Tournament: App State | Round: 3 | Opponent: Vandy DH | Judge:
Inherency
_ Drug lords on kill lists
Gallahue, human rights analyst and contributor to the International Centre on Human Rights and Drug Policy, ’10 Patrick, “Targeted Killing of Drug Lords: Traffickers as Members of Armed Opposition Groups and/or Direct Participants in Hostilities,” International Yearbook on Human Rights and Drug Policy, http://www.humanrightsanddrugs.org/wp-content/uploads/2010/04/IYHRDP-2010-Gallahue.pdf
In the summer of 2009, the US Pentagon announced that it had placed fifty
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equal legal status as insurgents in the eyes of the US military.4
Drone Wars
Unrestrained drone use outside zones of active hostilities collapses legal norms governing targeted killing – only the plan solves
Rosa Brooks, Professor of Law, Georgetown University Law Center, Bernard L. Schwartz Senior Fellow, New America Foundation, 4/23/13, The Constitutional and Counterterrorism Implications of Targeted Killing, http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf
Mr. Chairman, I would like to turn now to the legal framework applicable
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them to justify the killing of dissidents, rivals, or unwanted minorities?
US policies expanding target potential are modeled internationally – includes Russia and China
Alston, John Norton Pomeroy Professor of Law, New York University School of Law. The author was UN Special Rapporteur on extrajudicial, summary or arbitrary executions from 2004 until 2010, ’11 Philip, ARTICLE: The CIA and Targeted Killings Beyond Borders, 2 Harv. Nat'l Sec. J. 283, lexis
Because the United States inevitably contributes disproportionately to the shaping of global regime rules,
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acting within the scope of those rules it needs to provide the evidence.
Now is key. Recent events in China prove.
Abad Santos ’13 Alexander (staff writer), China's Killer Drones Didn't Kill a Drug Lord, but Obama's Drones Could Have, http://m.theatlanticwire.com/global/2013/02/china-killer-drone-naw-kham/62335/
Today's news that Chinese authorities now have advanced navigation and weaponry to kill suspected criminals
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say?" Well, we might have the beginnings of an answer now.
That makes great power war inevitable---causes escalation as traditional checks don’t apply
Eric Posner 13, a professor at the University of Chicago Law School, May 15th, 2013, "The Killer Robot War is Coming," Slate, www.slate.com/articles/news_and_politics/view_from_chicago/2013/05/drone_warfare_and_spying_we_need_new_laws.html
Drones have existed for decades, but in recent years they have become ubiquitous.
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When those technological barriers fall, legal restrictions may need to be tightened.
IHL
US expansion of targeting categories sends a signal to other states that they can indiscriminately kill—this crushes international humanitarian law and human rights frameworks
Alston, NYU law professor and U.N. special rapporteur on extrajudicial killings, ’10
Philip Alston, NYU law professor and the U.N.’s special rapporteur on extrajudicial killings,Human Rights Council: Fourteenth session, Agenda item 3, “Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions” United Nations General Assembly Report, A/HRC/14/24/Add.6, 5/28/10, http://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/A.HRC.14.24.Add6.pdf
With respect to the existence of a non-state group as a “party
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would be to do deep damage to the IHL and human rights frameworks.
Inclusion violates international humanitarian law
Gallahue, human rights analyst and contributor to the International Centre on Human Rights and Drug Policy, ’10 Patrick, “Targeted Killing of Drug Lords: Traffickers as Members of Armed Opposition Groups and/or Direct Participants in Hostilities,” International Yearbook on Human Rights and Drug Policy, http://www.humanrightsanddrugs.org/wp-content/uploads/2010/04/IYHRDP-2010-Gallahue.pdf
While distinguishing between traffickers and Taliban …
international law or pardoned for political expediency.’60
Violations are modeled. Triggers escalating conflict.
Schmitt, Dean of the College of International and Security Studies, George C. Marshall European Center for Security Studies, Garmisch-Partenkirchen, Germany, 08 Michael N., ASYMMETRICAL WARFARE AND INTERNATIONAL HUMANITARIAN LAW, 62 A.F. L. Rev. 1, lexis
The real danger is that violations of IHL by one side usually lead to corresponding
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unleash a dynamic that undercuts the very foundations of this body of law.
Risks escalation, preemption, and WMD use.
Schmitt, Dean of the College of International and Security Studies, George C. Marshall European Center for Security Studies, Garmisch-Partenkirchen, Germany, 08 Michael N., ASYMMETRICAL WARFARE AND INTERNATIONAL HUMANITARIAN LAW, 62 A.F. L. Rev. 1, lexis
A more frightening prospect is an asymmetrically disadvantaged belligerent turning to weapons of mass destruction
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concerns about enemy civilian suffering inevitably erode the closer to defeat one comes.
Bioweapons cause extinction
Ochs, Chemical Weapons Working Group Member, 02 (Richard, “Biological Weapons must be Abolished Immediately,” June 9, http://www.freefromterror.net/other_articles/abolish.html)
Of all the weapons of mass destruction, the genetically engineered biological weapons, many
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Can we imagine hundreds of such plagues? HUMAN EXTINCTION IS NOW POSSIBLE.
Humanitarian international law is the driving force behind the humanization of all international law
Zeng, faculty of law at the University of Macau, ‘9 ZENG Lingliang, Humanizing tendency of contemporary international law, Frontiers of Law in China 2009, 4(1): 1–30, proquest
(1) The fast humanizing tendency of international law has been resulted from external
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that have been promoting the growing humanization of international law as a whole.
Humanization of international law key to multilateralism
Zeng, faculty of law at the University of Macau, ‘9 ZENG Lingliang, Humanizing tendency of contemporary international law, Frontiers of Law in China 2009, 4(1): 1–30, proquest
Humanization of international law has greatly enriched the contents of international law. Firstly,
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of absolute sovereignty and popularity of relative sovereignty both in theory and practice.
Solves nuclear war
Dyer, ’04 (Gwynne, military historian and lecturer on international affairs, “The End of War”, Toronto Star, 12/30/2004, http://www.commondreams.org/views04/1230-05.htm, LH)
War is deeply embedded in our history and our culture, probably since before we
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solve the problem of war within the context of the existing state system.
Plan
Congress should restrict targeted killing to individuals who are engaged in direct participation in hostilities. “Direct participation in hostilities” should be defined as proof of: (1) geographic proximity of service provided to units in contact with the enemy, (2) proximity of relationship between services provided and harm resulting to enemy, and (3) temporal relation of support to enemy contact or harm resulting to enemy.
Solvency
The geographic, functional, and temporal test solves
Stigall, Trial Attorney with the U.S. Department of Justice, Office of International Affairs, 10 Dan E., Article: The Thickest Grey: Assessing the Status of the Civilian Response Corps Under the Law of International Armed Conflict and the U.S. Approach to Targeting Civilians, 25 Am. U. Int'l L. Rev. 885, lexis
If solutions to this quandary cannot be found at the institutional level, then another
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operate in the conceptual mire of two grey zones - the thickest grey.
Plan solves – clarifies and sends the necessary signal
Gilbreath, Colonel in the US Air Force, 13 Gregory P., America’s Targeted Killing Policy: Is it Right? Is it Working?, March, https://publicportal.carlisle.army.mil/sites/mobile/201320SRPs/Gilbreath20Gregory20SRPA.pdf
Targeted killing and drone strikes have value in the war against Al-Qaeda and
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against this emergent threat, and how it expects others to as well.
Congressional codification key.
Maxwell 12 - Colonel and Judge Advocate, U.S. Army, 1st Quarter 2012, “TARGETED KILLING, THE LAW, AND TERRORISTS: FEELING SAFE?,” Joint Force Quarterly, p. 123-130, Mark David Maxwell.
Once a state demonstrates membership in an organized armed group, the members can be
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eschews what gives a state its greatest safety: the rule of law.
The neg has no uniqueness to the war on drugs – we’ve conceded the opium market in Afghanistan.
Washington Post 11-3-13 As U.S. withdraws from Afghanistan, poppy trade it spent billions fighting still flourishes, By Ernesto Londoño, http://www.washingtonpost.com/world/national-security/as-us-withdraws-from-afghanistan-poppy-trade-it-spent-billions-fighting-still-flourishes/2013/11/03/55cc99d6-4313-11e3-a751-f032898f2dbc_print.html
The United States is withdrawing troops from Afghanistan having lost its battle against the country’s
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weather, the drawdown of NATO troops and the high price for poppies.