiyemba, the court ruled the right to habeas doesn’t give the power to release a detainee or stop transfer

Milko 12
~Winter, 2012, Jennifer L. Milko, "Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidance", 50 Duq. L. Rev. 173~
After the Boumediene and Munaf cases, it was clear that the United States district
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Court denied the writ on March 22, 2010. n93 ~*186~ 

These rulings make habeas useless—this abdicates the Court’s key role

Milko 12 ~Winter, 2012, Jennifer L. Milko, "Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidance", 50 Duq. L. Rev. 173~
A. Arguments for a Remedy By urging deference to the Executive Branch, the
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being improperly limited, as they are not utilizing their constitutional power properly.

This undoes Boumediene — it’s the crucial "test" of the Court’s global leadership – specifically it’s key to rule of law during conflict

Scharf 9, Professor Michael P. Scharf, PILPG Managing Director, John Deaver Drinko — Baker 26 Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, BRIEF OF THE PUBLIC INTERNATIONAL LAW 26 POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf
The precedent of this Court has a significant impact on rule of law in foreign
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law during times of conflict, and foreign governments have followed this lead.

That independently stops extinction

Weston 91 – Chair of the International and Comparative Law Program @ The University of Iowa ~Weston, Burns H., "Logic and Utility of a Lawful United States Foreign Policy," Transnational Law 26 Contemporary Problems, Vol. 1, Issue 1 (Spring 1991), pp. 1-14
To begin with, it is not healthy for people (and for other living
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them, with frightening ease and speed, to almost anywhere on earth.
In sum, it is respect (or lack of respect) for international law
AND
of choice. It is, quite simply, a matter of survival.
2. Respect for International Law Enhances International Stability
Living as we do in the twilight years of the global Middle Ages, characterized
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what we call international law-are observed rather well on the whole.
On the other hand, when States bend, twist, or otherwise show disrespect
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rule of law there could be no assurance of inter-governmental stability.
Of course, States-especially the major powers-are perfectly capable of unilaterally resisting the doctrines, principles, and rules of international law without necessarily feeling directly the destabilizing impact that their noncompliance ultimately has on the wider structure of international law and order itself. The probability of being formally punished for violating international law is usually so slim that foreign policy strategists commonly give little or no weight to the cost of decision-making marked by dubious legality.

Reaffirming habeas rights shape global legal development through transnational judicial dialogue—credible remedy is key

Scharf et al 9 ~Professor Michael P. Scharf is the PILPG Managing Director, John Deaver Drinko — Baker 26 Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, "BRIEF OF THE PUBLIC INTERNATIONAL LAW 26 POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS", www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf~

TRANSNATIONAL JUDICIAL DIALOGUE CONFIRMS THIS COURT’S LEADERSHIP IN PROMOTING ADHERENCE TO RULE OF LAW IN
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promoting respect for rule of law in foreign states during times of conflict.

Legitimacy makes hegemony sustainable and effective—only stability, perception, and de-politicization of court decisions on the aff solve

Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~
American unipolarity has created a challenge for realists. Unipolarity was thought to be inherently
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the same project that the courts constantly grapple with in adjudicating domestic disputes.

Only judicial clarification of a meaningful right to habeas solves

Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~
The Bush Administration’s detainee policy made clear that - due to America’s power - the
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and reinforces the sense that our constitutional values reflect universal human rights. n449

Legitimacy solves global peace — the alternative is great power transition wars

Kromah 9~February 2009, Masters in IR, Lamii Moivi Kromah at the Department of International Relations
University of the Witwatersrand, "The Institutional Nature of U.S. Hegemony: Post 9/11", http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf?sequence=1~~
A final major gain to the United States from the benevolent hegemony has perhaps been
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to facilitate its ability to extract contributions from other members of the system.

The best data proves — everything is getting better because of hegemony — shocks to the system cause global instability

Josh Busby 12, Assistant Professor of Public Affairs and a fellow in the RGK Center for Philanthropy and Community Service as well as a Crook Distinguished Scholar at the Robert S. Strauss Center for International Security and Law, http://duckofminerva.blogspot.com/2012/01/get-real-chicago-ir-guys-out-in-force.html
Is Unipolarity Peaceful? As evidence, Monteiro provides metrics of the number of years
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that makes other states insecure, even though they can’t balance against it.

2,000 years of history prove unipolar systems are comparatively more stable—status based competition is inevitable

Wolforth et. al 11 (William is the Daniel Webster Professor at Dartmouth College, where he teaches in the Department of Government.  Edited by Michael Mastanduno, Professor of Government and Dean of Faculty at Dartmouth College, and G. John Ikenberry, Professor of Politics and International Affairs at Princeton University, "Unipolarity, status competition, and great power war" International Relations Theory and the Consequences of Unipolarity pg. 48-49) BW
General patterns of evidence
Despite increasingly compelling findings concerning the importance of status seeking in human behavior, research
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Rome, Assyria, the Amarna system – appears consistent with the hypothesis.

Prefer our data —- there’s causation and correlation between hegemony and peace —- it facilitates cooperation

Owen 11 ~John Owen, Associate professor in the University of Virginia’s Department of Politics,  recipient of fellowships from the Olin Institute for Strategic Studies at Harvard, and the Center for International Security and Cooperation at Stanford, and the Center of International Studies at Princeton, PhD in international relations from Harvard, February 11, 2011, "Don’t Discount Hegemony, www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/~
Andrew Mack and his colleagues at the Human Security Report Project are to be congratulated
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U.S. material and moral support for liberal democracy remains strong.

Interdisciplinary consensus of biology, economics, anthropology, sociology, psychology, and neuroscience proves status competition is inevitable

Wohlforth 9 William, professor of government at Dartmouth College, " Unipolarity, Status Competition, and Great Power War"Project Muse
Mainstream theories generally posit that states come to blows over an international status quo only
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ways that directly contradict their material interest in security and/or prosperity. 

1AC Democracy

Contention two is Democracy:

Kiyemba created a model of runaway executive power undermining the global rule of law

Vaughn and Wiliams, Professors of Law, 13 ~2013, Katherine L. Vaughns B.A. (Political Science), J.D., University of California at Berkeley. Professor of Law, University of Maryland Francis King Carey School of Law, and Heather L. Williams, B.A. (French), B.A. (Political Science), University of Rochester, J.D., cum laude, University of Maryland Francis King Carey School of Law, "OF CIVIL WRONGS AND RIGHTS: 1 KIYEMBA V. OBAMA AND THE MEANING OF FREEDOM, SEPARATION OF POWERS, AND THE RULE OF LAW TEN YEARS AFTER 9/11", Asian American Law Journal, Vol. 20, 2013, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2148404~~
When it denied certiorari in Kiyemba III, the Supreme Court missed the opportunity to
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they both undoubtedly implicate individual constitutional rights and the separation of powers. 

Democratic transitions are coming now — Supreme Court influence is the determining factor

Suto 11, Research Associate at Tahrir Institute and J.D.  
~07/15/11, Ryan Suto is a Research Associate at Tahrir Institute for Middle East Policy, has degrees in degrees in law, post-conflict reconstruction, international relations and public relations from Syracuse Law, "Judicial Diplomacy: The International Impact of the Supreme Court", http://jurist.org/dateline/2011/07/ryan-suto-judicial-diplomacy.php~~
The Court is certainly the best institution to explain to scholars, governments, lawyers
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key legal concepts. This is an opportunity that should not be wasted.

Promoting a strong judiciary is necessary to make those transitions stable and democratic—detention policies guarantee global authoritarianism

CJA 4, Center for Justice and Accountability
~OCTOBER 2004, The Center for Justice 26 Accountability ("CJA") seeks, by use of the legal systems, to deter torture and other human rights abuses around the world., "BRIEF OF the CENTER FOR JUSTICE AND ACCOUNTABILITY, the INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, and INDIVIDUAL ADVOCATES for the INDEPENDENCE of the JUDICIARY in EMERGING DEMOCRACIES as AMICI CURIAE IN SUPPORT OF PETITIONERS", http://www.cja.org/downloads/Al-Odah_Odah_v_US___Rasul_v_Bush_CJA_Amicus_SCOTUS.pdf~~
A STRONG, INDEPENDENT JUDICIARY IS ESSENTIAL TO THE PROTECTION OF INDIVIDUAL FREEDOMS AND THE ESTABLISHMENT OF STABLE GOVERNANCE IN EMERGING DEMOCRACIES AROUND THE WORLD. A. Individual Nations Have Accepted …. the freedoms that many in emerging democracies around the globe seek to ensure for their peoples. 

Democracy makes war impossible—the U.S. judicial model is the most important factor

Kersch 6, Assistant Professor of Politics
~2006, Ken I. Kersch, Assistant Professor of Politics, Princeton University. B.A., Williams; J.D., Northwestern; Ph.D., Cornell. Thanks to the Social Philosophy and Policy Center at Bowling Green State University, where I was a visiting research scholar in the fall of 2005, and to the organizers of, and my fellow participants in, the Albany Law School Symposium, Albany Law School, "The Supreme Court and international relations theory.", http://www.thefreelibrary.com/The+Supreme+Court+and+international+relations+theory.-a0151714294~~
Liberal theories of international relations hold that international peace and prosperity are advanced to the
AND
. The liberal foreign policy outlook will thus fortify them against contemporary criticism.

And it’s reverse causal — democratic backsliding causes great power war

Gat 11, Professor at Tel Aviv University, Ezer Weizman Professor of National Security at Tel Aviv University, Azar 2011, "The Changing Character of War," in The Changing Character of War, ed. Hew Strachan and Sibylle Scheipers, p. 30-32
Since 1945, the decline of major great power war has deepened further. Nuclear
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, they may vary less than seemed likely only a short while ago.

The plan stops the Russian human rights crackdown — it facilitates U.S. engagement

Mendelson 9, Sarah E. Mendelson, Director, Human Rights and Security Initiative, Center for Strategic and International Studies, "U.S.-Russian Relations and the Democracy and Rule of Law Deficit," CENTURY FOUNDATION REPORT, 2009, p. 3-4.
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.

Continued human rights violations risk a Russian revolution

Ullman 6/12, senior advisor, Atlantic Council, "The Third Russian Revolution," UPI, 6—12—13, www.upi.com/Top_News/Analysis/Outside-View/2013/06/12/Outside-View-The-third-Russian-Revolution/UPI-84461371009900/, accessed 8-7-13.
Make no mistake: On the current trajectory, Russia won’t be immune to many
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Syria and Iran are two major crises where Russian support could be important. 

Extinction

Pry 99 (Peter Vincent, Former US Intelligence Operative, 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.

Tournament: Kentucky | Round: 1 | Opponent: Kansas OH | Judge: 

1AC Plan

The United States federal judiciary should order the release of individuals in military detention who have won their habeas corpus hearing.

1AC Legitimacy

Contention One is Legitimacy

In Kiyemba, the court ruled the right to habeas doesn’t give the power to release a detainee or stop transfer

Milko 12
~Winter, 2012, Jennifer L. Milko, and#34;Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidanceand#34;, 50 Duq. L. Rev. 173~
After the Boumediene and Munaf cases, it was clear that the United States district
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Court denied the writ on March 22, 2010. n93 ~*186~ 

These rulings make habeas useless—this abdicates the Court’s key role

Milko 12 ~Winter, 2012, Jennifer L. Milko, and#34;Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidanceand#34;, 50 Duq. L. Rev. 173~
A. Arguments for a Remedy By urging deference to the Executive Branch, the
AND
being improperly limited, as they are not utilizing their constitutional power properly.

This undoes Boumediene — it’s the crucial and#34;testand#34; of the Court’s global leadership

Scharf 13, Professor Michael P. Scharf, PILPG Managing Director, John Deaver Drinko — Baker 26 Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, BRIEF OF THE PUBLIC INTERNATIONAL LAW 26 POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf
The precedent of this Court has a significant impact on rule of law in foreign
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law during times of conflict, and foreign governments have followed this lead.

Legitimacy makes hegemony sustainable and effective—only stability, perception, and de-politicization of court decisions on the aff solve

Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, and#34;American Hegemony and the Foreign Affairs Constitutionand#34;, ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~
American unipolarity has created a challenge for realists. Unipolarity was thought to be inherently
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the same project that the courts constantly grapple with in adjudicating domestic disputes.

Only judicial clarification of a meaningful right to habeas solves

Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, and#34;American Hegemony and the Foreign Affairs Constitutionand#34;, ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~
The Bush Administration’s detainee policy made clear that - due to America’s power - the
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and reinforces the sense that our constitutional values reflect universal human rights. n449

Legitimacy solves global peace — the alternative is great power transition wars

Kromah 9~February 2009, Masters in IR, Lamii Moivi Kromah at the Department of International Relations
University of the Witwatersrand, and#34;The Institutional Nature of U.S. Hegemony: Post 9/11and#34;, http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf?sequence=1~~
A final major gain to the United States from the benevolent hegemony has perhaps been
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to facilitate its ability to extract contributions from other members of the system.

Robust empirical and statistical data proves — hegemony stops extinction

Barnett 11 Former Senior Strategic Researcher and Professor in the Warfare Analysis 26 Research Department, Center for Naval Warfare Studies, U.S. Naval War College American military geostrategist and Chief Analyst at Wikistrat., worked as the Assistant for Strategic Futures in the Office of Force Transformation in the Department of Defense, and#34;The New Rules: Leadership Fatigue Puts U.S., and Globalization, at Crossroads,and#34; March 7 http://www.worldpoliticsreview.com/articles/8099/the-new-rules-leadership-fatigue-puts-u-s-and-globalization-at-crossroads
It is worth first examining the larger picture: We live in a time of
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the 20th century, setting the stage for the Pacific Century now unfolding. 

2,000 years of history prove unipolar systems are comparatively more stable—status based competition is inevitable

Wolforth et. al 11 (William is the Daniel Webster Professor at Dartmouth College, where he teaches in the Department of Government.  Edited by Michael Mastanduno, Professor of Government and Dean of Faculty at Dartmouth College, and G. John Ikenberry, Professor of Politics and International Affairs at Princeton University, and#34;Unipolarity, status competition, and great power warand#34; International Relations Theory and the Consequences of Unipolarity pg. 48-49) BW
General patterns of evidence
Despite increasingly compelling findings concerning the importance of status seeking in human behavior, research
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Rome, Assyria, the Amarna system – appears consistent with the hypothesis.

Our data is free from theoretical and ideological bias — there’s causation and correlation between declining political deaths and hegemony — it facilitates cooperation

Owen 11 ~John Owen, Associate professor in the University of Virginia’s Department of Politics,  recipient of fellowships from the Olin Institute for Strategic Studies at Harvard, and the Center for International Security and Cooperation at Stanford, and the Center of International Studies at Princeton, PhD in international relations from Harvard, February 11, 2011, and#34;Don’t Discount Hegemony, www.cato-unbound.org/2011/02/11/john-owen/dont-discount-hegemony/~
Andrew Mack and his colleagues at the Human Security Report Project are to be congratulated
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U.S. material and moral support for liberal democracy remains strong.

Prefer meta-level elements of the international system to proximate causes—statistics and support for international initiatives proves it’s an impact filter on the escalation of every scenario

Drezner 5 ~Daniel, Gregg Easterbrook, Associate Professor of International Politics at the Fletcher School of Law and Diplomacy at Tufts University, and#34;War, and the dangers of extrapolation,and#34; may 25~
Daily explosions in Iraq, massacres in Sudan, the Koreas smakestaring at each other
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of force potentially more attractive, because of the minimization of spillover effects.

1AC Democracy

Contention two is Democracy:

Kiyemba created a model of runaway executive power undermining the global rule of law

Vaughn and Wiliams, Professors of Law, 13 ~2013, Katherine L. Vaughns B.A. (Political Science), J.D., University of California at Berkeley. Professor of Law, University of Maryland Francis King Carey School of Law, and Heather L. Williams, B.A. (French), B.A. (Political Science), University of Rochester, J.D., cum laude, University of Maryland Francis King Carey School of Law, and#34;OF CIVIL WRONGS AND RIGHTS: 1 KIYEMBA V. OBAMA AND THE MEANING OF FREEDOM, SEPARATION OF POWERS, AND THE RULE OF LAW TEN YEARS AFTER 9/11and#34;, Asian American Law Journal, Vol. 20, 2013, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2148404~~
When it denied certiorari in Kiyemba III, the Supreme Court missed the opportunity to
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they both undoubtedly implicate individual constitutional rights and the separation of powers. 

Democratic transitions are coming now — Supreme Court influence is the determining factor

Suto 11, Research Associate at Tahrir Institute and J.D.  
~07/15/11, Ryan Suto is a Research Associate at Tahrir Institute for Middle East Policy, has degrees in degrees in law, post-conflict reconstruction, international relations and public relations from Syracuse Law, and#34;Judicial Diplomacy: The International Impact of the Supreme Courtand#34;, http://jurist.org/dateline/2011/07/ryan-suto-judicial-diplomacy.php~~
The Court is certainly the best institution to explain to scholars, governments, lawyers
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key legal concepts. This is an opportunity that should not be wasted.

Promoting a strong judiciary is necessary to make those transitions stable and democratic—detention policies guarantee global authoritarianism

CJA 4, Center for Justice and Accountability
~OCTOBER 2004, The Center for Justice 26 Accountability (and#34;CJAand#34 seeks, by use of the legal systems, to deter torture and other human rights abuses around the world., and#34;BRIEF OF the CENTER FOR JUSTICE AND ACCOUNTABILITY, the INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, and INDIVIDUAL ADVOCATES for the INDEPENDENCE of the JUDICIARY in EMERGING DEMOCRACIES as AMICI CURIAE IN SUPPORT OF PETITIONERSand#34;, http://www.cja.org/downloads/Al-Odah_Odah_v_US___Rasul_v_Bush_CJA_Amicus_SCOTUS.pdf~~
A STRONG, …. Also at stake are the freedoms that many in emerging democracies around the globe seek to ensure for their peoples. 

Detention is key — indefinite detention emboldens global destruction of rights protection

Chaffee 9, Advocacy Counsel at Human Rights First, Dismantling Guantanamo: Facing the Challenges of Continued Detention and Repatriation: The Cost of Indefinitely Kicking the Can: Why Continued and#34;Prolongedand#34; Detention Is No Solution To Guantanamo, http://www.lexisnexis.com/hottopics/lnacademic/?
The Guantanamo detentions have shown that assessments of dangerousness based not on overt acts, as in a criminal trial, but on association are unreliable and will inevitably lead to costly mistakes. This is precisely why national security preventive detention schemes have proven a dismal failure in other countries. The potential gains from such schemes are simply not great enough to warrant departure from hundreds of years of western criminal justice traditions. n15
The military leaders recognize the disagreeable company that the U.S. keeps when
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schemes that the U.S. criticizes as authorized arbitrary detention. n18
Indefinite detention regimes aimed at preventing security risks are known to foster human rights abuses
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governments to circumvent the protections guaranteed in criminal trials by citing security concerns.

This sets a global precedent for dissident crackdowns — internal reforms don’t resolve the and#34;loaded weaponand#34; effect

Waxman 9, Law Professor, Matthew C, Professor of Law; Faculty Chair, Roger Hertog Program on Law and National Security, Legislating the War on Terror: An Agenda for Reformand#34;, November 3, Book, p. 58
Opponents and skeptics of administrative detention rightly point out that creating new mechanisms for detention
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on dissidents that they label and#34;terroristsand#34; or and#34;national security threats.and#34;

Chinese crackdowns on Uighurs make them stronger and cause Asian war

Davis 8, division director and professor of liberal arts and international studies at Colorado School of Mines, Dr. Elizabeth Van Wie, 2008, and#34;Uyghur Muslim Ethnic Separatism in Xinjiang, China,and#34; Asian Affairs: An American Review, 2008, Vol. 35, Issue 1, pg. 15-30, ebsco
Alternative Futures¶ The scenario most worrisome to the Chinese would be the Uyghur Muslim
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a fragmenting China. Political instability in China would impact all of Asia.

That causes nuclear war

Mohan 13, distinguished fellow at the Observer Research Foundation in New Delhi, C. Raja, March 2013, Emerging Geopolitical Trends and Security in the Association of Southeast Asian Nations, the People’s Republic of China, and India (ACI) Region,and#34; background paper for the Asian Development Bank Institute study on the Role of Key Emerging Economies, http://www.iadb.org/intal/intalcdi/PE/2013/10737.pdf
Three broad types of conventional conflict confront Asia. The first is the prospect of
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geographic scope and the normative basis for a future security order in Asia.

Democracy makes war impossible—the U.S. judicial model is the most important factor

Kersch 6, Assistant Professor of Politics
~2006, Ken I. Kersch, Assistant Professor of Politics, Princeton University. B.A., Williams; J.D., Northwestern; Ph.D., Cornell. Thanks to the Social Philosophy and Policy Center at Bowling Green State University, where I was a visiting research scholar in the fall of 2005, and to the organizers of, and my fellow participants in, the Albany Law School Symposium, Albany Law School, and#34;The Supreme Court and international relations theory.and#34;, http://www.thefreelibrary.com/The+Supreme+Court+and+international+relations+theory.-a0151714294~~
Liberal theories of international relations hold that international peace and prosperity are advanced to the
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. The liberal foreign policy outlook will thus fortify them against contemporary criticism.

And it’s reverse causal — democratic backsliding causes great power war

Gat 11, Professor at Tel Aviv University, Ezer Weizman Professor of National Security at Tel Aviv University, Azar 2011, and#34;The Changing Character of War,and#34; in The Changing Character of War, ed. Hew Strachan and Sibylle Scheipers, p. 30-32
Since 1945, the decline of major great power war has deepened further. Nuclear
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, they may vary less than seemed likely only a short while ago.

Tournament: UMKC | Round: 7 | Opponent: UTD VM | Judge: 

1AC — The Cyber Apparatus

Contention One is the Cyber Apparatus:

The current offensive cyber posture guarantees global catastrophe — the U.S.’s use of offensive cyber operations and surveillance will expand imperial domination into the cyber domain — only Congressional checks stop this

Austin, 8/6, Director of Policy Innovation at the EastWest Institute, Costs of American Cyber Superiority, http://www.chinausfocus.com/peace-security/costs-of-american-cyber-superiority/-http://www.chinausfocus.com/peace-security/costs-of-american-cyber-superiority/
The United States is racing for the technological frontier in military and intelligence uses of cyber space. It is ahead of all others, and has mobilized massive non-military assets and private contractors in that effort. This constellation of private sector opportunity and deliberate government policy has been aptly labeled in recent months and years by so many credible observers (in The Economist, The Financial Times and the MIT Technology Review) as the cyber industrial complex.
The United States is now in the unusual situation where the head of a spy
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effects now visible in public. But there are others, less visible.
The NSA Prism program exists because it is technologically possible and there have been no
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) pre-existing agreements that constrain nuclear weapons deployment and possible use.
The cyber superiority of the United States, while legal and understandable, is now
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, a direct response to particular systems that the other side was building.
In 1969, the USSR acted first to propose an end to the race for the technological frontier of nuclear weapons because it knew it was losing the contest and because it knew there was political sentiment in the United States and in its Allied countries that supported limitations on the unbridled nuclear fetish.
As we ponder the American cyber industrial complex of today, we see a similar constellation of opposition to its power emerging. This constellation includes not just the political rivals who see they are losing in cyber space (China and Russia), but nervous allies who see themselves as the likely biggest victims of the American race for cyber superiority, and loyal American military commanders who can see the risks and dangers of that quest.
It is time for the United States to take stock of the collateral damage that
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internationalist persuasion and solidarity for the United States now feel a little betrayed.
Yet, in the long run, the most influential voice to end the American
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innovations in cyber attack capability. This question is worth much more attention.
U.S. national security strategy in cyber space needs to be brought under
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be every bit as reasonable given their anxiety about unconstrained American cyber superiority.

It’s our fear of attack that causes us to ramp up offensive cyber arsenals
Schneier, 6/18, Cybersecurity Expert, Contributor to the Atlantic, and Author, Bruce Schneier, http://www.cnn.com/2013/06/18/opinion/schneier-cyberwar-policy-http://www.cnn.com/2013/06/18/opinion/schneier-cyberwar-policy
(CNN) — Today, the United States is conducting offensive cyberwar actions around the world.
More than passively eavesdropping, we’re penetrating and damaging foreign networks for both espionage and to ready them for attack. We’re creating custom-designed Internet weapons, pre-targeted and ready to be "fired" against some piece of another country’s electronic infrastructure on a moment’s notice.
This is much worse than what we’re accusing China of doing to us. We’re pursuing policies that are both expensive and destabilizing and aren’t making the Internet any safer. We’re reacting from fear, and causing other countries to counter-react from fear. We’re ignoring resilience in favor of offense.
Welcome to the cyberwar-https://www.schneier.com/essay-421.html arms race-https://www.schneier.com/essay-411.html, an arms race that will define the Internet in the 21st century.

This is amplified by the ultimate sanitization of cyber violence

Benavides 7/30, The Coming Cyber Cold War, Stephen Benavides is a policy analyst and union organizer from Dallas. He holds a bachelor’s degree in political science from the University of North Texas and has done graduate research in econometrics and economic theory  http://www.truth-out.org/news/item/17714-the-coming-cyber-cold-war-http://www.truth-out.org/news/item/17714-the-coming-cyber-cold-war
There’s no doubt about it: This is a cyber cold war. President Obama
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warfare and, hence, no laws it can be accused of violating.
The question of how to regulate such a thing, if it’s even possible,
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the elimination of borders, there has been an elimination of international law.
According to Mike Jacobs, former National Security Agency director, "If you are
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be warfare, it’s fair to say that every other nation does too.
The unregulated nature of the cyber arms trade not only leaves open the possibility of
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attack on a foreign government to protect internal bank documents or dam vulnerabilities.

This offensive cyber structure and NSA surveillance apparatus replicate the masculine gaze —

Madrana 13, I’ll be watching You: NSA Surveillance and the Male Gaze, http://thenewinquiry.com/blogs/the-beheld/ill-be-watching-you-nsa-surveillance-and-the-male-gaze/-http://thenewinquiry.com/blogs/the-beheld/ill-be-watching-you-nsa-surveillance-and-the-male-gaze/

Apathy doesn’t seem like the greatest reason … It just might not feel all that

The sole control of the President induces fear in other countries — our quest for cybersupremacy will inevitably backfire

Rothschild 2/13, Editor of Progressive Magazine, Matthew Rothschild is the editor of The Progressive magazine, which is one of the leading voices for peace and social justice in this country. Rothschild has appeared on Nightline, C-SPAN, The O’Reilly Factor, and NPR, and his newspaper commentaries have run in the Chicago Tribune, the L.A. Times, the Miami Herald, and a host of other newspapers. Rothschild is the host of "Progressive Radio-http://www.progressive.org/progressive_radio," a syndicated half-hour weekly interview program. And he does a two-minute daily radio commentary, entitled "Progressive Point of View-http://www.progressive.org/progressive_pov," which is also syndicated around the country. Rothschild is the author of You Have No Rights: Stories of America in an Age of Repression (New Press, 2007). He also is the editor of Democracy in Print: The Best of The Progressive, 1909-2009(University of Wisconsin Press, 2009)., The Dangers of Obama’s Cyber War Power Grab, http://progressive.org/dangers-of-obama-cyber-war-power-grab-http://progressive.org/dangers-of-obama-cyber-war-power-grab
There are no checks or balances when the President, alone, decides when to
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successors. They, too, worry about the temptations of a President.

A notification requirement is necessary for legal norms

Lorber 13, JD candidate at UPenn and PhD candidate at Duke
(Eric, EXECUTIVE WARMAKING AUTHORITY AND OFFENSIVE CYBER OPERATIONS: CAN EXISTING LEGISLATION SUCCESSFULLY CONSTRAIN PRESIDENTIAL POWER?, www.law.upenn.edu/live/files/1773-lorber15upajconstl9612013)
Should these statutes be adjusted (or new ones created) that give Congress additional
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and other nations develop and employ these capabilities with ever-greater frequency.

Norms are essential to solve — they can’t be created unless OCOs are addressed

Goldsmith 10, Harvard Professor, Can we stop the Cyber Arms Race, Jack Goldsmith teaches at Harvard Law School and is on the Hoover Institution’s Task Force on National Security and Law. He was a member of a 2009 National Academies committee that issued the report "Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities-http://www.anagram.com/berson/nrcoiw.pdf.", http://articles.washingtonpost.com/2010-02-01/opinions/36895669_1_botnets-cyber-attacks-computer-attacks-http://articles.washingtonpost.com/2010-02-01/opinions/36895669_1_botnets-cyber-attacks-computer-attacks
In a speech this month on "Internet freedom-http://www.state.gov/secretary/rm/2010/01/135519.htm," Secretary of State Hillary Clinton decried the cyberattacks-http://www.washingtonpost.com/wp-dyn/content/article/2010/01/21/AR2010012101699.html that threaten U.S. economic and national security interests. "Countries or individuals that engage in cyber attacks should face consequences and international condemnation," she warned, alluding to the China-Google kerfuffle. We should "create norms of behavior among states and encourage respect for the global networked commons."
Perhaps so. But the problem with Clinton’s call for accountability and norms on the global network — a call frequently heard in policy discussions about cybersecurity — is the enormous array of cyberattacks originating from the United States. Until we acknowledge these attacks and signal how we might control them, we cannot make progress on preventing cyberattacks emanating from other countries.
An important weapon in the cyberattack arsenal is a botnet, a cluster of thousands and sometimes millions of compromised computers under the ultimate remote control of a "master." Botnets were behind last summer’s attack on South Korean and American government Web sites, as well as prominent attacks a few years ago on Estonian and Georgian sites. They are also engines of spam that can deliver destructive malware that enables economic espionage or theft.
The United States has the most, or nearly the most, infected botnet computers and is thus the country from which a good chunk of botnet attacks stem. The government could crack down on botnets, but doing so would raise the cost of software or Internet access and would be controversial. So it has not acted, and the number of dangerous botnet attacks from America grows.
The United States is also a leading source of "hacktivists" who use digital tools to fight oppressive regimes. Scores of individuals and groups in the United States design or employ computer payloads to attack government Web sites, computer systems and censoring tools in Iran and China. These efforts are often supported by U.S. foundations and universities, and by the federal government. Clinton boasted about this support seven paragraphs after complaining about cyberattacks.
Finally, the U.S. government has perhaps the world’s most powerful and
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Bob Gourley, the former chief technology officer for the Defense Intelligence Agency.
These warriors are now under the command of Lt. Gen. Keith Alexander,
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S. offensive cyber capabilities, it nominated Alexander to be in charge.
Simply put, the United States is in a big way doing the very things that Clinton criticized. We are not, like the Chinese, stealing intellectual property from U.S. firms or breaking into the accounts of democracy advocates. But we are aggressively using the same or similar computer techniques for ends we deem worthy.
Our potent offensive cyber operations matter for reasons beyond the hypocrisy inherent in undifferentiated condemnation
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would "want to go and take down the source of those attacks."
Our adversaries are aware of our prodigious and growing offensive cyber capacities and exploits.
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arms race in an arena where the offense already has a natural advantage.

This is crucial for TRANSPARENCY to emerge — public knowledge and debate becomes impossible and absent the aff the status quo is a slippery slope towards unfettered executive control

Harman 13, Director of the Wilson Center
(Jane, The Extrajudicial Use of Drones: The Need for a Post-9/11 Legal Framework, www.wilsoncenter.org/article/the-extrajudicial-use-drones-the-need-for-post-911-legal-framework)
As threats, technologies, and tactics have evolved, the law has not kept
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threat to the US or its citizens. Congress must take the lead.

1AC — Method

Contention Two is Our Method For Change:

Let’s be super clear — Michael and I do not think we are policymakers, rather, we think it’s important for us to have opinions on the government — nuclear weapons prove that a robust, detail-oriented, policy discussions over cyber operations is crucial to solve

NRC 9, WILLIAM A. OWENS, AEA Holdings, Inc., Co-
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CSTB LYNETTE I. MILLETT, Senior Program Officer NANCY GILLIS, Program Officer
ENITAA. WILLIAMS, Associate Program Officer MORGAN R. MOTTO, Program Associate SHENAE BRADLEY, Senior Program Assistant ERIC WHITAKER, Senior Program Assistant, Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of CYBERATTACK CAPABILITIES, http://www.anagram.com/berson/nrcoiw.pdf-http://www.anagram.com/berson/nrcoiw.pdf
A historical analogy might be drawn to the study of nuclear issues.  In many
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in providing education and background is in our view its most important function.

Because of the highly technical nature of offensive cyber operations, we need to use detail-oriented policy to effectively oppose it

Keuter 10, President of the George Marshall Institute, Cybersecurity: Challenging Questions With Incomplete Answers, www.marshall.org/pdf/materials/911.pdf?
To say that the Internet has transformed society is as obvious as acknowledging its vulnerability
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General Alexander and the broader concerns about the government’s plans for defending cyberspace.

And the institutional secrecy surrounding offensive cyber operations is what makes our discussion so important

Waxman 13, Matthew Waxman is an Adjunct Fellow for Law and Foreign Policy at the Council of Foreign Relations, WaPo: Public Debate on Offensive Cyber Strategy, http://i.cfr.org/cybersecurity/wapo-public-debate-offensive-cyber-strategy/p30200-http://i.cfr.org/cybersecurity/wapo-public-debate-offensive-cyber-strategy/p30200
~T~he task force offered an important caution: In the past,
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wait until a disaster has arrived to address the policy implications of cyberwar.

As advocates of change it’s important to have a working knowledge of the institutional factors that go into government – the CP proves there’s a way to combine normative statements about the government and advocacy

Engagement with existing institutions is key to effectively addressing and changing politics

Wight – Professor of IR @ University of Sydney – 6
(Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50 

One important aspect of this relational ontology is that these relations constitute our identity as
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upon it, upon its specific characteristics, its constants and its variables’.

changing organizational strategies to better deal with political realities is key to the effectiveness of movements including over the environment

Skocpol 2013 – professor in political science at Harvard (January, Theda, "NAMING THE PROBLEM   What It Will Take to Counter Extremism and   Engage Americans in the Fight against Global Warming" http://www.scholarsstrategynetwork.org/sites/default/files/skocpol_captrade_report_january_2013y.pdf-http://www.scholarsstrategynetwork.org/sites/default/files/skocpol_captrade_report_january_2013y.pdf)
For America’s professional environmentalists it is profoundly disorienting to pull   punches linguistically or in terms
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will be needed, based on new understandings of political obstacles and   opportunities. 

Understanding the differences between branches is key to picking the best targets for our activism

Cole 2011 - Professor, Georgetown University Law Center (Winter, David, "WHERE LIBERTY LIES: CIVIL SOCIETY AND INDIVIDUAL RIGHTS AFTER 9/11," 57 Wayne L. Rev. 1203, Lexis)
Unlike the majoritarian electoral politics Posner and Vermeule imagine, the work of civil society
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litigation’s outcome, which in turn contributed to a broader impetus for reform.

Forcing specific policy analysis is key – it allows state institutions to be reclaimed and generates debater education necessary to create a left governmentality that is necessary to create a public sphere

Ferguson, Professor of Anthropology at Stanford, 11
(The Uses of Neoliberalism, Antipode, Vol. 41, No. S1, pp 166–184)
If we are seeking, as this special issue of Antipode aspires to do,
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some rather useful little mechanisms may be nearer to hand than we thought.

A focus on policy is necessary to learn the pragmatic details of powerful institutions – acting without this knowledge is doomed to fail in the face of policy pros who know what they’re talking about

McClean 01 SOCIETY FOR THE ADVANCEMENT OF AMERICAN PHILOSOPHY – GRADUATE AND PHILOSOPHER – NYU, "THE CULTURAL LEFT AND THE LIMITS OF SOCIAL HOPE", http://www.american-philosophy.org/archives/200120Conference/Discussion20papers/david_mcclean.htm~~
Leftist American culture critics might put their considerable talents to better use if they bury
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critics with their snobish disrespect for the so-called "managerial class

Tournament: NDT | Round: 4 | Opponent: Rutgers RS | Judge: 

Islamophobia represents a cultural racism, a neo-racism rooted in culture as opposed to physical markers of race—their arguments erase critical parts of history dating back to the middle ages that are at the foundation of modernity

Lampert 4
~2004, Lisa Lampert teaches in the Department of Literature at the University of California, San Diego. Her book, Gender and Jewish Difference from Paul to Shakespeare (2004), examines the relationship between representations of Jews and women in medieval and early modern English texts., "Race, Periodicity, and the (Neo-) Middle Ages", MLQ: Modern Language Quarterly 65.3 (2004) 391-421,  http://muse.jhu.edu/journals/modern_language_quarterly/v065/65.3lampert.html~~

Both sides of this debate have a well-founded concern for the impact of
AND
prominent roles in shifting U.S. and global discourses on race.

This flips their foundational antagonism arguments—antiblackness is simply an output of militant Crusading ideology against the Muslim body—the clash of civilizations between western religions and the barbaric eastern cultures is at the foundation of the West and America and enabled antiblackness to sprout

Lampert 4
~2004, Lisa Lampert teaches in the Department of Literature at the University of California, San Diego. Her book, Gender and Jewish Difference from Paul to Shakespeare (2004), examines the relationship between representations of Jews and women in medieval and early modern English texts., "Race, Periodicity, and the (Neo-) Middle Ages", MLQ: Modern Language Quarterly 65.3 (2004) 391-421,  http://muse.jhu.edu/journals/modern_language_quarterly/v065/65.3lampert.html~~

Recent work on medieval Western European literary texts by Christian authors has revealed numerous examples
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informs the imagination and ideology in ways that are more than simply nostalgic. 

Islamophobia presents a challenge to our status quo understandings of race— the US has launched a civilizational and cultural war on Islam—racism has moved beyond exclusions justified on biological difference to a new differentialist racism based on culture

Semati 10, Assistant Professor of Communication
~2010, Mehdi Semati is an Assistant Professor of Communication at Eastern Illinois University. He teaches classes in Communication, International communication, and Media Studies and production. His research addresses culture and global communication., "ISLAMOPHOBIA, CULTURE AND RACE IN THE AGE OF EMPIRE", Cultural studies, Volume 24, Issue 2~
In this context, addressing racial formation in terms of racial projects at the macro
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hand, erases difference (all of ’them’ are the ’same’). 

Anti-blackness is not the master-key

Sunstrom 8, Associate Professor of Philosophy
~2008, Ronald R. Sunstrom is a black Associate Professor of Philosophy at
AND
America and the Evasion of Social Justice", pp. 65-92~

The future of race in the United States, or elsewhere, will not be
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that the false image of America as black and white not be upset.

Perm

Permutation: endorse the aff and strive for impossible reparations

The affirmative’s challenge to islamophobic indefinite detention policies creates an ideal intersectional space to build coalitions against racial violence—general claims to racial injustice are insufficient—we must coalesce around particular projects where there is a commonality of interest LIKE THE ADVOCACY—Coalitions our net better despite their indicts

Wing 3, Bessie Dutton Murray Distinguished Professor of Law
~Spring 2003, Adrien Katherine Wing is a Bessie Dutton Murray Distinguished Professor of Law at the University of Iowa College of Law. A.B. Princeton, 1978; M.A. UCLA, 1979; J.D. Stanford, 1982. This paper was presented at the Civil Rights symposium of the Louisiana State"Civil Rights in the Post 911 World: Critical Race Praxis, Coalition Building, and the War on Terrorism", http://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=598726context=lalrev26sei-redir=126referer=http3A2F2Fscholar.google.com2Fscholar3Fq3Dguant

Tournament: UMKC | Round: 6 | Opponent: Kansas BC | Judge: Kyle Vint

2AC AT: Brecher CP

====It gets rolled back — also can’t solve legal norms====
Swanson 9, Chair of accountability and prosecution working group of United for Peace and Justice 
(David, 1/25, Dangerous Executive Orders, www.opednews.com/articles/Dangerous-Executive-Orders-by-David-Swanson-090125-670.html)
The Center for Constitutional Rights has expressed concern that President Obama’s executive order banning torture
AND
the other violated laws for which no such formal orders have been given?

Perm — do both — Congressional involvement makes the plan popular — the CP links to politics

Corcoran 11 —- Professor of Law and Director at University of New Hampshire School of Law (March 2011, Erin M., University of New Hampshire Law Review, and#34;Obama’s Failed Attempt to Close Gitmo: Why Executive Orders Can’t Bring About Systemic Change,and#34; 9 U.N.H. L. Rev. 207))
Finally, this example highlights that issuing unilateral executive orders, and then asking Congress
AND
priorities to the voters often at supermarkets, churches, and bingo halls.
Often times, when members of Congress can control the message or create the narrative addressing the problem, they can show their ~*235~ constituents how their votes are in line with constituent priorities and concerns. In contrast, when Congress is told to do what the President wants and fund a controversial proposal, the members are in less control of the message and less invested in the outcome.
Furthermore, in the Senate, particularly in the Appropriations Committee, members work across
AND
have been committed to making sure they had the votes to pass it.
Overall, if the Obama Administration wants to close Guantanamo Bay, it must get
AND
and can use this knowledge when advancing the President’s future controversial policy changes.

(   ) This solves every warrant in their link ev

Corcoran 11 —- Professor of Law and Director at University of New Hampshire School of Law (March 2011, Erin M., University of New Hampshire Law Review, and#34;Obama’s Failed Attempt to Close Gitmo: Why Executive Orders Can’t Bring About Systemic Change,and#34; 9 U.N.H. L. Rev. 207))
Overall, there are several advantages of using legislation to mobilize systemic change. First, by having Congress draft legislation, the members are invested in its outcome. Second, by allowing Congress to author the details, often times the parochial concerns of members can be accommodated with little contention. Finally, if Congress debates the merits of a plan and votes to support it, the members are more likely to fund its implementation.  ~*231~
Links to politics
Hallowell 13 writer for The Blaze, Here’s How Obama is Using Executive Power to Bypass Legislative Process, http://www.theblaze.com/stories/2013/02/11/heres-how-obamas-using-executive-power-to-bylass-legislative-process-plus-a-brief-history-of-executive-orders/-http://www.theblaze.com/stories/2013/02/11/heres-how-obamas-using-executive-power-to-bylass-legislative-process-plus-a-brief-history-of-executive-orders/
and#34;In an era of polarized parties and a fragmented Congress, the opportunities to
AND
a partisan content, with contemporary complaints coming from the incumbent president’s opponents.and#34;

The defensive cyber plank links to politics

Sasso 12 (Brandon Sasso, December 21, 2012, and#34;House Republicans urge Obama not to issue cybersecurity order,and#34; The Hill, http://thehill.com/blogs/hillicon-valley/technology/274391-house-republicans-urge-obama-not-to-issue-cybersecurity-order)
A group of 46 House Republicans, led by Reps. Marsha Blackburn (Tenn
AND
letter, the House Republicans urged the administration to continue working with Congress. 

The counterplans covert action ensures unilateralism – prevents coalitions and fuels suspicion and cyberwar

Rishikof 11, Chair of the ABA Standing Committee on Law and National Security. Former professor of law and chair
(PROJECTING FORCE IN THE 21ST CENTURY - LEGITIMACY AND THE RULE OF LAWDepartment of National Security Strategy, National War Collegwww.rutgerslawreview.com/wp-content/uploads/archive/vol63/Issue4/Mustin-Rishikof_Article_PDF.pdf)
Covert action also enables unilateral action. The stealthy nature of covert action means that
AND
of this instrument when lethality is the goal raises issues of international legitimacy.
Covert designation fuels suspicion and can’t solve cyber war — also removes international pressure from Chinese hacking
Wright 11, Executive director of studies at The Chicago Council on Global Affairs
(Thomas, 6/26, America has double standards in fighting cyberwar, www.ft.com/cms/s/0/c8002f6a-a01b-11e0-a115-00144feabdc0.html~23axzz1QYnW3i1w-http://www.ft.com/cms/s/0/c8002f6a-a01b-11e0-a115-00144feabdc0.html)
While it has several advantages, treating American cyber-destruction as a covert operation will severely undermine the new cyber-strategy. Suspicion that the US uses cyber­weapons whenever convenient will hamper its attempts to press other states to be transparent about their intentions. In particular, it takes the pressure off China, widely believed to be the leading state source of cyberattacks. It may also dissuade the US from developing the technology to trace the source of an attack.

Nuclear war

Sirota, Best-Selling Author, 11, David Sirota is a best-selling author of the new book and#34;Back to Our Future: How the 1980s Explain the World We Live In Now.and#34;, The Terrorist Threat We’re Ignoring, http://www.salon.com/news/david_sirota/2011/07/11/trade_terrorism
All of these threats are, indeed, scary — and the last one,
AND
and#34; password and again-http://www.ft.com/cms/s/0/9dba9ba2-5a3b-11dc-9bcd-0000779fd2ac.html breach computer networks deep within our national security apparatus.

Covert action statue isn’t binding

Colella 88 Frank SPRING, 1988 54 Brooklyn L. Rev. 131
Because the subsequent versions of the amendment sought to deny the executive any latitude in
AND
make it apparent that Congress prevented effective execution of the president’s policy objectives.

Perm do both — only the perm solves legitimacy — their author

Brecher 12, JD candidate at Michigan Law  (Aaron P., Cyberattacks and the Covert Action Statute: Toward a Domestic Legal Framework for Offensive Cyberoperations, www.michiganlawreview.org/assets/pdfs/111/3/Brecher.pdf)
It has become axiomatic of American constitutional doctrine that presidential decisions gain greater constitutional legitimacy
AND
place substantive limits on the scope of hostilities and the initiation of conflicts.

That ensures perpetual war and foreign entanglement which triggers all their impacts

Webb 13, Former Senator and Secretary of Navy, Congressional Abdication, http://nationalinterest.org/article/congressional-abdication-8138?page=1-http://nationalinterest.org/article/congressional-abdication-8138?page=1
IN MATTERS of foreign policy, Congress, and especially the Senate, was designed
AND
to European-style monarchies when it came to the presidential war power.
Importantly and often forgotten these days, Article I, Section 8 of the Constitution
AND
. The United States would not engage in unchecked, perpetual military campaigns.
Congress would also and#34;provide and maintain a Navy,and#34; with no time limit on such appropriations. This distinction between and#34;raisingand#34; an army and and#34;maintainingand#34; a navy marked a recognition of the reality that our country would need to protect vital sea-lanes as a matter of commercial and national security, confront acts of piracy—the eighteenth-century equivalent of international terrorism—and act as a deterrent to large-scale war.
Practical circumstances have changed, but basic philosophical principles should not. We reluctantly became
AND
the and#34;military-industrial complex,and#34; is now spinning in his tomb.
Perhaps the greatest changes in our defense posture and in the ever-decreasing role
AND
over themselves to prove they were behind the troops and behind the wars.

Tournament: UMKC | Round: 6 | Opponent: Kansas BC | Judge: Kyle Vint

2AC AT: Authority

We meet — we stop the presiden’ts ability to use OCOs covertly
We meet — the president asserts the right to use OCOs under the AUMF
Mills 12, Elinor Mills is a CNET Author, Wording in Cyberwar Bill Begs Question Who’s In Charge, http://news.cnet.com/8301-1009_3-57432259-83/wording-in-cyberwar-bill-begs-question-whos-in-charge/-http://news.cnet.com/8301-1009_3-57432259-83/wording-in-cyberwar-bill-begs-question-whos-in-charge/
The House Armed Services Committee yesterday approved an amended version of the National Defense Authorization Act that removes language requiring presidential authorization for military offensive operations in cyberspace to defend the country.
Congressional sources working with House Armed Services Committee Chairman Howard and#34;Buckand#34; McKeon said the move did not grant the secretary of defense any additional powers and dismissed fears as unwarranted.
and#34;We don’t interpret this to mean that Congress is giving the Department of Defense new authorities,and#34; said a committee source. and#34;It would all be within the context of the Authorization to Use Military Force (50 U.S.C. 1541) which typically requires the request of the President.and#34;
War powers authority is preparation or execution of war
Fred F. Manget – 1987, J.D., Vanderbilt University Law School / CIA – and#34;Presidential War Powers,and#34; Extracts from Studies in Intelligence: A Commemoration of the Bicentennial of the U.S. Constitution, CIA, http://media.nara.gov/dc-metro/rg-263/6922330/Box-10-114-7/263-a1-27-box-10-114-7.pdf-http://media.nara.gov/dc-metro/rg-263/6922330/Box-10-114-7/263-a1-27-box-10-114-7.pdf
B. judicial Interpretation of War Powers Authority There are a limited number of cases
AND
nature of modern armed conflict and the current state of relations between nations.

Tournament: UMKC | Round: 6 | Opponent: Kansas BC | Judge: Kyle Vint

2AC AT: T

We meet — we remove covert OCOs as an option for the President

We meet — we stop all non-authorized OCOs

We meet authority — counter a power of the exec

It’s a check on presidential power

Gaul 8, Matthew J. Gaul is a partner in Steptoe’s New York office.  A former insurance regulator and securities enforcement attorney for the state of New York, Mr. Gaul represents insurance companies and other financial institutions in government investigations and complex regulatory matters, http://faculty.lls.edu/manheim/ns/gaul2.htm-http://faculty.lls.edu/manheim/ns/gaul2.htm
The president may circumvent the specified waiting period by stating in his certification that a
AND
to major arms licenses for export deals totaling 2450 million or more.

Restrict is to check free activity — they confuse it with restraint

Oklahoma Attorney General Opinions - 3/19/2004, Question Submitted by: The Honorable Mark Campbell, District Attorney, 19th District; The Honorable Jay Paul Gumm, State Senator, District 6, 2004 OK AG 7, http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=43849-http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=438494
Accordingly, we must look to the plain and ordinary meaning of the term.
AND
are intended to restrain or prevent certain conduct of the person subject thereto.

In the area of refers to a certain scope

Elizabeth Miura 12, China Presentation, prezi.com/tccgenlw25so/chin165a-final-presentation/
and#34;in the area ofand#34; refers to a certain scope

Tournament: Kentucky | Round: 1 | Opponent: Kansas HO | Judge: 

1AC Plan

The United States federal judiciary should order the release of individuals in military detention who have won their habeas corpus hearing.

1AC Legitimacy

Contention One is Legitimacy

In Kiyemba, the court ruled the right to habeas doesn’t give the power to release a detainee or stop transfer

Milko 12
~Winter, 2012, Jennifer L. Milko, "Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidance", 50 Duq. L. Rev. 173~
After the Boumediene and Munaf cases, it was clear that the United States district
AND
Court denied the writ on March 22, 2010. n93 ~*186~ 

These rulings make habeas useless—this abdicates the Court’s key role

Milko 12 ~Winter, 2012, Jennifer L. Milko, "Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidance", 50 Duq. L. Rev. 173~
A. Arguments for a Remedy By urging deference to the Executive Branch, the
AND
being improperly limited, as they are not utilizing their constitutional power properly.

This undoes Boumediene — it’s the crucial "test" of the Court’s global leadership

Scharf 13, Professor Michael P. Scharf, PILPG Managing Director, John Deaver Drinko — Baker 26 Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, BRIEF OF THE PUBLIC INTERNATIONAL LAW 26 POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf
The precedent of this Court has a significant impact on rule of law in foreign
AND
law during times of conflict, and foreign governments have followed this lead.

Legitimacy makes hegemony sustainable and effective—only stability, perception, and de-politicization of court decisions on the aff solve

Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~
American unipolarity has created a challenge for realists. Unipolarity was thought to be inherently
AND
the same project that the courts constantly grapple with in adjudicating domestic disputes.

Only judicial clarification of a meaningful right to habeas solves

Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~
The Bush Administration’s detainee policy made clear that - due to America’s power - the
AND
and reinforces the sense that our constitutional values reflect universal human rights. n449

Legitimacy solves global peace — the alternative is great power transition wars

Kromah 9~February 2009, Masters in IR, Lamii Moivi Kromah at the Department of International Relations
University of the Witwatersrand, "The Institutional Nature of U.S. Hegemony: Post 9/11", http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf?sequence=1~~
A final major gain to the United States from the benevolent hegemony has perhaps been
AND
to facilitate its ability to extract contributions from other members of the system.

Robust empirical and statistical data proves — hegemony stops extinction

Barnett 11 Former Senior Strategic Researcher and Professor in the Warfare Analysis 26 Research Department, Center for Naval Warfare Studies, U.S. Naval War College American military geostrategist and Chief Analyst at Wikistrat., worked as the Assistant for Strategic Futures in the Office of Force Transformation in the Department of Defense, "The New Rules: Leadership Fatigue Puts U.S., and Globalization, at Crossroads," March 7 http://www.worldpoliticsreview.com/articles/8099/the-new-rules-leadership-fatigue-puts-u-s-and-globalization-at-crossroads
It is worth first examining the larger picture: We live in a time of
AND
the 20th century, setting the stage for the Pacific Century now unfolding. 

1AC Democracy

Contention two is Democracy:

Kiyemba created a model of runaway executive power undermining the global rule of law

Vaughn and Wiliams, Professors of Law, 13 ~2013, Katherine L. Vaughns B.A. (Political Science), J.D., University of California at Berkeley. Professor of Law, University of Maryland Francis King Carey School of Law, and Heather L. Williams, B.A. (French), B.A. (Political Science), University of Rochester, J.D., cum laude, University of Maryland Francis King Carey School of Law, "OF CIVIL WRONGS AND RIGHTS: 1 KIYEMBA V. OBAMA AND THE MEANING OF FREEDOM, SEPARATION OF POWERS, AND THE RULE OF LAW TEN YEARS AFTER 9/11", Asian American Law Journal, Vol. 20, 2013, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2148404~~
When it denied certiorari in Kiyemba III, the Supreme Court missed the opportunity to
AND

they both undoubtedly implicate individual constitutional rights and the separation of powers. 

Democratic transitions are coming now — Supreme Court influence is the determining factor

Suto 11, Research Associate at Tahrir Institute and J.D.  
~07/15/11, Ryan Suto is a Research Associate at Tahrir Institute for Middle East Policy, has degrees in degrees in law, post-conflict reconstruction, international relations and public relations from Syracuse Law, "Judicial Diplomacy: The International Impact of the Supreme Court", http://jurist.org/dateline/2011/07/ryan-suto-judicial-diplomacy.php~~
The Court is certainly the best institution to explain to scholars, governments, lawyers
AND
key legal concepts. This is an opportunity that should not be wasted.

Promoting a strong judiciary is necessary to make those transitions stable and democratic—detention policies guarantee global authoritarianism

CJA 4, Center for Justice and Accountability
~OCTOBER 2004, The Center for Justice 26 Accountability ("CJA") seeks, by use of the legal systems, to deter torture and other human rights abuses around the world., "BRIEF OF the CENTER FOR JUSTICE AND ACCOUNTABILITY, the INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, and INDIVIDUAL ADVOCATES for the INDEPENDENCE of the JUDICIARY in EMERGING DEMOCRACIES as AMICI CURIAE IN SUPPORT OF PETITIONERS", http://www.cja.org/downloads/Al-Odah_Odah_v_US___Rasul_v_Bush_CJA_Amicus_SCOTUS.pdf~~
A STRONG, INDEPENDENT JUDICIARY IS ESSENTIAL TO THE PROTECTION OF INDIVIDUAL FREEDOMS AND THE ESTABLISHMENT OF STABLE GOVERNANCE IN EMERGING DEMOCRACIES AROUND THE WORLD. A. Individual Nations Have Accepted and Are Seeking to Implement Judicial Review By A Strong, Independent Judiciary. Many of the newly independent governments that have proliferated over the past five decades have adopted these ideals. They have emerged from a variety of less-than-free contexts, including the end of European colonial rule in the 1950’s and 1960’s, the end of the Cold War and the breakup of the former Soviet Union in the late 1980’s and 1990’s, the disintegration of Yugoslavia, and the continuing turmoil in parts of Africa, Latin America and southern Asia. Some countries have successfully transitioned to stable and democratic forms of government that protect individual freedoms and human rights by means of judicial review by a strong and independent judiciary. Others have suffered the rise of tyrannical and oppressive rulers who consolidated their hold on power in part by diminishing or abolishing the role of the judiciary. And still others hang in the balance, struggling against the onslaught of tyrants to establish stable, democratic governments. In their attempts to shed their tyrannical pasts and to ensure the protection of individual rights, emerging democracies have consistently looked to the United States and its Constitution in fashioning frameworks that safeguard the independence of their judiciaries. See Ran Hirschl, The Political Origins of Judicial Empowerment through Constitutionalization: Lessons from Four Constitutional Revolutions, 25 Law 26 Soc. Inquiry 91, 92 (2000) (stating that of the "~m~any countries . . . ~that~ have engaged in fundamental constitutional reform over the past three decades," nearly all adopted "a bill of rights and establishe~d~ some form of active judicial review") Establishing judicial review by a strong and independent judiciary is a critical step in stabilizing and protecting these new democracies. See Christopher M. Larkins, Judicial Independence and Democratization: A Theoretical and Conceptual Analysis, 44 Am. J. Comp. L. 605, 605-06 (1996) (describing the judicial branch as having "a uniquely important role" in transitional countries, not only to "mediate conflicts between political actors but also ~to~ prevent the arbitrary exercise of government power; see also Daniel C. Prefontaine and Joanne Lee, The Rule of Law and the Independence of the Judiciary, International Centre for Criminal Law Reform and Criminal Justice Policy (1998) ("There is increasing acknowledgment that an independent judiciary is the key to upholding the rule of law in a free society . . . . Most countries in transition from dictatorships and/or statist economies recognize the need to create a more stable system of governance, based on the rule of law."), available at http://www.icclr.law.ubc.ca/Publications/Reports/RuleofLaw. pdf (last visited Jan. 8, 2004). Although the precise form of government differs among countries, "they ultimately constitute variations within, not from, the American model of constitutionalism . . . ~a~ specific set of fundamental rights and liberties has the status of supreme law, is entrenched against amendment or repeal . . . and is enforced by an independent court . . . ." Stephen Gardbaum, The New Commonwealth Model of Constitutionalism, 49 Am. J. Comp. L. 707, 718 (2001). This phenomenon became most notable worldwide after World War II when certain countries, such as Germany, Italy, and Japan, embraced independent judiciaries following their bitter experiences under totalitarian regimes. See id. at 714- 15; see also United States v. Then, 56 F.3d 464, 469 (2d Cir. 1995) (Calabresi, J., concurring) ("Since World War II, many countries have adopted forms of judicial review, which — though different from ours in many particulars — unmistakably draw their origin and inspiration from American constitutional theory and practice. See generally Mauro Cappelletti, The Judicial Process in Comparative Perspective (Oxford: Clarendon Press, 1989)."). It is a trend that continues to this day. It bears mention that the United States has consistently affirmed and encouraged the establishment of independent judiciaries in emerging democracies. In September 2000, President Clinton observed that "~w~ithout the rule of law, elections simply offer a choice of dictators. . . . America’s experience should be put to use to advance the rule of law, where democracy’s roots are looking for room and strength to grow." Remarks at Georgetown University Law School, 36 Weekly Comp. Pres. Doc. 2218 (September 26, 2000), available at http://clinton6.nara.gov/2000/09/2000-09-26- remarks-by-president-at-georgetown-international-lawcenter.html. The United States acts on these principles in part through the assistance it provides to developing nations. For example, the United States requires that any country seeking assistance through the Millenium Challenge Account, a development assistance program instituted in 2002, must demonstrate, among other criteria, an "adherence to the rule of law." The White House noted that the rule of law is one of the "essential conditions for successful development" of these countries. See http://www.whitehouse.gov/infocus/developingnations (last visited Jan. 8, 2004).12 A few examples illustrate the influence of the United States model. On November 28, 1998, Albania adopted a new constitution, representing the culmination of eight years of democratic reform after the communist rule collapsed. In addition to protecting fundamental individual rights, the Albanian Constitution provides for an independent judiciary consisting of a Constitutional Court with final authority to determine the constitutional rights of individuals. Albanian Constitution, Article 125, Item 1 and Article 128; see also Darian Pavli, "A Brief ’Constitutional History’ of Albania" available at http://www.ipls.org/services/others/chist.html (last visited Janaury 8, 2004); Jean-Marie Henckaerts 26 Stefaan Van der Jeught, Human Rights Protection Under the New Constitutions of Central Europe, 20 Loy. L.A. Int’l 26 Comp. L.J. 475 (Mar. 1998). In South Africa, the new constitutional judiciary plays a similarly important role, following generations of an oppressive apartheid regime. South Africa adopted a new constitution in 1996. Constitution of the Republic of South Africa, Explanatory Memorandum. It establishes a Constitutional Court which "makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional." Id. at Chapter 8, Section 167, Item (5), available at http://www.polity.org.za/html/govdocs/constitution/saconst.html?r ebookmark=1 (last visited January 8, 2004); see also Justice Tholakele H. Madala, Rule Under Apartheid and the Fledgling Democracy in Post-Apartheid South Africa: The Role of the Judiciary, 26 N.C. J. Int’l L. 26 Com. Reg. 743 (Summer 2001). Afghanistan is perhaps the most recent example of a country struggling to develop a more democratic form of government. Adoption by the Loya Jirga of Afghanistan’s new constitution on January 4, 2004 has been hailed as a milestone. See http://www.cbsnews.com/stories/2004/01/02/world/main59111 6.shtml (Jan 7, 2004). The proposed constitution creates a judiciary that, at least on paper, is "an independent organ of the state," with a Supreme Court empowered to review the constitutionality of laws at the request of the Government and/or the Courts. Afghan Const. Art. 116, 121 (unofficial English translation), available at http://www.hazara.net/jirga/AfghanConstitution-Final.pdf (last visited January 8, 2004). See also Ron Synowitz, Afghanistan: Constitutional Commission Chairman Presents Karzai with Long-Delayed Draft Constitution (November 3, 2003), available at http://www.rferl.org/nca/features/2003/11/03112003164239.as p (last visited Jan. 8, 2004). B. Other Nations Have Curtailed Judicial Review During Times Of Crisis, Often Citing the United States’ Example, And Individual Freedoms Have Diminished As A Result. While much of the world is moving to adopt the institutions necessary to secure individual rights, many still regularly abuse these rights. One of the hallmarks of tyranny is the lack of a strong and independent judiciary. Not surprisingly, where countries make the sad transition to tyranny, one of the first victims is the judiciary. Many of the rulers that go down that road justify their actions on the basis of national security and the fight against terrorism, and, disturbingly, many claim to be modeling their actions on the United States. Again, a few examples illustrate this trend. In Peru, one of former President Alberto Fujimori’s first acts in seizing control was to assume direct executive control of the judiciary, claiming that it was justified by the threat of domestic terrorism. He then imprisoned thousands, refusing the right of the judiciary to intervene. International Commission of Jurists, Attacks on Justice 2000-Peru, August 13, 2001, available at http://www.icj.org/news.php3?id_article=258726lang=en (last visited Jan. 8, 2004). In Zimbabwe, President Mugabe’s rise to dictatorship has been punctuated by threats of violence to and the co-opting of the judiciary. He now enjoys virtually total control over Zimbabweans’ individual rights and the entire political system. R.W. Johnson, Mugabe’s Agents in Plot to Kill Opposition Chief, Sunday Times (London), June 10, 2001; International Commission of Jurists, Attacks on Justice 2002— Zimbabwe, August 27, 2002, available at http://www.icj.org/news.php3?id_article=269526lang=en (last visited Jan. 8, 2004). While Peru and Zimbabwe represent an extreme, the independence of the judiciary is under assault in less brazen ways in a variety of countries today. A highly troubling aspect of this trend is the fact that in many of these instances those perpetuating the assaults on the judiciary have pointed to the United States’ model to justify their actions. Indeed, many have specifically referenced the United States’ actions in detaining persons in Guantánamo Bay. For example, Rais Yatim, Malaysia’s "de facto law minister" explicitly relied on the detentions at Guantánamo to justify Malaysia’s detention of more than 70 suspected Islamic militants for over two years. Rais stated that Malyasia’s detentions were "just like the process in Guantánamo," adding, "I put the equation with Guantánamo just to make it graphic to you that this is not simply a Malaysian style of doing things." Sean Yoong, "Malaysia Slams Criticism of Security Law Allowing Detention Without Trial," Associated Press, September 9, 2003 (available from Westlaw at 9/9/03 APWIRES 09:34:00). Similarly, when responding to a United States Government human rights report that listed rights violations in Namibia, Namibia’s Information Permanent Secretary Mocks Shivute cited the Guantánamo Bay detentions, claiming that "the US government was the worst human rights violator in the world." BBC Monitoring, March 8, 2002, available at 2002 WL 15938703. Nor is this disturbing trend limited to these specific examples. At a recent conference held at the Carter Center in Atlanta, President Carter, specifically citing the Guantánamo Bay detentions, noted that the erosion of civil liberties in the United States has "given a blank check to nations who are inclined to violate human rights already." Doug Gross, "Carter: U.S. human rights missteps embolden foreign dictators," Associated Press Newswires, November 12, 2003 (available from Westlaw at 11/12/03 APWIRES 00:30:26). At the same conference, Professor Saad Ibrahim of the American University in Cairo (who was jailed for seven years after exposing fraud in the Egyptian election process) said, "Every dictator in the world is using what the United States has done under the Patriot Act . . . to justify their past violations of human rights and to declare a license to continue to violate human rights." Id. Likewise, Shehu Sani, president of the Kaduna, Nigeriabased Civil Rights Congress, wrote in the International Herald Tribune on September 15, 2003 that "~t~he insistence by the Bush administration on keeping Taliban and Al Quaeda captives in indefinite detention in Guantánamo Bay, Cuba, instead of in jails in the United States — and the White House’s preference for military tribunals over regular courts — helps create a free license for tyranny in Africa. It helps justify Egypt’s move to detain human rights campaigners as threats to national security, and does the same for similar measures by the governments of Ivory Coast, Cameroon and Burkina Faso." Available at http://www.iht.com/ihtsearch.php?id=10992726owner=(IHT)26dat e=20030121123259. In our uni-polar world, the United States obviously sets an important example on these issues. As reflected in the foundational documents of the United Nations and many other such agreements, the international community has consistently affirmed the value of an independent judiciary to the defense of universally recognized human rights. In the crucible of actual practice within nations, many have looked to the United States model when developing independent judiciaries with the ability to check executive power in the defense of individual rights. Yet others have justified abuses by reference to the conduct of the United States. Far more influential than the words of Montesquieu and Madison are the actions of the United States. This case starkly presents the question of which model this Court will set for the world. CONCLUSION Much of the world models itself after this country’s two hundred year old traditions — and still more on its day to day implementation and expression of those traditions. To say that a refusal to exercise jurisdiction in this case will have global implications is not mere rhetoric. Resting on this Court’s decision is not only the necessary role this Court has historically played in this country. Also at stake are the freedoms that many in emerging democracies around the globe seek to ensure for their peoples. 

Detention is key — indefinite detention emboldens global destruction of rights protection

Chaffee 9, Advocacy Counsel at Human Rights First, Dismantling Guantanamo: Facing the Challenges of Continued Detention and Repatriation: The Cost of Indefinitely Kicking the Can: Why Continued "Prolonged" Detention Is No Solution To Guantanamo, http://www.lexisnexis.com/hottopics/lnacademic/?-http://www.lexisnexis.com/hottopics/lnacademic/?
The Guantanamo detentions have shown that assessments of dangerousness based not on overt acts, as in a criminal trial, but on association are unreliable and will inevitably lead to costly mistakes. This is precisely why national security preventive detention schemes have proven a dismal failure in other countries. The potential gains from such schemes are simply not great enough to warrant departure from hundreds of years of western criminal justice traditions. n15-http://www.lexisnexis.com/lnacui2api/frame.do?tokenKey=rsh-20.30065.19597620660426target=results_DocumentContent26returnToKey=20_T1820087175426parent=docview26rand=137972004968426reloadEntirePage=true
The military leaders recognize the disagreeable company that the U.S. keeps when
AND
schemes that the U.S. criticizes as authorized arbitrary detention. n18-http://www.lexisnexis.com/lnacui2api/frame.do?tokenKey=rsh-20.30065.19597620660426target=results_DocumentContent26returnToKey=20_T1820087175426parent=docview26rand=137972004968426reloadEntirePage=true
Indefinite detention regimes aimed at preventing security risks are known to foster human rights abuses
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governments to circumvent the protections guaranteed in criminal trials by citing security concerns.

This sets a global precedent for dissident crackdowns — internal reforms don’t resolve the "loaded weapon" effect

Waxman 9, Law Professor, Matthew C, Professor of Law; Faculty Chair, Roger Hertog Program on Law and National Security, Legislating the War on Terror: An Agenda for Reform", November 3, Book, p. 58
Opponents and skeptics of administrative detention rightly point out that creating new mechanisms for detention
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on dissidents that they label "terrorists" or "national security threats."

Chinese crackdowns on Uighurs make them stronger and cause Asian war

Davis 8, division director and professor of liberal arts and international studies at Colorado School of Mines, Dr. Elizabeth Van Wie, 2008, "Uyghur Muslim Ethnic Separatism in Xinjiang, China," Asian Affairs: An American Review, 2008, Vol. 35, Issue 1, pg. 15-30, ebsco
Alternative Futures¶ The scenario most worrisome to the Chinese would be the Uyghur Muslim
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a fragmenting China. Political instability in China would impact all of Asia.

That causes nuclear war

Mohan 13, distinguished fellow at the Observer Research Foundation in New Delhi, C. Raja, March 2013, Emerging Geopolitical Trends and Security in the Association of Southeast Asian Nations, the People’s Republic of China, and India (ACI) Region," background paper for the Asian Development Bank Institute study on the Role of Key Emerging Economies, http://www.iadb.org/intal/intalcdi/PE/2013/10737.pdf-http://www.iadb.org/intal/intalcdi/PE/2013/10737.pdf
Three broad types of conventional conflict confront Asia. The first is the prospect of
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geographic scope and the normative basis for a future security order in Asia.
Democracy makes war impossible—the U.S. judicial model is the most important factor
Kersch 6, Assistant Professor of Politics
~2006, Ken I. Kersch, Assistant Professor of Politics, Princeton University. B.A., Williams; J.D., Northwestern; Ph.D., Cornell. Thanks to the Social Philosophy and Policy Center at Bowling Green State University, where I was a visiting research scholar in the fall of 2005, and to the organizers of, and my fellow participants in, the Albany Law School Symposium, Albany Law School, "The Supreme Court and international relations theory.", http://www.thefreelibrary.com/The+Supreme+Court+and+international+relations+theory.-a0151714294~~
Liberal theories of international relations hold that international peace and prosperity are advanced to the
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. The liberal foreign policy outlook will thus fortify them against contemporary criticism.

And it’s reverse causal — democratic backsliding causes great power war

Gat 11, Professor at Tel Aviv University, Ezer Weizman Professor of National Security at Tel Aviv University, Azar 2011, "The Changing Character of War," in The Changing Character of War, ed. Hew Strachan and Sibylle Scheipers, p. 30-32
Since 1945, the decline of major great power war has deepened further. Nuclear
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, they may vary less than seemed likely only a short while ago.

Nigeria models U.S. separation of powers

Mwalimu-http://www.google.com/search?hl=en26q=inauthor:22Charles+Mwalimu2226sa=X26ei=_lXhTIP2CIS-sAPfxfzNCg26ved=0CCgQ9Ag, Senior Legal Specialist at Law Library of Congress, 5
The Nigerian Legal System: Public Law, Pg. 6
Nigeria is a country of special significance to the United States. The Nigerian constitutional
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to this special affinity in constitutional formulation between the United States and Nigeria.

This isn’t just historical

Campbell, Senior Fellow for Africa policy at the Council on Foreign Relations, 10
Examining the U.S.-Nigeria Relationship in a Time of Transition, http://allafrica.com/stories/201002240888.html
Nigeria and the United states influence each other in ways more than diplomacy, security
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legions of unemployed university graduates dream of a U.S. visa.
American educational, religious and civil society links to Nigeria are also probably more extensive
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non-official relationship is growing and strengthening without much reference to Abuja.

Nigerian judicial independence is on the brink — loss destroys stability and democracy

Diblia 10/2,  Director of Programs at Access to Justice, Dwindling Judicial Funding: Danger Signal for Democracy,www.thisdaylive.com/articles/dwindling-judicial-funding-danger-signal-for-democracy-/160492/?utm_source=rss26utm_medium=rss26utm_campaign=dwindling-judicial-funding-danger-signal-for-democracy-thisday-live
In underfunding the Judiciary the Jonathan administration may be hoisting a red flag over our collective preference for democratic governance, writes Leonard Dibia
The recent lamentations of the CJN over dwindling funding of the judiciary by the federal government pose a deeply worrisome signal for what we have all come to identify as our "nascent" democracy – a perennial nascence from which Nigeria has indulgently refused to hatch itself after fifty three years of Independence.
The CJN’s speech at the swearing-in ceremony of the latest batch of Senior
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possibility of rendering the judiciary completely inept and prostrate in no distant future.
Although the CJN noted that "underfunding of the judiciary by the federal government would
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may be hoisting a red flag over our collective preference for democratic governance.
A little deference and reflection into political and constitutional histories of most nations of the world (including Nigeria) would reveal the danger inherent in neglecting the judiciary. History not only establishes the fact that adequate and robust funding is critical to judicial independence, it has also enunciated the fact that the dysfunctionalities of a judicial system reeling with ineptitude and neglect touches adversely on every aspect of a nation’s life and stability.
When on December 29, 1993 the late General Sani Abacha mentioned judicial partisanship and
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Justice Warren Burger to pull America off the brink of a political cascade.
There is no gainsaying the fact that inadequate funding on one hand, and judicial
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of highly charged political and civil conflicts in enduring democracies of the world.
It is pertinent to note that enhancing and extricating judicial funding and administration from the
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the judiciary as a major point of dire need for successful democratic governance.

Nigerian democracy is key to survival of Nigeria

Leadership 10/1, Nigeria’s "Most Influential Newspaper", http://leadership.ng/news/011013/democracy-has-stabilised-nigeria-babatope-http://leadership.ng/news/011013/democracy-has-stabilised-nigeria-babatope
Former Transport Minister, Chief Ebenezer Babatope, on Tuesday, said democracy has stabilised Nigeria.
Babatope said in Yenagoa that the positive impact of democratic rule in governance had helped the country to stabilise the polity.
He made the remark at the 17th Anniversary Public Lecture organised by the Bayelsa government, in commemoration of the 17 years of the state’s creation.
The News Agency of Nigeria (NAN) reports that the anniversary lecture has ``Good Governance as Panacea for Promoting Stable Democracy and Sustainable Development’’ as its theme.
The ex-minister said that in spite of its challenges, Nigeria recorded great feats as a nation under democracy.
``Nigeria is a multi-tribal and multi-religious nation. Our delicate balancing of the operations of these essential features of our socio-political lives had helped tremendously in ensuring the triumph of democracy in our nation.
``Though we have conflicts, our nation has not gone under because no matter our faults, we have not allowed the basic tenets of democracy and democratic governance to be subverted in our country.
``Democracy, therefore, has gone a long way to stabilise our nation.’’
Babatope noted that the current challenges facing the country centered on how to make democracy work and survive.
According to him, it is clear that democracy is the only form of government that can guarantee the survival of Nigeria as a nation.

That destabilizes Africa — refugee flows will be massive

Buhari 4 – Former Head of State of the Federal Republic of Nigeria (Muhammadu, "Alternative Perspectives on Nigeria’s Political Evolution", http://www.dawodu.com/buhari1.htm-http://www.dawodu.com/buhari1.htm, April 8^th, 2004, KTOP)
You are perhaps not all aware of the current state of affairs in Nigeria,
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, at a defining moment in its history and the history of Africa.  

That causes global war

Glick 7, Middle East fellow at the Center for Security Policy, Condi’s African holiday,http://www.carolineglick.com/e/2007/12/condis-african-holiday.php?pf=yes
The Horn of Africa is a dangerous and strategically vital place. Small wars, which rage continuously, can easily escalate into big wars. Local conflicts have regional and global aspects. All of the conflicts in this tinderbox, which controls shipping lanes from the Indian Ocean into the Red Sea, can potentially give rise to regional, and indeed global conflagrations between competing regional actors and global powers

Nigerian democracy stops oil shocks

Lubeck, Sociology Prof at Santa Cruz, 7
CONVERGENT INTERESTS: U.S. Energy Security and the "Securing" of Nigerian Democracy," http://www.ciponline.org/NIGERIA_FINAL.pdf
In the short and medium term, these and other instabilities, such as assertive
AND
will prove any more stabilizing and less corrupting than it has to date.

Tournament: NDT | Round: 4 | Opponent: Rutgers RS | Judge: 

1AC

Contention 1 is the Status Quo

The resolutional question of indefinite detention cannot be delinked from Islamophobia—ongoing discrimination and violence has been maintained via a culture of collective suspicion and prejudice

Koenigsknecht 12, Public History MA Candidate
~October 04, 2012, Theresa Koenigsknecht is Public History MA Candidate at Indiana University-Purdue University at Indianapolis, "Perspectives on Post 9/11 Prejudices: Islamophobia", http://blog.gitmomemory.org/2012/10/04/perspectives-on-post-911-prejudices-islamophobia/~~
Have the September 11th terrorist attacks changed how you view or treat others? For
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or treat those around them and in time provide an antidote for Islamophobia. 

These constructions create a broader state of violence against Islamic bodies and bodies that are racially marked to look like them—this manifests itself in xenophobic profiling and immigration policies

Wing 3, Bessie Dutton Murray Distinguished Professor of Law
~Spring 2003, Adrien Katherine Wing is a Bessie Dutton Murray Distinguished Professor of Law at the University of Iowa College of Law. A.B. Princeton, 1978; M.A. UCLA, 1979; J.D. Stanford, 1982. This paper was presented at the Civil Rights symposium of the Louisiana State"Civil Rights in the Post 911 World: Critical Race Praxis, Coalition Building, and the War on Terrorism", http://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=598726context=lalrev26sei-redir=126referer=http3A2F2Fscholar.google.com2Fscholar3Fq3Dguantanamo2B2522critical2Brace2Btheory252226btnG3D26hl3Den26as_sdt3D0252C526as_vis3D1~~23search=22guantanamo20critical20race20theory22, 63 La. L. Rev. (2003)~
To illustrate how race can be socially constructed, I will use myself as an
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a form of punishment for giving material support to terrorist groups.15 2 

Islamophobia shapes US foreign policy—notions of western superiority are a critical tool to drum up support for militaristic and elitist interventions in poor countries

Kumar 13
~09/11/13, Deepa Kumar is an Associate Professor of Media Studies and Middle Eastern Studies at the Rutgers University. She is the author of Islamophobia and the Politics of Empire and Outside the Box: Corporate Media, Globalization, and the UPS Strike being interviewed by Jessica Desvarieux, The Real News Network, "Twelve Years Post 9/11, Islamophobia Still Runs High", http://truth-out.org/video/item/18759-twelve-years-post-9-11-islamophobia-still-runs-high~~

KUMAR: Absolutely not. I think it is true that larger numbers of conservative
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Americans and people who look Muslim have been demonized since 9/11.

We advocate a critical praxis centered on challenging islamophobic indefinite detention policies.

Centering our praxis in this space is key—interrogating islamophobia in educational settings is critical to establish a critical consciousness that enables larger political projects

Housee 12, Senior Lecturer in Sociology
~Jan. 04 2012, Shirin Housee works at the School of Humanities, Languages and Social Sciences, University of Wolverhampton, UK "What’s the point? Anti-racism and students’ voices against Islamophobia", Volume 15, Issue 1~
Having reflected on the two seminar sessions on Islamophobia and the student comments, I
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is to education that our attention should be directed.’ (162)

Deconstructing and interrogating flawed assumptions behind Islamphobia is critical to establish a transformative and liberatory pedagogy that enables us as agents to challenge racist dynamics

Zine 4, Professor of Sociology and Equity Studies
~2004, Jasmin Zine is a researcher studying Muslims in the Canadian diaspora. She teaches graduate courses in the Department of Sociology and Equity Studies in Education at the Ontario Institute for Studies in Education of the University of Toronto in the areas of race and ethnicity, anti-racism education and critical ethnography., "Anti-Islamophobia Education as Transformative Pedadogy: Reflections from the Educational Front Lines",

Tournament: NDT | Round: 3 | Opponent: Emory JS | Judge: Perkins, Clark, Stables
Equipment collapse tanks readiness – your article
Spencer 2k (Jack, Heritage Foundation, "The Facts About Military Readiness," September 15, 2000, http://www.heritage.org/research/reports/2000/09/bg1394-the-facts-about-military-readiness-http://www.heritage.org/research/reports/2000/09/bg1394-the-facts-about-military-readiness)
Most of the equipment that the U.S. military uses today, such
AND
a 300-ship Navy—to 6.5 per year.38
No impact
Fettweis 10 – Professor of national security affairs @ U.S. Naval War College. ~Christopher J. Fettweis, "Threat and Anxiety in US Foreign Policy,"  Survival, Volume 52,
Issue 2 April 2010, pages 59 – 82informaworld~
One potential explanation for the growth of global peace can be dismissed fairly quickly:
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to reach the conclusion that world peace and US military expenditure are unrelated.
CMR crisis is reaching crisis proportions
Munson 12 (Peter, Marine officer, author, and Middle East specialist, 11-12-12, "A Caution on Civil-Military Relations" Small Wars Journal) smallwarsjournal.com/jrnl/art/a-caution-on-civil-military-relations
This brief post represents only a few quickly dashed thoughts in the hope of getting
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this dynamic now before they reach crisis proportions in the years to come.¶ 

2nc
view the impact debate from the lens of the dispossessed—conventional moral theory operates on a false assumption of equal opportunity, the negs demand for justice precedes other discussion of competing moral theories
Mills 97 – Associate Prof of Philosophy @ U Illinois, Chicago 
(Charles-; The Racial Contract)
The Racial Contract has always been recognized by nonwhites as the real determinant of (
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, part of the population covered by the moral operator, or not.
Racism must be rejected in every instance
Albert Memmi 2k, Professor Emeritus of Sociology @ U of Paris, Naiteire, Racism, Translated by Steve Martinot, p. 163-165

The struggle against racism will be long, difficult, without intermission, without remission
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. True, it is a wager, but the stakes are irresistible.

Tournament: NDT | Round: 3 | Opponent: Emory JS | Judge: Perkins, Clark, Stables
No cyber war – exaggeration
Guo 12, IT and legal consultant with a JD from University of Miami
(Tony, "Shaping Preventive Policy in "Cyber War" and Cyber Security: A Pragmatic Approach" Cyber Security and Information Systems Information Analysis Center, Vol 1 Num 1, October 2012, https://www.thecsiac.com/journal_article/shaping-preventive-policy-"cyber-war"-and-cyber-security-pragmatic-approach~23.UhP31JLvuSo-https://www.thecsiac.com/journal_article/shaping-preventive-policy-)
 "Cyber war" today exists only in the hypothetical, and its disastrous
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of breaches today are as a result of system failures and employee negligence.

No war - no motives or capability
Zetter 13, senior reporter at Wired
(Kim, "Spy Chief Says Little Danger of Cyber ’Pearl Harbor’ in Next Two Years" March 12, 2013, http://www.wired.com/threatlevel/2013/03/no-cyber-pearl-harbor/-http://www.wired.com/threatlevel/2013/03/no-cyber-pearl-harbor/)
Contrary to much of the fear-mongering that has been spreading through the nation’s
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were also targeting critical infrastructure systems with the possible intention of causing sabotage.
US/China cyber tensions unlikely to cause war
Moss —- YOUR AUTHOR —- 13
Trevor, "Is Cyber War the New Cold War?" The Diplomact, http://thediplomat.com/2013/04/19/is-cyber-war-the-new-cold-war/?all=true-http://thediplomat.com/2013/04/19/is-cyber-war-the-new-cold-war/?all=true, Apr. 19  
Cyberspace is anarchic, and incidents there span a hazy spectrum from acts of protest
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now, seeing it as an irritant rather than as anything more provocative.

Tournament: NDT | Round: 3 | Opponent: Emory JS | Judge: Perkins, Clark, Stables

Alt cause That eliminates solvency – Cyber espionage will be interpreted as Cyber attack

Willams 11, JD Harvard Law (Robert D., (Spy) Game Change: Cyber Networks, Intelligence Collection, and Covert Action, www.gwlr.org/wp-content/uploads/2012/08/79-4-R_Williams.pdf
Cyber operations may influence the affairs of a foreign power or the relations between that
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heightened measure of ex ante caution with respect to authorization of such operations.

Executive circumvention ensures no solvency

Dycus 10, Professor of National Security Law at Vermont
(Stephen, Congress’ Role in Cyber Warfare, http://jnslp.com/wp-content/uploads/2010/08/11_Dycus.pdf)
Congress’s active role in the development and implementation of cyber warfare policy is no guarantee
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the importance of Congress’s role. Or they might be challenged in court.

====Alt cause – verbiage====
Brennan 12, Lieutenant in the Army
(John W., "United States Counter Terrorism Cyber Law and Policy, Enabling or Disabling?" March 15, 2012, http://nsfp.web.unc.edu/files/2012/09/Brennan_UNITED-STATES-COUNTER-TERRORISM-CYBER-LAW-AND-POLICY.pdf-http://nsfp.web.unc.edu/files/2012/09/Brennan_UNITED-STATES-COUNTER-TERRORISM-CYBER-LAW-AND-POLICY.pdf)
Another potential genesis for the policy debate is the inconsistent verbiage used between the Military
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debates, which ultimately slow down the process of  finding and interdicting terrorists.

A network of national security officials actually determines policy —- enacting external checks just legitimates them without providing any constraint

Glennon, 14 —- Professor of International Law at Tufts (Michael, Harvard National Security Journal, "National Security and Double Government," http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf)-http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf))
VI. Conclusion¶ U.S. national security policy has scarcely changed from
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encourages the public to become less, not more, informed and engaged.

Executive lawyers instruct the president in how to circumvent the plan

Shane, 12 —- Jacob E. Davis and Jacob E. Davis II Chair in Law, The Ohio State University Moritz School of Law (Peter M., Journal of National Security Law 26 Policy, "Executive Branch Self-Policing in Times of Crisis: The Challenges for Conscientious Legal Analysis," 5 J. Nat’l Security L. 26 Pol’y 507))
II. The Breakdown of Government Lawyering The military and foreign policy disasters generated by
AND
would be malpractice. Government lawyering this bad should be grounds for discharge.

2nc

CIA controls policy —- it empirically lies and gets what it wants
Glennon, 14 —- Professor of International Law at Tufts (Michael, Harvard National Security Journal, "National Security and Double Government," http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf)-http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf))
Justice Douglas, a family friend of the Kennedys, saw the Trumanites’ influence first
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for authority to expand its drone program and launch new paramilitary operations.377

The plan can’t solve —- creates illusion of control that allows national security bureaucracy to flourish
Glennon, 14 —- Professor of International Law at Tufts (Michael, Harvard National Security Journal, "National Security and Double Government," http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf)-http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf))
V. Is Reform Possible? Checks, Smoke, and Mirrors
Madison, as noted at the outset,543 believed that a constitution must not only set up a government that can control and protect the people, but, equally importantly, must protect the people from the government.544 Madison thus anticipated the enduring tradeoff: the lesser the threat from government, the lesser its capacity to protect against threats; the greater the government’s capacity to protect against threats, the greater the threat from the government.
Recognition of the dystopic implications of double government focuses the mind, naturally, on possible legalist cures to the threats that double government presents. Potential remedies fall generally into two categories. First, strengthen systemic checks, either by reviving Madisonian institutions—by tweaking them about the edges to enhance their vitality— or by establishing restraints directly within the Trumanite network. Second, cultivate civic virtue within the electorate.
A. Strengthening Systemic Checks
The first set of potential remedies aspires to tone up Madisonian muscles one by one
AND
? What are the responsibilities not of the government but of the people?

It is a unique turn —- Madisonians’ role is decreasing now which risks exposing the illusion of double government
Glennon, 14 —- Professor of International Law at Tufts (Michael, Harvard National Security Journal, "National Security and Double Government," http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf)-http://harvardnsj.org/wp-content/uploads/2014/01/Glennon-Final.pdf))
E. Implications for the Future
The aim of this Article thus far has been to explain the continuity in U
AND
will depart farther and farther from its position and fall to earth."503
If Bagehot’s theory is correct, the United States now confronts a precarious situation.
AND
stories, Holmes said, if people do not believe in ghosts.511
The executive always has the upper hand – rally around the leader effect
Rojas, 12 —- Associate Professor of Sociology at Indiana University (4/16/2012, Fabio, "rachel maddow will not bring peace," http://orgtheory.wordpress.com/2012/04/16/rachel-maddow-will-not-bring-peace/-http://orgtheory.wordpress.com/2012/04/16/rachel-maddow-will-not-bring-peace/)
Andrew Sullivan’s blog excerpted a passage from Rachel Maddow’s recent book. Understandably, Maddow’s book urges Congress to take a stand against war:
    When we go to war, we should raise taxes to pay for it. We should get rid of the secret military. The reserves should go back to being reserves. We should cut way back on the contractors and let troops peel their own potatoes. And above all, Congress should start throwing its weight around again…
I agree in principle, but disagree on practice. Rules and institutions that end
AND
, legislatures can’t be trusted to assert their restraining role in most cases.
The Obama administration has a stated preference for maintaining aggressive counterterror tactics – they ignore legal barriers
Scheuerman, 13 —- Professor of Poli Sci at Indiana University (Spring 2013, William E., Constitutional Commentary, "BOOK REVIEW: BARACK OBAMA’S WAR ON TERROR: POWER AND CONSTRAINT: THE ACCOUNTABLE PRESIDENCY AFTER 9/11," 28 Const. Commentary 519))
Despite Obama’s initial promise to close it down, Guantanamo Bay (GTMO) remains
AND
lawyers can use classified information they may glean from detainees they represent. n13
Again reminiscent of its forerunner, the Obama Administration continues to practice rendition, and
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Bush, will not be facing prosecution under Attorney General Eric Holder. n15
Last but by no means least, the Obama Administration has gone beyond anything President
AND
jury, and executioner even in cases involving U.S. citizens.
Civil libertarians may be exaggerating somewhat when they dub Obama’s war on terror "Bush Lite." Nonetheless, a powerful case can be made that Obama has in fact mostly followed in his predecessor’s footsteps, and that at least in one arena (i.e., targeted killings) he has in fact radicalized employment of one suspect, controversial Bush-era antiterrorism tool.

The president and DOD have a pressing interest in cyber attacks and attribution is impossible
Stephen BENAVIDES, policy analyst and union organizer, Truthout, 13 ~July 30, 2013, "The Coming Cyber-Cold War: US Pioneering Online Attacks," http://truth-out.org/news/item/17714-the-coming-cyber-cold-war~~

The development and expansion of cyber-security, and hence cyber-warfare -
AND
-led arms race that undoubtedly will result in a cyber cold war.
Before Edward Snowden released details about foreign and domestic spying program PRISM, low-
AND
and that the NSA attacked Tsinghua University, a research facility in China.

Tournament: NDT | Round: 3 | Opponent: Emory JS | Judge: Perkins, Clark, Stables

US is pushing for Europe to sign on to harsher sanctions but lacks credibility

Allam 3/4/2014 (Hannah, "U.S., Europe split over imposing tough sanctions on Russia" Read more here: http://www.islandpacket.com/2014/03/04/2982336/us-europe-split-over-imposing.html~~23storylink=cpy-http://www.islandpacket.com/2014/03/04/2982336/us-europe-split-over-imposing.html)

U.S. officials are struggling to get Europe on board for harsh punitive
AND
leaves room for diplomacy in a crisis that’s escalated at an alarming pace.

====Presidential control of OCOs hurts soft power with European allies====
Dunlap 12, Major General and Former Deputy Judge Advocate General
(Lawless Cyberwar? Not If You Want to Win, www.americanbar.org/groups/public_services/law_national_security/patriot_debates2/the_book_online/ch9/ch9_ess2.html-http://www.americanbar.org/groups/public_services/law_national_security/patriot_debates2/the_book_online/ch9/ch9_ess2.html)
Military commanders have seen the no-legal-limits movie before and they do
AND
impact on coalition support that the mere perception of American lawlessness can have.

Concessions are key to getting Europe on board with harsher sanctions

Politico 3/23/14 ("Another Obama reset: Europe" http://www.politico.com/story/2014/03/barack-obama-europe-reset-104917.html?hp=f1-http://www.politico.com/story/2014/03/barack-obama-europe-reset-104917.html?hp=f1)

Talks with European leaders on Ukraine during this week’s presidential visit will be tough,
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us together is not love of history or common values. It’s necessity."

Russian retaliation toward Europe collapses the global economy

Mercier 3/15/14 (Gilbert, "Ukraine’s Crisis: Economic Sanctions Could Trigger a Global Depression" http://newsjunkiepost.com/2014/03/15/ukraines-crisis-economic-sanctions-could-trigger-a-global-depression/~~23sthash.pEZWGXtx.dpuf-http://newsjunkiepost.com/2014/03/15/ukraines-crisis-economic-sanctions-could-trigger-a-global-depression/)

The referendum in Crimea on March 16, 2014 will probably attach the peninsula to
AND
partnership with the Russian giant oil company to exploit Black Sea oil reserves. 

Global economic collapse ensures great power conflict and accesses every impact possible

Green 26 Schrage, IR Prof @ Georgetown, ’09 
~Michael Green, Senior Advisor 26 Japan Chair @ The Center for Strategic and International Studies 26 Associate Professor @ The Walsh School of Foreign Service,  Steven Schrage, CSIS Scholl Chair in International Business, Former Senior official with the U.S. Trade Representative’s Office, State Department and Ways 26 Means Committee, "It’s not just the economy," March 26^th 2009, http://www.atimes.com/atimes/Asian_Economy/KC26Dk01.html-http://www.atimes.com/atimes/Asian_Economy/KC26Dk01.html~~
Facing the worst economic crisis since the Great Depression, analysts at the World Bank
AND
demonstration effect of liberal norms we are urging China to embrace at home.

Tournament: NDT | Round: 3 | Opponent: Emory JS | Judge: Perkins, Clark, Stables
====aff’s use of the law is a militaristic tactic that creates legal legitimacy to propel more frequent, more deadly violent interventions that ensure infrastructural violence that maims civilians – they actively displace moral questions in favor of a pathologically detached question of legality====
Smith 2 – prof of phil @ U of South Florida
(Thomas, International Studies Quarterly 46, The New Law of War: Legitimizing Hi-Tech and Infrastructural Violence)

The role of military lawyers in all this has, according to one study,
AND
and construed, hopes of rescuing law from politics will be dim indeed.

====militarism is a fundamentally unsustainable system that is the root cause of all extinction threats and ensures mass structural violence – non-violence is the only possible response====
Kovel 2
(Joel, "The United States Military Machine", http://www.joelkovel.org/americanmilitary.htm; Jacob)

I want to talk to you this evening about war - not the immediate threat
AND
military machine is about to plunge, dragging us all down with it.

2nc

Everything we do, everything we read forms us as subjects as the world – social change cannot be effected unless there is a vocabulary to construct subjects that engage in a new way of knowing – the alt is a formation of new ethical subjects – the affirmative solidifies dominant structures and knowledges that actively prevent ethics
-necessary to create a new social vocabulary around issues to effect real change
-we are constantly being constructed as subjects by the experiences we have
-on an individual level, ethics is a processing of attuning your ways of knowing the world and relating to the world to be more compassionate and open
-the way our self exists is inseparable from our relationship to the world
-this breaks processes of solidifying existing ways of knowing and mainstream institutions – the affirmative is a step in a long, long process of normalization to make the self complicit with and accepting of violence and inequality – the act of criticism in our alternative is an act of interruption that ethically attunes the self to the hidden violence of dominant knowledges
- we construct the way we interact with the law with reference to this reality
Scott 9 – prof of philosophy @ Vanderbilt
(Charles, Journal of Medicine and Philosophy, 34: 350–367, Foucault, Genealogy, Ethics)
In Foucault’s analysis of the May 1968 uprising in France, he said that even
AND
should I affirm what is happening in the margins of my established identity?
This is a comparatively more productive strategy than the aff’s hubristic attempts to change the world – only our framework produces an ethical self that can create productive micropolitics
Chandler 13 – prof of IR @ Westminster
(The World of Attachment? The Post-humanist Challenge to Freedom and Necessity, Millenium: Journal of International Studies, 41(3), 516– 534)
The world of becoming thereby is an ontologically flat world without the traditional hierarchies of
AND
be remade with a new self and a ’new self-interest’.
causal linear IR predictions are inherently incomplete – epistemic uncertainty is the defining principle of international politics
Hendrick 9 – PhD from Bradford U, contributor to Oxford University Press 
(Diane, "Complexity Theory and Conflict Transformation: An Exploration of Potential and Implications", http://www.brad.ac.uk/acad/confres/papers/pdfs/CCR17.pdf)
In international relations Neil E. Harrison makes the case for the value of complexity
AND
different solutions to policy problems." (Harrison, 2006 p. 2)
2. doubt must come first, the affirmative’s footnoting of the alternative doesn’t solve and obscures moral analysis
Neu 13 – prof @ U of Brighton
(Michael, International Relations 27(4), The Tragedy of Justified War)
I cannot provide an extensive account of binary thinking and lacking ambiguity in contemporary just
AND
no supreme emergencies; the normal defense of rights holds unquestioned sway.32
the will of the people expressed through a peace movement is the most effective method for social change against militarism – the nation-state system is broken and corrupt – since the aff doesn’t change that, any risk they shut out the peace movement means you vote negative 
Moore 5 – fellow @ Harvard’s Berkman Center 
(John, Extreme Democracy, The Second Superpower Rears its Beautiful Head, p. 37-40)
As the United States government becomes more belligerent in using its power in the world
AND
in turn can be used to support activities consistent with an emerging mission.

Structural violence is the proximate cause of all war- creates priming that psychologically structures escalation
Answers no root cause- because there is no root cause we must be attentative to structural inequality of all kinds because it primes people for broader violence- our impact is about the scale of violence and the disproportionate relationship between that scale and warfare, not that one form of social exclusion comes first
Scheper-Hughes and Bourgois ’4
(Prof of Anthropology @ Cal-Berkely; Prof of Anthropology @ UPenn)
(Nancy and Philippe, Introduction: Making Sense of Violence, in Violence in War and Peace, pg. 19-22)

This large and at first sight "messy" Part VII is central to this
AND
including the house gun and gated communities; and reversed feelings of victimization).
Prefer this impact – structural violence is invisible and exponential 
Nixon 11
(Rob, Rachel Carson Professor of English, University of Wisconsin-Madison, Slow Violence and the Environmentalism of the Poor, pgs. 2-3)
Three primary concerns animate this book, chief among them my conviction that we urgently
AND
in situations where the conditions for sustaining life become increasingly but gradually degraded.

Tournament: NDT | Round: 3 | Opponent: Emory JS | Judge: Perkins, Clark, Stables

War powers authority is the president’s power to conduct war as Commander-in-chief

Gerald G. Howard - Spring, 2001, Senior Notes and Comments Editor for the Houston Law Review, COMMENT: COMBAT IN KOSOVO: IGNORING THE WAR POWERS RESOLUTION, 38 Hous. L. Rev. 261, LexisNexis

 ~*270~  The issue, then, becomes one of defining and monitoring
AND
of authority to properly assess the legality of the combat operations in Kosovo.

Offensive cyber operations must disrupt or damage information in computers 26 networks or the computers 26 networks themselves

Washington Post – 8/30/13, Barton Gellman and Ellen Nakashima, U.S. spy agencies mounted 231 offensive cyber-operations in 2011, documents show, http://www.washingtonpost.com/world/national-security/us-spy-agencies-mounted-231-offensive-cyber-operations-in-2011-documents-show/2013/08/30/d090a6ae-119e-11e3-b4cb-fd7ce041d814_story.html-http://www.washingtonpost.com/world/national-security/us-spy-agencies-mounted-231-offensive-cyber-operations-in-2011-documents-show/2013/08/30/d090a6ae-119e-11e3-b4cb-fd7ce041d814_story.html

The scope and scale of offensive operations represent an evolution in policy, which in
AND
timing of an attack, lose control of a computer or miscalculate locations.

Violation – The aff includes cyberattacks AND cyberexploitation – cyberexploitation doesn’t disrupt its target – only cyberattacks are "conduct of war"

James A. Lewis – Senior Fellow, Tech 26 Public Policy, CSIS - September 2010, Thresholds for Cyberwar, http://csis.org/files/publication/101001_ieee_insert.pdf

There is a broad range of hostile or malicious action in cyberspace – crime,
AND
not intimidation, not the use of force, and not an attack. 

Vote Neg

Limits – Cyber-exploitation includes a whole list of potential clandestine activities: stealing trade secrets, monitoring allies, spying on enemies, data mining, etc.  That adds at least 4 new areas to the 4 already in the topic – neg can’t keep up.

Ground – Cyber-exploitation for spying and economic gain have nothing to do with war – skirts all our core DAs and gives the aff unfair, unpredictable advantage ground

Extra T is a voting issue – Severing the untopical parts of the aff force the neg to go for T just to get back to zero – no time to go for a substantive strategy and T

2nc

Military planners define OCO as cyberattacks – NRC agrees it’s the most useful definition, despite a lack of broad consensus  
National Research Council – 2009, William A. Owens, Kenneth W. Dam, and Herbert S. Lin (editors), National Academy of Sciences, Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities, http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf
A wide variety of terms in the literature have definitions that overlap with the definitions
AND
cyberattack" as the term best describing the primary focus of this report.¶
More ev – presidential directive
Warwick Ashford – 9/2/13, Snowden docs show broad and aggressive US cyber intrusions, ComputerWeekly.com, http://www.computerweekly.com/news/2240204552/Snowden-docs-show-broad-aggressive-US-cyber-intrusions
In October 2012, defense secretary Leon Panetta admitted that the US was developing a cyber offensive capability. The US defence department had developed tools to trace attackers, he said, and a cyber strike force that could conduct operations via computer networks. The latest leaked documents show that of the 231 offensive operations conducted in 2011, nearly three-quarters were against top-priority targets, which former officials say includes adversaries such as Iran, Russia, China and North Korea. According to a presidential directive issued in October 2012, offensive cyber operations are defined as activities intended to manipulate, disrupt, deny, degrade or destroy information resident in computers or computer networks, or the computers and networks themselves.¶ A cyber war is defined as a conflict that uses hostile, illegal transactions or attacks on computers and networks in an effort to disrupt communications and other pieces of infrastructure as a mechanism to inflict economic harm or upset defenses. 

Cyberattacks affect manipulation of data — that’s distinct from cyber exploitation which merely copies data
Brecher 13, JD Candidate at UMich Law School, Cyberattacks and the Covert Action Statute: Toward a Domestic Legal Framework for Offensive Cyberoperations, http://www.michiganlawreview.org/assets/pdfs/111/3/Brecher.pdf-http://www.michiganlawreview.org/assets/pdfs/111/3/Brecher.pdf
The term "cyberattack," as used in this Note, refers to a "deliberate action~~ to alter, disrupt, deceive, degrade, or destroy computer systems or networks or the information ~or~ programs resident in or transiting these systems or networks."7 Key characteristics of cyberattacks include the great difficulty of attributing them definitively to their sources,8 and their potential to cause almost instantaneous effects from anywhere in the world.9 Cyberattacks are frequently confused with cyberexploitation, which as a technical matter is similar. The key difference is that cyberexploitation involves only the monitoring or copying of data, while cyberattacks involve the manipulation of data.10 This Note discusses only the latter¶
Conflating cyberattack and cyberexploitation creates bad discussion and bad policy – they require totally separate plans and responses  
National Research Council – 2009, William A. Owens, Kenneth W. Dam, and Herbert S. Lin (editors), National Academy of Sciences, Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities, http://www.lawfareblog.com/wp-content/uploads/2013/01/NRC-Report.pdf 

Cyberattack and cyberexploitation are often conflated in public discourse, and in particular cyberexploitations are
AND
international norms even when it might not object to limiting certain attack capabilities.

Tournament: NDT | Round: 2 | Opponent: Trinity RS | Judge: Deming, Cohn, Moore

1AC Plan

The United States federal judiciary should order that individuals who have won their habeas corpus hearing while in military detention should be released.

1AC Legal Legitimacy

Contention one is Legal Legitimacy:

Lack of a credible remedy renders habeas useless

Milko 12 ~Winter, 2012, Jennifer L. Milko, "Separation of Powers and Guantanamo Detainees: Defining the Proper Roles of the Executive and Judiciary in Habeas Cases and the Need for Supreme Guidance", 50 Duq. L. Rev. 173~
A. Arguments for a Remedy By urging deference to the Executive Branch, the
AND
being improperly limited, as they are not utilizing their constitutional power properly.

Only the plan’s judicial clarification solves and maintains legitimacy

Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~
The Bush Administration’s detainee policy made clear that - due to America’s power - the
AND
and reinforces the sense that our constitutional values reflect universal human rights. n449

Unless the judiciary initiates remedial power the Court will be reduced to irrelevance

Tirschwell 9 ~2009, Eric A. Tirschwell is the first listed lawyer on the brief, "ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT", http://ccrjustice.org/files/2009-12-0420kiyemba_FINAL20merits20brief_0.pdf~~
In Boumediene, the Court split over whether the petitioners had access, through the
AND
of personal liberty"; "no higher duty than to maintain it unimpaired"). 

Otherwise global instability is inevitable – court re-affirmation of habeas stops global war

Knowles 9 ~Spring, 2009, Robert Knowles is a Acting Assistant Professor, New York University School of Law, "American Hegemony and the Foreign Affairs Constitution", ARIZONA STATE LAW JOURNAL, 41 Ariz. St. L.J. 87~
American unipolarity has created a challenge for realists. Unipolarity was thought to be inherently
AND
the same project that the courts constantly grapple with in adjudicating domestic disputes.

Specifically, it stops cascading ethnic conflicts which culminate in nuclear war

Crawford 9, Dr. Crawford is the Associate Director of the Institute of European Studies and Lecture of International and Area Studies at UC Berkeley, Ethnic Conflict in Georgia: What Lies Ahead, http://rpgp. berkeley.edu/node/87)
Ironically, at the same time that the demands of exclusive cultural groups for state
AND
the coming spiral of violent global confrontation triggered by ethnic and sectarian conflicts.

1AC Judicial Review

Contention two is Judicial Review:

Kiyemba undid Boumediene – rectifying this is a crucial test to maintain the court’s leadership as a model to be emulated

Scharf 9, Professor Michael P. Slcharf, PILPG Managing Director, John Deaver Drinko — Baker 26 Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, BRIEF OF THE PUBLIC INTERNATIONAL LAW 26 POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf
The precedent of this Court has a significant impact on rule of law in foreign
AND
law during times of conflict, and foreign governments have followed this lead.

Re-affirming habeas shapes global legal development through judicial dialogue – a credible remedy is essential

Scharf et al 9 ~Professor Michael P. Scharf is the PILPG Managing Director, John Deaver Drinko — Baker 26 Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, "BRIEF OF THE PUBLIC INTERNATIONAL LAW 26 POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS", www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf~
TRANSNATIONAL JUDICIAL DIALOGUE CONFIRMS THIS COURT’S LEADERSHIP IN PROMOTING ADHERENCE TO RULE OF LAW IN
AND
promoting respect for rule of law in foreign states during times of conflict.

A strong judiciary is the key factor

Kalb 13 ~Summer, 2013; Johanna Kalb is an Associate Professor of Law, Loyola University New Orleans College of Law, "The Judicial Role in New Democracies: A Strategic Account of Comparative Citation", 38 Yale J. Int’l L. 423~
The role of the judiciary in transitional regimes has received increasing attention in the last
AND
as unconstitutional domestically unpopular legislation forced on the elected branches by international actors.

Strong democracy maintains global peace – the best research proves

Cortright 13, David Cortright is the director of Policy Studies at the Kroc Institute for Peace Studies at the University of Notre Dame, Chair of the Board of Directors of the Fourth Freedom Forum, and author of 17 books, Kristen Wall is a Researcher and Analyst at the Kroc Institute, Conor Seyle is Associate Director of One Earth Future, Governance, Democracy, and Peace How State Capacity and Regime Type Influence the Prospects of War and Peace, http://oneearthfuture.org/sites/oneearthfuture.org/files//documents/publications/Cortright-Seyle-Wall-Paper.pdf
Drawing from the empirical literature, this paper identifies two underlying pathways through which state
AND
importance of inclusive and representative governance structures for the prevention of armed conflict.

The converse is true, backsliding causes great power war

Gat 11, Professor at Tel Aviv University, Ezer Weizman Professor of National Security at Tel Aviv University, Azar 2011, "The Changing Character of War," in The Changing Character of War, ed. Hew Strachan and Sibylle Scheipers, p. 30-32
Since 1945, the decline of major great power war has deepened further. Nuclear
AND
, they may vary less than seemed likely only a short while ago.

Specifically, re-affirmation of rule of law principles on detention causes Iraqi modelling – that staves off civil war

Scharf et al 9, PILPG Managing Director ~Professor Michael P. Scharf is the PILPG Managing Director, John Deaver Drinko — Baker 26 Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, "BRIEF OF THE PUBLIC INTERNATIONAL LAW 26 POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS", www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf~
As the foregoing examples illustrate, foreign governments rely on the precedent set by the
AND
upholds the rule of law, foreign judges are more likely to follow.

Democratic stability prevents outbreak of Middle Eastern war – the threat is under-estimated

Cordesman 13, Anthony H. Cordesman holds the Arleigh A. Burke Chair in Strategy at CSIS, Iraq: The New Strategic Pivot in the Middle East, http://csis.org/publication/iraq-new-strategic-pivot-middle-east
It is hard to determine why Iraq receives so little U.S. attention
AND
82 members of the Iraqi Security Forces were killed and 206 were injured."
This neglect may be a matter of war fatigue; the result of a conflict
AND
just beginning to see how much of a strategic pivot Iraq has become.
The strategic map of the region is changing and Iraq’s role in that change is critical. It used to be possible to largely separate the Gulf and the Levant. One set of tensions focused on the Arab-Israel conflict versus tensions focused on the Gulf. Iraq stood between them. It sometimes became a crisis on its own but always acted as a strategic buffer between two major subregions in the Middle East.
However, it has become clear over the last year that the upheavals in the Islamic and Arab world have become a clash within a civilization rather than a clash betweencivilizations. The Sunni vs. Alewite civil war in Syria is increasingly interacting with the Sunni versus Shi’ite tensions in the Gulf that are edging Iraq back towards civil war. They also interact with the Sunni-Shi’ite, Maronite, and other confessional struggles in Lebanon.
The "Kurdish problem" now spreads from Syria to Iraq to Turkey to Iran. The question of Arab identity versus Sunni or Shi’ite sectarian identity divides Iraq from the Arab Gulf states and pushes it towards Iran. Instead of terrorism we have counterinsurgency, instability, and religious and ethnic conflict.
For all the current attention to Syria, Iraq is the larger and more important
AND
20 percent of the world oil and LNG exports go through the Gulf.
This does not mean the conflict in Syria is not tragic or that it is
AND
the region make things steadily worse in Iraq and drive it towards Iran.
If Iraq moves towards active civil war, its Shi’ites will be driven further towards
AND
everything it can to replace its ties to Syria with influence in Iraq.
If Iraq moves towards active civil war, its Shi’ites will be driven further towards
AND
everything it can to replace its ties to Syria with influence in Iraq.
Arab and Turkish pressure on Iraq seems more likely to push Iraq towards Iran than away from it. If Iraq becomes caught up in sectarian and ethnic civil war, this will push its Shi’ite majority towards Iran, push its Kurds toward separatism, and push the Arab states around Iraq to do even more to support Sunni factions in Lebanon, Syria, and Iraq while suppressing their own Shi’ites.
The United States has limited cards to play. The U.S.-Iraqi
AND
The State Department did not make an aid request for Iraq for FY2014.
However, it is far from clear that Prime Minister Nouri al-Maliki or
AND
capita income of a poverty state, ranking only 162 in the world.
Making Iraq a major strategic focus in dealing with Turkey and our Arab friends and
AND
resources it needs to move Iraq towards economic reform and a stable military.
Even limited success in damping down internal conflict in Iraq and helping Iraq keep a
AND
civilization into a serious war and spill over into terrorism in the West.

Extinction

Russell 9 James, Senior Lecturer Department of National Security Affairs, Spring, "Strategic Stability Reconsidered: Prospects for Escalation and Nuclear War in the Middle East" Security Studies Center Proliferation Papers, http://www.analyst-network.com/articles/141/StrategicStabilityReconsideredProspectsforEscalationandNuclearWarintheMiddleEast.pdf
Strategic stability in the region is thus undermined by various factors: (1)
AND
the peoples of the region, with substantial risk for the entire world.

Checks on escalation are insufficient

Singh 11, Washington Institute director, 9/22, "What has really changed in the Middle East?", http://shadow.foreignpolicy.com/posts/2011/09/22/what_has_really_changed_in_the_middle_east
Third, and most troubling, the Middle East is likely to be a more
AND
nuclear weapon, which would shift any contest for regional primacy into overdrive. 

The plan is necessary for Nepalese modelling

Scharf 9, Professor Michael P. Scharf, PILPG Managing Director, John Deaver Drinko — Baker 26 Hostetler Professor of Law and Director of the Frederick K. Cox International Law Center at the Case Western Reserve University School of Law, BRIEF OF THE PUBLIC INTERNATIONAL LAW 26 POLICY GROUP AS AMICUS CURIAE IN SUPPORT OF PETITIONERS, www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_09_10_08_1234_PetitionerAmCuPILPG.authcheckdam.pdf
II. PILPG’S EXPERIENCE ADVISING FOREIGN GOVERNMENTS AND JUDICIARIES ILLUS- TRATES THE IMPORTANCE OF
AND
system, particularly how this Court enforces key decisions in the lower courts. 

That solves corruption

Sanghera 11, Office of the High Commissioner for Human Rights in Nepal, Nepal Bar Association (NBA) Interaction on Independence of Judiciary for Human Rights, http://nepal.ohchr.org/en/resources/Documents/English/statements/HCR/Year2011/May/2011_05_26_Speech_NBA_Interaction_on_Independence_of_Judiciary_for_HR_E.pdf
• It is crystal clear that judicial Independence is a matter of human rights.
AND
can adjudicate complaints of human rights violations are vital for effective accountability mechanisms. 

It’s accelerating now and will collapse Nepal

Brown 12, Seyom Brown is a professor of international politics and national security at Southern Methodist University. Vanda Felbab-Brown is a fellow in foreign policy at the Brookings Institution, Nepal, On the Brink of Collapse, http://www.nytimes.com/2012/06/06/opinion/nepal-on-the-brink-of-collapse.html?_r=326ref=opinion26
FOR more than two decades, Nepal, a resource-rich, impoverished country
AND
agreement in 2006; and the removal of the monarchy altogether in 2008.
Since the civil war ended, after the loss of more than 16,000
AND
that never held them accountable — are becoming even more politicized and corrupt.
Although Nepal is no stranger to crises, the one currently seizing the country risks
AND
leaders, and is quite likely to produce an even more divided legislature.
The fitful struggle to develop a constitution both epitomizes and exacerbates the country’s ethnic,
AND
has become a frenzied contest to secure special privileges for one’s own community.
By making promises they can’t fulfill, politicians are losing control of the very animosities
AND
of the poorest countries in the world; unemployment is at 45 percent.
The parties are using criminal groups to recruit stick-wielding youths to protest.
AND
the Nepali Congress Party, have begun to emulate the Maoists’ street tactics.
On Monday, in a move symptomatic of the mistrust and cynicism, dozens of political parties, including the Nepali Congress, raised suspicions about the Maoists’ motives in dissolving the Constituent Assembly and called for protests against its dissolution. Few Nepalis expect the present situation to explode into another civil war, but increasingly brazen and regular acts of violence in the capital demonstrate that lawlessness has reached crisis proportions.
With most institutions malfunctioning and the system of patronage deeply ingrained, bribery and political connections rule the day. Individual acts of courage against corruption are cause for hope, but to fully restore the rule of law, and respect for it, Nepal needs to step up its efforts to improve public integrity. A prominent anti-corruption agency has been leaderless for over a year as parties bicker over who should lead it.

War over Nepal goes nuclear

Poudel 2 (Keshab, Looming Uncertainty, The National NewsMagazine, 21(34), 3-8,
http://www.nepalnews.com.np/contents/englishweekly/spotlight/2002/mar/mar08/national2.htm)
Following the September 11 terrorist attacks, however, the United States and western European
AND
India in the south of the Himalayas will have far-reaching consequences.

High risk of nuclear war between India and China —- it’s on hair-trigger alert

Sullivan and Massa 10, Mr. Sullivan is research fellow and program manager at the American Enterprise Institute’s Center for Defense Studies. Mr. Mazza is a senior research associate at AEI, http://online.wsj.com/news/articles/SB10001424052748703384204575509163717438530
India and Pakistan are the two countries most likely to engage in nuclear war, or so goes the common wisdom. Yet if recent events are any indication, the world’s most vigorous nuclear competition may well erupt between Asia’s two giants: India and China.
Both countries already house significant and growing arsenals. China is estimated to have approximately
AND
near Tibet, placing targets in northern India within range of its forces.
Yet the stakes have been raised yet again in recent months. Indian defense minister
AND
these nuclear-armed planes could operate deep within China with midflight refueling.
For its part, China continues to enhance the quality, quantity and delivery systems
AND
strike targets throughout India from the secure confines of the South China Sea.

No circumvention and the courts are effective—the executive will consent

Prakash and Ramsay 12, Professors of Law
 ~2012, Saikrishna B. Prakash is a David Lurton Massee, Jr. Professor of Law and Sullivan and Cromwell Professor of Law, University of Virginia School of Law., and Michael D. Ramsey is a Professor of Law, University of San Diego School of Law; "The Goldilocks Executive", Review of THE EXECUTIVE UNBOUND:AFTER THE MADISONIAN REPUBLIC. By Eric A. Posner 26 Adrian Vermeule, 90 Texas L. Rev. 973, http://www.texaslrev.com/wp-content/uploads/Prakash-Ramsey-90-TLR-973.pdf~~

The Courts.—The courts constrain the Executive, both because courts are necessary to
AND
of law, including law defined as what a court will likely order.

Tournament: NDT | Round: 2 | Opponent: Trinity RS | Judge: Deming, Cohn, Moore

2AC Alt Fails

Extralegal activism fails—grassroots movements leave existing social structures intact while promoting the illusion of change

Lobel 7, Assistant Professor of Law
~February, 2007; Orly Lobel is an Assistant Professor of Law, University of San Diego. LL.M. 2000 (waived), Harvard Law School; LL.B. 1998, Tel-Aviv University, "THE PARADOX OF EXTRALEGAL ACTIVISM: CRITICAL LEGAL CONSCIOUSNESS AND TRANSFORMATIVE POLITICS", 120 Harv. L. Rev. 937~
Both the practical failures and the fallacy of rigid boundaries generated by extralegal activism rhetoric
AND
raising as directly translating into action and action as directly translating into change.

 Certainly not every cultural description is political. Indeed, it is questionable whether
AND
, and contemporary discontent is legitimated through a process of self-mystification.

2AC AT Legal Cooption

The alt gets co-opted too—you should affirm an optimistic outlook towards the law to reform and redefine it for positive purposes

Lobel 7, Assistant Professor of Law
~February, 2007; Orly Lobel is an Assistant Professor of Law, University of San Diego. LL.M. 2000 (waived), Harvard Law School; LL.B. 1998, Tel-Aviv University, "THE PARADOX OF EXTRALEGAL ACTIVISM: CRITICAL LEGAL CONSCIOUSNESS AND TRANSFORMATIVE POLITICS", 120 Harv. L. Rev. 937~
A critique of cooptation often takes an uneasy path. Critique has always been and
AND
constantly redefining the boundaries of legal reform and making visible law’s broad reach.

Legal restraints work—-exception theory is self-serving and wrong

William E. Scheuerman 6, Professor of Political Science at Indiana University, Carl Schmitt and the Road to Abu Ghraib, Constellations, Volume 13, Issue 1
Yet this argument relies on Schmitt’s controversial model of politics, as outlined eloquently but
AND
to develop a legal apparatus suited to the special problem of irregular combatants.

AT Rana K*

2AC FW

Absent institutional concerns the alt is useless

Wight – Professor of IR @ University of Sydney – 6
(Colin, Agents, Structures and International Relations: Politics as Ontology, pgs. 48-50
One important aspect of this relational ontology is that these relations constitute our identity as
AND
upon it, upon its specific characteristics, its constants and its variables’.

A focus on policy is necessary to learn the pragmatic details of powerful institutions – acting without this knowledge is doomed to fail in the face of policy professionals who make the decisions that actually affect outcomes

McClean, Adjunct Professor of Philosophy at Molloy College in New York, 2001
(David E., "The Cultural Left and the Limits of Social Hope", Conference of the Society for the Advancement of American Philosophy, http://www.americanphilosophy.org/archives/past_conference_programs/pc2001/)
Or we might take Foucault who, at best, has provided us with what
AND
critics with their snobish disrespect for the so-called "managerial class."  

2AC AT: Root Cause

No root cause

Sharpe 10, lecturer, philosophy and psychoanalytic studies, and Goucher, senior lecturer, literary and psychoanalytic studies – Deakin University, ’10
(Matthew and Geoff, Žižek and Politics: An Introduction, p. 231 – 233)
We realise that this argument, which we propose as a new ’quilting’ framework
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produced illusions, from Plato’s timeless cave allegory to Žižek’s theory of ideology.
We know that Theory largely understands itself as avowedly ’post- metaphysical’. It
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today pointedly reject Theory’s legitimacy, neither reading it nor taking it seriously.

2AC AT: SVio

War turns structural violence

Goldstein 1—Prof  PoliSci @ American University, Joshua, War and Gender , P. 412
First, peace activists face a dilemma in thinking about causes of war and working
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on injustice as the main cause of war seems to be empirically inadequate.

2AC AT: Ethics

Extinction first

Kateb, Professor of Politics at Princeton University, ’92 (George, The Inner Ocean, pg. 141)
To sum up the lines of thought that Nietzsche starts, I suggest first that
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than existence and can ever be used to justify the risk of extinction. 

Third, from the moral point of view, existence seems unjustifiable because of the
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the perspective of nothing, which in part is the perspective of extinction.

1AR

K

Indefinite detention as a war power means detention of enemy combatants – prefer our interpretation – relies on administration position – most predictable

The Committee on Federal Courts 4 ~2004, The Committee on Federal Courts, "THE INDEFINITE DETENTION OF "ENEMY COMBATANTS": BALANCING DUE PROCESS AND NATIONAL SECURITY IN THE CONTEXT OF THE WAR ON TERROR *", 59 The Record 41, The Record of The Association of The Bar of the City of New York~

The President, assertedly acting under his "war power" in prosecuting the "war on terror," has claimed the authority to detain indefinitely, and without access to counsel, persons he designates as "enemy combatants," an as yet undefined term that embraces selected suspected terrorists or their accomplices.
Two cases, each addressing a habeas corpus petition brought by an American citizen, have reviewed the constitutionality of detaining "enemy combatants" pursuant to the President’s determination:
- Hamdi v. Rumsfeld, 316 F.3d 450 (4th Cir. 2003), cert. granted, 124 S. Ct. 981 (Jan. 9, 2004) (No. 03-6696), concerns a citizen seized with Taliban military forces in a zone of armed combat in Afghanistan;
 - Padilla ex. rel. Newman v. Bush, 233 F. Supp. 2d 564 (S.D.N.Y. 2002), rev’d sub nom., Padilla ex. rel. Newman v. Rumsfeld, 352 F.3d 695 (2d Cir. 2003), cert. granted, 124 S. Ct. 1353 (Feb. 20,  ~*42~  2004) (No. 03-1027), concerns a citizen seized in Chicago, and suspected of planning a terrorist attack in league with al Qaeda.
Padilla and Hamdi have been held by the Department of Defense, without any access
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, § 2), to detain persons he classifies as "enemy combatants":
- indefinitely, for the duration of the "war on terror";
 - without any charges being filed, and thus not triggering any rights attaching to criminal prosecutions;
 - incommunicado from the outside world;
 - specifically, with no right of access to an attorney;
 - with only limited access to the federal courts on habeas corpus, and with no right to rebut the government’s showing that the detainee is an enemy combatant.

No link — we don’t impose change, we allow for other countries to model us —- that’s distinct

Twining 4
(William, "DIFFUSION OF LAW: A GLOBAL PERSPECTIVE1" http://jlp.bham.ac.uk/volumes/49/twining-art.pdf)
(h) There is a tendency in the literature to assume that most diffusion
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top-down perspective that underestimates the importance of informal processes of interaction.

Tournament: NDT | Round: 2 | Opponent: Trinity RS | Judge: Deming, Cohn, Moore

Detention legal strategies make political movements effective—utilizing the courts brings national attention and leads to policy changes

Lobel 4, Professor of Law
~December 2004, Jules Lobel is a Professor of Law, University of Pittsburgh Law School, "Courts as Forums for Protest", 52 UCLA L. Rev. 477~
~*556~ I conclude with a discussion of the litigation brought on behalf of
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society and governmental actors to remedy an injustice which otherwise will continue unchecked.

Tournament: NDT | Round: 2 | Opponent: Trinity RS | Judge: Deming, Cohn, Moore

Restriction is a limitation

STATE OF ARIZONA, Appellee, v. JEREMY RAY WAGNER, April 10, 2008, Filed, Appellant., 1 CA-CR 06-0167, 2008 Ariz. App. Unpub. LEXIS 613, opinion by Judge G. MURRAY SNOW
P10 The term "restriction" is not defined by the Legislature for the purposes
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natural and obvious meaning, which may be discerned from its dictionary definition.").
P11 The dictionary definition of "restriction" is "~a~ limitation or qualification
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dictate that the term "restriction" includes the ignition interlock device limitation.

The President’s war power authority is his ability to conduct war

Gerald G. Howard - Spring, 2001, Senior Notes and Comments Editor for the Houston Law Review, COMMENT: COMBAT IN KOSOVO: IGNORING THE WAR POWERS RESOLUTION, 38 Hous. L. Rev. 261, LexisNexis

 ~*270~  The issue, then, becomes one of defining and monitoring
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of authority to properly assess the legality of the combat operations in Kosovo.