Tournament: Pre-Wake Disclosure | Round: 1 | Opponent: NA | Judge:
OBV. 1 The Problem
The U.S. uses drones for targeted killing, or “TK”, using broad criteria
BROOKS, law professor, Georgetown 2013
( Rosa, Professor of Law, Georgetown University Law Center, and Bernard L. Schwartz Senior Fellow, New America Foundation, and during a public service leave of absence served as the Counselor to the Undersecretary of Defense for Policy at the Department of Defense, “Drone Wars: The Constitutional and Counterterrorism Implications of Targeted Killing” Testimony presented before the U.S. Senate Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights and Human Rights, April 23, p7)AR SPR
Mr. Chairman, I would like to turn now to the legal framework applicable to US drone strikes.
and
Right now, I would argue, US drone policy is on the verge of doing significant damage to the rule of law.
It’s an executive power. TK is inevitable but must be restricted to narrow criteria.
GUIORA law professor, Utah 2013
(Amos, Professor of Law and Co-Director of the Center for Global Justice at the S.j. Quinney College of Law, Universit of Utah, research associate at the University of Oxford, Oxford Institute for Ethics, Law and Armed Conflict, Research Fellow at the Internatonal Institute on Counter-Terrorism, and corresponding member at the Netherlands School of Human Rights Research, University of Utrecht, recipient of a Senior Specialist Fulbright Fellowship for the Netherlands, served for 19 years in the Israeli Defense Forces as Lieutenant Colonel, author of over 10 books and many journal articles on security issues. Legitimate Target: A Criteria-Based Approach to Targeted Killing. P. ix-x )AR SPR
TARGETED KILLING IS here to stay. It is the preferred method of warfare today, tomorrow, and for the foreseeable future
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Otherwise, targeted killing will be-in simple terms-the nation-state conducting aggressive operational counterterrorism devoid of standards, criteria, and guidelines.
Plan
The United States Congress should restrict targeted killing authorization to cases that, given clear evidence of a specific attack in the immediate future, satisfy narrow criteria of preemptive self-defense against actions that are imminent threats.
We reserve the right to clarify intent.
OBV. 2 Solvency
Restricting criteria for “imminence” to clear evidence of a specific attack narrows the breadth of current practice
GUIORA 2013
(Amos N. Guiora, Co-Director, Center for Global Justice, University of Utah, 2-5-13, “Israeli Legal Expert: Lack of Judicial Oversight in Targeted Killings a ‘Recipe for Disaster’,” PRI’s The World, http://www.theworld.org/2013/02/israel-targeted-killings) ACG
Werman: So get into the details then, because from what I read of the Israeli decision, they won’t attack civilians unless the civilians for such time as they take a direct part in hostilities, then they will.
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there’s nothing more dangerous in operational counter-terrorism than to give a commander carte blanche.
Individual ACTIONS and not IDENTITY should be the focus. Congress must legislate to restrict the President’s threshold for triggering self-defense.
MAXWELL Judge Advocate, U.S. army 2012
(Mark David, Colonel, author of over 12 published articles on military, legal, and ethical topics, M.A. in National Security Studies from the National War College in Washington , D.C., graduated from University of North Carolina at Chapel Hill law school, has been a judge advocate since 1990, served as the Chief of the Active Component Assignments Branch for the U.S. Army Judge Advocate General’s Corps. Has been assigned as Defense Counsel in Germany, Senior Prosecutor for the 3d Infantry Division, Chief of International and Operational Law for U.S. Army Pacific, Instructor at the Defense Institute of International Legal Studies; Senior Defense Counsel in South Korea; Report Writer for the USS Cole Commission; Litigation Attorney at both the Army Litigation Division and the U.S. Department of Justice; Chief of the Operational Law Branch for the U.S. Army; Deputy Staff Judge Advocate for I Corps and Fort Lewis; Staff Judge Advocate (General Counsel) for U.S. Army Alaska; Chief of the Defense Counsel Assistance Program; and U.S. Army Congressional Fellow. “Targeted Killing, The Law, and Terrorists: Feeling Safe?” Joint Force Quarterly 64, issue 64, 1st quarter, p. 125-126)AR SPR
This paradigm shift is novel for the United States. The President’s authority to order targeted killings is clear
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when international legal norms intersect and potentially conflict with measures stemming from domestic law.
Plan moves the U.S. away from threat construction in the status quo and brings U.S. practice in accord with international law.
GUIORA and BLANK director of Emory’s International Humanitarian Law Clinic 2013
(Amos, Professor of Law and Co-Director of the Center for Global Justice at the S.j. Quinney College of Law, University of Utah, research associate at the University of Oxford, Oxford Institute for Ethics, Law and Armed Conflict, Research Fellow at the Internatonal Institute on Counter-Terrorism, and corresponding member at the Netherlands School of Human Rights Research, University of Utrecht, recipient of a Senior Specialist Fulbright Fellowship for the Netherlands, served for 19 years in the Israeli Defense Forces as Lieutenant Colonel, author of over 10 books and many journal articles on security issues. Laurie, director of Emory Law’s International Humanitarian Law Clinic and author of Law of War Training. “Targeted killing’s ‘flexibility’ doctrine that enable US to flout the law of war”, the Guardian Aug 10, retrieved 8.28.13 from http://www.theguardian.com/commentisfree/2012/aug/10/targeted-killing-flexibility-doctrine-flout-law-war)//AR SPR
Targeting individuals who pose an imminent threat to the US is a lawful exercise
and
The risks, to innocent civilians on both sides and to our fundamental values, are just too high.
Congress is key to check executive overreach with TK criteria
MAXWELL Judge Advocate, U.S. army 2012
(Mark David, Colonel, author of over 12 published articles on military, legal, and ethical topics, M.A. in National Security Studies from the National War College in Washington , D.C., graduated from University of North Carolina at Chapel Hill law school, has been a judge advocate since 1990, served as the Chief of the Active Component Assignments Branch for the U.S. Army Judge Advocate General’s Corps. Has been assigned as Defense Counsel in Germany, Senior Prosecutor for the 3d Infantry Division, Chief of International and Operational Law for U.S. Army Pacific, Instructor at the Defense Institute of International Legal Studies; Senior Defense Counsel in South Korea; Report Writer for the USS Cole Commission; Litigation Attorney at both the Army Litigation Division and the U.S. Department of Justice; Chief of the Operational Law Branch for the U.S. Army; Deputy Staff Judge Advocate for I Corps and Fort Lewis; Staff Judge Advocate (General Counsel) for U.S. Army Alaska; Chief of the Defense Counsel Assistance Program; and U.S. Army Congressional Fellow. “Targeted Killing, The Law, and Terrorists: Feeling Safe?” Joint Force Quarterly 64, issue 64, 1st quarter, p. 123-124)AR SPR
Although many U.S. Presidents have reserved the right to use targeted killings in unique circumstances,
and
The Constitution demands nothing less, but thus far, Congress’s silence is deafening.
Congress is key to ensure compliance
Columbia Law School Human Rights Center and Civilians in Conflict ’12
(THE CIVILIAN IMPACT OF DRONES: UNEXAMINED COSTS, UNANSWERED QUESTIONS, http://civiliansinconflict.org/uploads/files/publications/The_Civilian_Impact_of_Drones_w_cover.pdf, pp. 59-60)ACG
Congressional oversight could theoretically exert pressure
and
whether this is possible with regard to the drone program is unknown
ADV 1 Conspicuity
Indiscriminate drone use LOWERS THE THRESHOLD for using force, causes more conflicts
BROOKS, law professor, Georgetown 2013
( Rosa, Professor of Law, Georgetown University Law Center, and Bernard L. Schwartz Senior Fellow, New America Foundation, and during a public service leave of absence served as the Counselor to the Undersecretary of Defense for Policy at the Department of Defense, “Drone Wars: The Constitutional and Counterterrorism Implications of Targeted Killing” Testimony presented before the U.S. Senate Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights and Human Rights, April 23, p5)AR SPR
Third, by reducing accidental civilian casualties,17 precision drone technologies reduce
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with greater frequency and less wisdom.
This is a multiplier for PROBABILITY of all wars
SINGER 2009 (Peter, moral philosopher, Ira W. DeCamp professor of Bioethics at Princeton University, Laurelate Professor at the Center for Applied Philosophy and Public Ethics at the U of Melbourne, serves on the Advisory Board of Incentives for Global Health, an NGO, serves on the advisory board of Acemics Stand Against Poverty. Wired for War: The Robotics Revolution and Conflict in the Twenty-First Century. a note on page numbers. I cut this book from a digital non-pdf copy in adobe digital editions. I suspect the software assigned page numbers according to how the document was sized on my computer desktop, so be advised that these numbers may be off . p. 343-344)AR
“We’ll have more Kosovos and less Iraqs.” Larry Korb
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only from afar, where it is more willing to punish via war, but less to face the costs of war.
This increases the FREQUENCY of wars
BENJAMIN 2012 (Medea, writer/activist, m.a. in public health from Columbia university, m.a. in economics from the New School, former economist and nutritionist – for 10 years – for the U.N. food and agriculture organization; co-founder of Global Exchange, 2005 nobel peace prize candidate; 2012 Marjorie Kellogg National Peacemaker Award, the 2012 Thomas Merton Center Peace Award, and the 2012 Peace Foundation Memorial Award recipient; Benjamin protested and interrupted a speech by Brennan at the Woodrow Wilson Institute, where the institute subsequently altered the transcript to make it seem as if the incident never happened. Drone Warfare: Killing by Remote Control. OR books, p. 148-149)AR
“Robots may entail a dark irony,” warns philosopher Peter Singer. 250
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Obama's decision to get involved militarily in the overthrow of the regime of Libyan leader Muammar Qaddafi.
ENDLESS WARS will become the norm - consensus
SINGER 2009 (Peter, moral philosopher, Ira W. DeCamp professor of Bioethics at Princeton University, Laurelate Professor at the Center for Applied Philosophy and Public Ethics at the U of Melbourne, serves on the Advisory Board of Incentives for Global Health, an NGO, serves on the advisory board of Acemics Stand Against Poverty. Wired for War: The Robotics Revolution and Conflict in the Twenty-First Century. a note on page numbers. I cut this book from a digital non-pdf copy in adobe digital editions. I suspect the software assigned page numbers according to how the document was sized on my computer desktop, so be advised that these numbers may be off . p. 344-346)AR
Josiah Bunting is a former major general in the army.
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the battlefield helps separate us from the beasts.
Indistinction is what makes us unaware of the true impact – it’s World War 3 NOW
ZENKO 2012 (Micah, “America’s Third, Orwellian War: The ‘Targeted Killing’ Campaign”, the Atlantic April 24, http://www.theatlantic.com/international/archive/2012/04/americas-third-orwellian-war-the-targeted-killing-campaign/256276/)//AR
A democratic government is responsible for informing its citizens
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Orwellian in its lack of cogent strategy, transparency, and end date.
ADV 2. Perpetual suffering
Sub-Point A- Initial Contacts
- Each strike causes DEATH and INJURY
NYU global justice and Stanford 2012
(NYU global justice clinic and Stanford Law School International Human Rights and Conflict Resolution Clinic, “Living Under Drones: Death, Injury, and Trauma to Civilians from U.S. Drone Practices in Pakistan”, September, NOTE ON METHODOLOGY: “nine months of intensive research—including two investigations in Pakistan, more than 130 interviews with victims, witnesses, and experts, and review of thousands of pages of documentation and media reporting”, p56)AR SPR
The most immediate consequence of drone strikes is
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amputations, as well as vision and hearing loss.28
2. Failure to require clear evidence of a specific attack makes everyone a “legitimate target”
GUIORA 2013
(Amos N. Guiora, Co-Director, Center for Global Justice, University of Utah, Feb. 7, 2013, “Targeted Killings: Carte Blanche To Kill?” The Kojo Nnamdi Show, http://thekojonnamdishow.org/shows/2013-02-07/targeted-killings-carte-blanche-kill/transcript )ACG
NNAMDI: I'd like to talk a little bit first about your personal experience advising Israel
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who's been involved in this process that this is indeed, to your words, deeply disturbing.
3. We’re on the slippery slope now
BROOKS, law professor, Georgetown 2013
( Rosa, Professor of Law, Georgetown University Law Center, and Bernard L. Schwartz Senior Fellow, New America Foundation, and during a public service leave of absence served as the Counselor to the Undersecretary of Defense for Policy at the Department of Defense, “The Law of Armed Conflict, the Use of Military Force, and the 2001 Authorization for Use of Military Force” Statement for the Record Submitted the Senate Committee on Armed Services, May 16, p2)AR SPR
As you know, most information about U.S. drone strikes
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appear to have been so-called "high-value targets."9
4. Thousands of people die
RONA Director of Human Rights first 2013 (Gabriel, International Director of Human Rights First, representing human rights first with governments and NGO’s, former Legal Advisor in the Legal Division of the International Committee of the Red Cross (ICRC) in Geneva, jas published in the Fletcher Forum on World Affairs and the Chicago Journal of International Law, has taught International Humanitarian Law at the International Institute of Human Rights in Strasbourg, France and the University Centre for International Humanitarian Law in Geneva, Switzerland. “How Many People Has Barack Obama Killed With Drones?”, policymic, July (article listed as ‘3 months ago’ when retrieved on 9.7.2013), retrieved from http://www.policymic.com/articles/45701/how-many-people-has-barack-obama-killed-with-drones)//AR SPR
The reality is that U.S. drones have killed thousands
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rather than known identity of the target.
Sub-Point B-ripple effects
- Persistent drone strikes decimate cities and cause REFUGEE FLIGHT – this exacerbates ethnic violence and instability
BENJAMIN 2012 (Medea, writer/activist, m.a. in public health from Columbia university, m.a. in economics from the New School, former economist and nutritionist – for 10 years – for the U.N. food and agriculture organization; co-founder of Global Exchange, 2005 nobel peace prize candidate; 2012 Marjorie Kellogg National Peacemaker Award, the 2012 Thomas Merton Center Peace Award, and the 2012 Peace Foundation Memorial Award recipient; Benjamin protested and interrupted a speech by Brennan at the Woodrow Wilson Institute, where the institute subsequently altered the transcript to make it seem as if the incident never happened. Drone Warfare: Killing by Remote Control. OR books, p. 118-119)AR
Then there are the hundreds of thousands of indirect victims
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consistently presented as the cost-free magic wand that can eliminate terror.
2. Ongoing violence destabilizes Karachi – millions are affected
ZAKARIA Amnesty International 2011 (Rafia, member of the Board of Directors and Country Specialist for Amnesty InternationalUSA, lawyer and Director of the Muslim Women’s Legal Defense Fund for the Muslim Alliance of Indiana, John Edwards Fellow at Indiana University for 2007-2008, has written for the NYT, the Nation, and the American Prospect, “War Zone in Karachi, Pakistan”, July 8, http://blog.amnestyusa.org/asia/war-zone-in-karachi-pakistan/)//AR SPR
The violence in Karachi also marks the growing
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bringing with it endless calamity and unceasing violence.
ADV.3 Legitimacy
Drone prolif is inevitable – plan criteria signals restrained use and solves worldwide destabilization
ROBERTS 2013 (Kristin, news editor for the national journal, “When the World Has Drones”, March 22, http://www.nationaljournal.com/magazine/when-the-whole-world-has-drones-20130321 )AR ROCH
The proliferation of drone technology has moved well beyond
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against the United States (another precedent that might be eagerly seized upon in the future).
2) Plan solves the legitimacy gap on drone use
ZENKO Council on Foreign Relations 2013 (Micah, Douglas Dillon Fellow at the Council on Foreign Relations, “Reforming U.S. Drone Strike Policies”, Council Special Report No. 65, January, Council on Foreign Relations, p.4)AR ROCH
The second major risk is that of proliferation
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to shape norms for responsible drone use.
Other countries will follow
WHIBLEY 2013 (James, Victoria University in Wellington MA, “The Proliferation of Drone Warfare: The Weakening of Norms and International Precedent”, Georgetown Journal of International Affairs, accessed 9/25. http://journal.georgetown.edu/2013/02/06/the-proliferation-of-drone-warfare-the-weakening-of-norms-and-international-precedent-by-james-whibley/)//AR ROCH
If drones are destined to proliferate, the more important
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Russia possessing such a program would be terrifying.
SCENARIO ONE – Lack of norms encourages drone use in the Caucusus. Escalatory conflict risks drawing Russia, Iran and Israel into war
CLAYTON 2012
(Nicholas, journalist specializing in the southern caucus, “Drone Violence along Armenian-Azerbaijani border could lead to war”, globalpost, http://www.globalpost.com/dispatch/news/regions/europe/121022/drone-violence-along-armenian-azerbaijani-border-could-lead-war?page=0,1)AR WESTP
Armenia and Azerbaijan could soon be at war
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will not be small. That’s the one thing I’m sure of.”
SCENARIO TWO – Lack of norms encourages drone use by Turkey against the PKK – this undermines negotiations
STEIN 2013 (Aaron, associate fellow at RUSI, nonproliferation program manager at the center for Economics and Foreign Policy Studies in Istanbul, has published in Foreign Policy, The Bulletin for Atomic Scientists, the National Interest, and World Politics Review. “Turkey’s Negotiations with the Kurdistan Worker’s Party and Armed Drones”, Turkey Wonk: Nuclear and Political Musings in Turkey and Beyond, feb 26, accessed 9.24 from http://turkeywonk.wordpress.com/2013/02/26/turkeys-negotiations-with-the-kurdistan-workers-party-and-armed-drones/)//AR ROCH
Prime Minister Recep Tayyip Erdogan has recently
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operatives, help them grow their voter base.
Turkish model is key for middle east stability
KIRISCI 2013 (Kemal, TÜS?AD senior fellow and director of the Center on the United States and Europe's Turkey Project at Brookings, with an expertise in Turkish foreign policy, “The Rise and Fall of Turkey As A Model For The Arab World”, Brookings, aug 15, http://www.brookings.edu/research/opinions/2013/08/15-rise-and-fall-turkey-model-middle-east )AR ROCH
As the Arab Spring spread from Tunisia
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for pluralist democracy, consensus building and tolerance.
Middle east conflict escalates quickly – global nuclear war
RUSSELL 2009 (James, Senior Lecturer, National Security Affairs, “Strategic Stability Reconsidered: Prospects for Escalation and Nuclear War in the Middle East”, IFRI Security Studies Center, Proliferation Papers, Spring, retrieved from http://www.ifri.org/downloads/PP26_Russell_2009.pdf )AR ROCH
Strategic stability in the region is thus
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region, with substantial risk for the entire world.
SCENARIO THREE – Lack of norms encourages drone use by China, escalating tensions with Japan
CBS 2013 (“China emerges as new force in drone warfare”, CBS News, May 3, retrieved from http://www.cbsnews.com/8301-202_162-57582699/china-emerges-as-new-force-in-drone-warfare )AR ROCH
"My sense is that China is moving into large-scale
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frequently scrambles fighters to tail Chinese manned aircraft.
The U.S. would be drawn in
ELAND 2013 (Ivan, Senior fellow and director of the center on peace and liberty at the independent institute, “Why U.S. Policy in East Asia is Dangerous”, huffington post, http://www.huffingtonpost.com/ivan-eland/why-us-policy-in-east-asi_b_3671931.html )AR ROCH
Even in the more advanced regions during the
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that are perfectly capable of defending themselves.
This causes global nuclear war
SYMONDS 2013 (Peter, SEP Candidate for the Senate in Western Australia, “A Warning of the Escalating Danger of U.S. – China Conflict”, International Committee of the Fourth International, 4 June, http://www.wsws.org/en/articles/2013/06/04/whit-j04.html )AR ROCH
China’s transformation over the past two
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tens, if not, hundreds of millions of deaths.
