Tournament: Vanderbilt | Round: 1 | Opponent: Indiana Murphy-Patel | Judge: Kelly
Battlefield norms
Executive legal discretion for drone use outside active hostilities gets modeled and makes conflict inevitable
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
AND
them to justify the killing of dissidents, rivals, or unwanted minorities?
That lowers the threshold for agression and undermines strategy
Rosa Brooks 13, Prof 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
But the advantages of drones are as overstated and misunderstood as the problems they pose
AND
Somalia (and perhaps to Mali 22 and the Philippines as well). 23
Results in great power war—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.
AND
When those technological barriers fall, legal restrictions may need to be tightened.
These conflicts go nuclear
Michael J Boyle 13, Assistant Professor of Political Science at La Salle University, former Lecturer in International Relations and Research Fellow at the Centre for the Study of Terrorism and Political Violence at the University of St Andrews, PhD from Cambridge University, January 2013, “The costs and consequences of drone warfare,” International Affairs 89: 1 (2013) 1–29, http://www.chathamhouse.org/sites/default/files/public/International20Affairs/2013/89_1/89_1Boyle.pdf
A second consequence of the spread of drones is that many of the traditional concepts
AND
powers, thus magnifying the risks of a spiral of conflict between them.
Unrestricted drone use causes war in the Caucuses
Clayton 12 (Nick Clayton, Worked in several publications, including the Washington Times the Asia Times and Washington Diplomat. He is currently the senior editor of Kanal PIK TV's English Service (a Russian-language channel), lived in the Caucuses for several years,10/23/2012, "Drone violence along Armenian-Azerbaijani border could lead to war", www.globalpost.com/dispatch/news/regions/europe/121022/drone-violence-along-armenian-azerbaijani-border-could-lead-war)
Armenia and Azerbaijan could soon be at war if drone proliferation on both sides of
AND
will not be small. That’s the one thing I’m sure of.”
Nuclear war
Blank 2k
(Stephen, Prof. Research at Strategic Studies Inst. @ US Army War College, “U.S. Military Engagement with Transcaucasia and Central Asia”, www.strategicstudiesinstitute.army.mil/pdffiles/pub113.pdf)
Washington’s burgeoning military-political-economic involvement seeks, inter alia, to demonstrate
AND
is not much we could do absent a strong and lasting regional commitment.
Plan solves -- Explicit legal distinctions foster international consensus-building
Daskal, 13 Copyright (c) 2013 University of Pennsylvania Law Review University of Pennsylvania Law Review April, 2013 University of Pennsylvania Law Review 161 U. Pa. L. Rev. 1165 LENGTH: 24961 words ARTICLE: THE GEOGRAPHY OF THE BATTLEFIELD: A FRAMEWORK FOR DETENTION AND TARGETING OUTSIDE THE "HOT" CONFLICT ZONE NAME: Jennifer C. Daskal, p. lexis
- Threat assessment, least harmful means test, and procedural safeguards
Conclusion Legal scholars, policymakers, and state actors are embroiled in a heated debate
AND
, and foreign policy gains make acceptance of this framework a worthy endeavor.
Europe advantage
Plan is already squo policy - but only legal codification solves European cooperation and international norms
Dworkin 12
Anthony Dworkin is a Senior Policy Fellow at the European Council on Foreign Relations, European Council on Foreign Relations, June 19, 2012, "Obama’s Drone Attacks: How the EU Should Respond", http://ecfr.eu/content/entry/commentary_obamas_drone_attacks_how_the_eu_should_respond
Obama’s Concession to European Views In a speech on the subject last autumn, Obama’s
AND
) to govern the use of targeted killing of non-state fighters.
T-TIP is uniquely vulnerable. EU concerns about US counterterror strategy will get drawn into the negotiations
Levanti 13 – Masters in European Public Affairs @ Maastricht University Natasha Marie Levanti , “The Transatlantic Journey – TTIP and Cautious Optimism,” Bursting the Bubble, 2 September 2013, pg. http://www.europeanpublicaffairs.eu/the-transatlantic-journey-ttip-cautious-optimism/
Transatlantic economic cooperation has been something on the minds of those on both sides of
AND
part, some of the reasoning behind recent developments in those two sectors.
T-TIP reduces US dependence on China. They can’t win offense because more US-European trade is inevitable.
Kelly 13 - PhD Candidate with the Centre for the Study of European Governance @ University of Nottingham Katrina Kelly, “An American perspective on the EU: The United States should work to ensure European stability,” London School of Economics, February 23, 2013, pg. http://blogs.lse.ac.uk/europpblog/2013/02/23/an-american-perspective-on-the-eu-the-united-states-should-work-to-ensure-european-stability/
Eurosceptiscm is gaining attention and support in the UK, and perhaps throughout Europe. Although this appears to be a European problem, any wavering in the stability of the European Union will have widespread effects on the global political economy. In this post I examine eurosceptiscm from an American standpoint, and assesses how and why the United States must continue, if not increase, its support for unity within the European Union.
The cold war officially ended in 1991. Despite this, the United States has remained skeptical that there is not, nor will be, a future military threat from the Eastern hemisphere. If this statement was once considered debatable, such doubts were surely quelled in the spring of 2006 when the United States began negotiations with both the Czech Republic and Poland to determine the best site for the future installation of an anti-ballistic missile site.
The United States has been an aggressive military nation since, or perhaps because of
AND
not act as a stimulus to growth on either side of the Atlantic.
Trade imbalance encourages China bashing that undermines US-China relations.
Ramirez and Rong 12 – Professors of Economics @ George Mason University Carlos D. Ramirez and Rong Rong “China Bashing: Does Trade Drive the “Bad” News about China in the USA?,” Review of International Economics, 20(2), 2012, pg. 350–363
Trade between the USA and China has been growing at a substantial rate over the
AND
an important issue that needs to be elucidated. Pg. 350-351
Bashing risks nuclear war
Gross 12 - Senior associate of Pacific Forum CSIS Donald Gross (A former State Department official who developed diplomatic strategy toward East Asia. Counselor of the U.S. Arms Control and Disarmament Agency and director of legislative affairs at the National Security Council in the White House), “Quit bashing Beijing — China’s rise is good for America,” Salon, Monday, Oct 22, 2012 03:30 PM EDT, pg. http://www.salon.com/2012/10/22/quit_bashing_beijing_chinas_rise_is_good_for_america/
The routine scapegoating of China — which no less a figure than Henry Kissinger,
AND
conflicts could escalate, by accident or design, to a nuclear exchange.
AND, ignoring European concerns forces it to become a counterweight. We will also control the internal link to every impact in the debate
Stivachtis 10 – Director of International Studies Program @ Virginia Polytechnic Institute and State University Dr. Yannis. A. Stivachtis (Professor of Poli Sci and Ph.D. in Politics and International Relations from Lancaster University), THE IMPERATIVE FOR TRANSATLANTIC COOPERATION,” The Research Institute for European and American Studies, 2010, pg. http://www.rieas.gr/research-areas/global-issues/transatlantic-studies/78.html
There is no doubt that US-European relations are in a period of transition
AND
force Europe to conclude that the costs of continued alliance outweigh its benefits.
AND, statutory codification of Obama’s policy solves. Failure allows the issue to quickly fester and undermine relations
Dworkin 13 - Senior policy fellow @ European Council on Foreign Relations Anthony Dworkin (Web editor of the Crimes of War Project which a site dedicated to raising public awareness of the laws of war), “Actually, drones worry Europe more than spying,” CNN’s Global Public Square, July 17th, 2013, 10:31 AM ET, pg. http://globalpublicsquare.blogs.cnn.com/2013/07/17/actually-drones-worry-europe-more-than-spying/
Relations between the United States and Europe hit a low point following revelations that Washington
AND
the administration could take to make an agreement with European countries more likely.
Plan/solvency
The United States Federal Government should restrict the President’s war powers authority for targeted killing as a first resort outside zones of active hostilities.
Only congressional action on the scope of hostilities sends a clear signal that the US abides by the laws of armed conflict
Kenneth Anderson, Professor of Law, Washington College of Law, American University, and Research Fellow, The Hoover Institution, Stanford University and Member of its Task Force on National Security and the Law, 3/18/10, Rise of the Drones: Unmanned Systems and the Future of War, digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1002andcontext=pub_disc_cong
• First, the United States government urgently needs publicly to declare the legal rationale
AND
of their use, including both their use and their limits in law.
That solves global war – US precedent is key
Kristen Roberts 13, news editor for the National Journal, master in security studies from Georgetown, “When the Whole World Has Drones”, March 22, http://www.nationaljournal.com/magazine/when-the-whole-world-has-drones-20130321
The proliferation of drone technology has moved well beyond the control of the United States
AND
operations manual for other nations but a legal and moral one as well.
The executive will comply. Obama is working closely with Congress to size down the AUMF.
Brown 13 Hayes Brown, "Obama Lays Out Plan To End The War Against Al Qaeda,” Think Progress, May 23, 2013 at 3:52 pm, pg . http://thinkprogress.org/security/2013/05/23/2055331/obama-aumf-repeal/
President Obama delivered a wide ranging speech on Thursday, laying out his vision for
AND
renewed focus on the other elements of preventing terrorism will be implemented.