Tournament: JMU | Round: 3 | Opponent: George Washington AS | Judge: Kristie Cramer

Plan

Plan: The United States federal government should establish an ex parte court in order to provide ex ante judicial review of targeted killing by remote-piloted aircraft.

Solvency

Congress can establish an effective drone court – Congressional involvement creates credibility of drone strikes with the public.

McKelvey, Vanderbilt University JD Candidate, 2011
~Benjamin, Vanderbilt journal of transnational law editorial board executive development editor, Vol 44, "Due Process Rights and the Targeted Killing of Suspected Terrorists: The Unconstitutional Scope of Executive Killing Power" http://www.vanderbilt.edu/jotl/manage/wp-content/uploads/mckelvey-pdf.pdf, p.1378-9, accessed 9-15-13, TAP~

As the Aulaqi case demonstrates, any resolution to the problem ¶ of targeted killing
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the abuse of targeted killing without ¶ interfering with executive duties and authority.
Perhaps most importantly, a legislative solution would provide ¶ the branches of government and
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the use of all ¶ peaceful measures before lethal force is pursued.212

Ex ante review by a drone court solves group think – it institutionalizes accountability.

Chehab, Georgetown Law Center, 2012
~Ahmad, 3-30-12, "Retrieving the Role of Accountability in the Targeted Killings Context: A Proposal for Judicial Review" http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572, p.33-4, accessed 9-15-13, TAP~

To check the vices of groupthink and shortcomings of human judgment, the psychology literature
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(and political motivations incentivized and exploited by popular hysteria and fear).159
Requiring accounting in a formalized way prior to engaging in a targeted killing—by
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choices and evaluate available alternatives than when subject to little to no review.

Pakistan

Presidential power results in groupthink – that triggers massive policy errors and prevents effective drone use

Chehab, Georgetown Law Center, 2012
~Ahmad, 3-30-12, "Retrieving the Role of Accountability in the Targeted Killings Context: A Proposal for Judicial Review" http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572, p.30-3, accessed 9-15-13, TAP~

The practical, pragmatic justification for the COAACC derives largely from considering social psychological findings
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irrational persistence in pursuing ideological positions divorced from concern of alternative viewpoints.147
Professor Cass Sunstein has described situations in which groupthink produced poor results precisely because consensus
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1960’s,152 and the controversial decision to wage war against Vietnam.153
Professor Sunstein also has described the related phenomenon of "group polarization," which includes
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and other associated deficiencies are inevitable features in Executive Branch decision-making.
~Tom note – Sunstein, University of Chicago and Harvard University law professor~

Ex ante review by a drone court solves group think – it institutionalizes accountability.

Chehab, Georgetown Law Center, 2012
~Ahmad, 3-30-12, "Retrieving the Role of Accountability in the Targeted Killings Context: A Proposal for Judicial Review" http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031572, p.33-4, accessed 9-15-13, TAP~

To check the vices of groupthink and shortcomings of human judgment, the psychology literature
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(and political motivations incentivized and exploited by popular hysteria and fear).159
Requiring accounting in a formalized way prior to engaging in a targeted killing—by
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choices and evaluate available alternatives than when subject to little to no review.

Drones key to fight Pakistani terrorism.

Curtis, Heritage Foundation senior research fellow, 7-15-13
~Lisa, "Pakistan Makes Drones Necessary" http://nationalinterest.org/print/commentary/pakistan-makes-drones-necessary-8725-http://nationalinterest.org/print/commentary/pakistan-makes-drones-necessary-8725, accessed 8-12-13, TAP~

One of the central campaign platforms of newly elected Pakistani prime minister Nawaz Sharif was
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Year Search for Bin Laden from 9/11 to Abbottabad ~3~.

The Pakistani Taliban is planning to collapse the state.

Curtis, Heritage Foundation senior research fellow, 7-15-13
~Lisa, "Pakistan Makes Drones Necessary" http://nationalinterest.org/print/commentary/pakistan-makes-drones-necessary-8725-http://nationalinterest.org/print/commentary/pakistan-makes-drones-necessary-8725, accessed 8-12-13, TAP~

It is no secret that the drone strikes often benefit the Pakistani state. On
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will remain of vital strategic interest for Washington for many years to come.

Pakistan collapse results in loose nukes – that triggers extinction.

Pitt, New York Times and internationally best-selling author, 2009
~William Rivers, "Unstable Pakistan threatens the world" http://www.arabamericannews.com/news/index.php?mod=article26cat=commentary26article=2183, accessed 9-17-13, TAP~

As familiar as this sounds, it did not take place where we have come
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to be gravely serious about addressing the situation. So should we all.

Accountability

Executive secrecy is eroding support for drones – establishing a drone court garners legitimacy and accountability for the drone program.

Johnson, former Pentagon general counsel, 3-18-13
~Jeh Charles, "Keynote address at the Center on National Security at Fordham Law School: A "Drone Court": Some Pros and Cons" http://www.lawfareblog.com/2013/03/jeh-johnson-speech-on-a-drone-court-some-pros-and-cons/-http://www.lawfareblog.com/2013/03/jeh-johnson-speech-on-a-drone-court-some-pros-and-cons/, accessed 9-3-13, TAP~

Thank you for this invitation.  Today I want to join the current public debate
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who actually wouldn’t mind the added comfort of judicial imprimatur on their decisions.

Drone proliferation is coming – accountability now is critical to control the effects.

Ingersoll and Kelley, Business Insider, 1-9-13
~Geoffrey and Michael, "America Is Setting A Dangerous Precedent For The Drone Age" http://www.businessinsider.com/america-is-setting-a-dangerous-precedent-for-the-drone-age-2013-1-http://www.businessinsider.com/america-is-setting-a-dangerous-precedent-for-the-drone-age-2013-1

The decisions America makes today regarding drone policy could come back to haunt it sooner
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is waging its fight against terrorism in accordance with the rule of law."

Drone prolif will result in global war.

Cronin, George Mason University public policy professor, 2013
~Audrey Kurth, Foreign Affairs, Jul/Aug 2013, Vol 92 Issue 4, "Why Drones Fail" Ebsco, accessed 6-30-13, TAP~

The sometimes contradictory demands of the American people — perfect security at home without burdensome
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— then al Qaeda will be the least of the United States’ worries.

Establishing credibility is critical to setting a global precedent – Now key

Whibley, Victoria University of Wellington international relations MA, 2-6-13
~James, Georgetown journal of international affairs, "The Proliferation of Drone Warfare: The Weakening of Norms and International Precedent" http://journal.georgetown.edu/2013/02/06/the-proliferation-of-drone-warfare-the-weakening-of-norms-and-international-precedent-by-james-whibley/-http://journal.georgetown.edu/2013/02/06/the-proliferation-of-drone-warfare-the-weakening-of-norms-and-international-precedent-by-james-whibley/, accessed 7-29-13, TAP~

If drones are destined to proliferate, the more important issue may become whether American
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, then surely China or Russia possessing such a program would be terrifying.

Unrestricted use of drones are escalating tensions between japan and china  
Kaiman, The Guardian, 1-8-13
~Jonathon, "Japan and China step up drone race as tension builds over disputed islands" http://www.theguardian.com/world/2013/jan/08/china-japan-drone-race, accessed 9-8-13, TAP~

Both countries claim drones will be used for surveillance, but experts warn of future
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skirmish between Chinese and Japanese drones in coming years was "very high".

Drones are key – future deployment and unknown potential risks escalating conflict.

AP, 5-3-13
~Associated Press, "China emerges as new force in drone warfare" http://www.cbsnews.com/8301-202_162-57582699/china-emerges-as-new-force-in-drone-warfare/, accessed 9-8-13, TAP~

Determined to kill or capture a murderous Mekong River drug lord, China’s security forces
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a regular basis and Japan frequently scrambles fighters to tail Chinese manned aircraft.

SCS escalates and collapses the economy

Klare, Peace and World Security Studies professor at Hampshire, Three Days Ago, 1-23-13
(Michael, "The Next War," 1-23-13, http://www.realclearworld.com/articles/2013/01/23/the_next_war_100500.html-http://www.realclearworld.com/articles/2013/01/23/the_next_war_100500.html, accessed 1-24-13) PM

Lurking just behind the Iranian imbroglio, however, is a potential crisis of far
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show-of-force operations by both sides in the disputed waters.

Economic collapse leads to global war.

Lind, New America Foundation Economic Growth Program Policy Director, 5/11/2010
~Michael, "Will the great recession lead to World War IV?," http://www.salon.com/news/economics/index.html?story=/opinion/feature/2010/05/11/great_recession_world_war_iv~~

If history is any guide, an era of global economic stagnation will help the
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Eurasia, Eastasia and Oceania in 1984 is all too easy to imagine.

Escalation in the short term is likely.

Klare, Peace and World Security Studies professor at Hampshire, 1-23-13
(Michael, "The Next War," 1-23-13, http://www.realclearworld.com/articles/2013/01/23/the_next_war_100500.html-http://www.realclearworld.com/articles/2013/01/23/the_next_war_100500.html, accessed 1-24-13) PM

As 2012 ended and the New Year began, the situation only deteriorated. On
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planet will look with sadness and horror on the failure of everyone involved.

Asian instability escalates to nuclear war.

Landay, National Security and Intelligence Correspondent, 2K
(Jonathan S., "Top administration officials warn stakes for U.S. are high in Asian conflicts", 3-10, Knight Ridder/Tribune News) Accessed on LexisNexis 12-29-09

Few if any experts think China and Taiwan, North Korea and South Korea,
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that totaled 24600 billion last year, according to the Commerce Department. 

Institutions don’t check

Klare, Peace and World Security Studies professor at Hampshire, 1-23-13
(Michael, "The Next War," 1-23-13, http://www.realclearworld.com/articles/2013/01/23/the_next_war_100500.html-http://www.realclearworld.com/articles/2013/01/23/the_next_war_100500.html, accessed 1-24-13) PM

Regional diplomacy, that classic way of settling disputes in a peaceful manner, has
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Chinese press, while officials there refused to cede any ground at all.

Trade doesn’t check

Medcalf, Lowy Institute (Sydney) International Security Programme Director, and Heinrichs, Australian National University Strategic and Defence Studies Centre Scholar, 11
(Rory and Raoul, 6-27-11, "Asia’s Maritime Confidence Crisis," http://the-diplomat.com/2011/06/27/asiaE28099s-maritime-confidence-crisis/?all=true, accessed 10-9-11, CMM)

To the casual observer, recent security tensions in Asian waters might seem a storm
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relations among major powers, with dangerous implications for regional peace and stability.