Tournament: GSU | Round: 1 | Opponent: Mary Washington MP | Judge:
Adv 1
Dowd, 13 ~Drone Wars: Risks and Warnings Alan W. Dowd, Alan W. Dowd writes on national defense, foreign policy, and international security. His writing has appeared in multiple publications including Parameters, Policy Review, The Journal of Diplomacy and International Relations, World Politics Review, American Outlook, The Baltimore Sun, The Washington Times, The National Post, The Wall Street Journal Europe, The Jerusalem Post, and The Financial Times Deutschland, Parameters 42(4)/43(1) Winter-Spring 2013~
In short, it seems Washington has been seduced by the Jupiter Complex. Being
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spawned a new era of danger for the United States and its allies.
Unfettered drone prolif causes deterrence crises that lead to nuclear conflict and Indo-Pak war
Boyle, 13 ~"The costs and consequences of drone warfare", MICHAEL J. BOYLE, International Affairs 89: 1 (2013) 1–29, assistant professor of political science at LaSalle University~
The emergence of this arms race for drones raises at least five long-term
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legal architecture which might avert some of the worst consequences of their use.
Greg Chaffin 11, Research Assistant at Foreign Policy in Focus, July 8, 2011, "Reorienting U.S. Security Strategy in South Asia," online: http://www.fpif.org/articles/reorienting_us_security_strategy_in_south_asia
The greatest threat to regional security (although curiously not at the top of most
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well lead to all-out war between the two that couldquickly escalate.
Overdorf, 8/15/13 ~Jason, Overdorf covers India for GlobalPost. Overdorf has spent most of the past 15 years living and working in Asia. He worked as an editor with Dow Jones Newswires in New York, Singapore and Hong Kong before moving to New Delhi and becoming a freelance writer in 2002. He was a frequent contributor to the Far Eastern Economic Review until 2004, covering Indian politics, society and business. Since 2004, he has been a special correspondent at Newsweek International, where he writes on a wide range of topics. He has covered Sonia Gandhi’s surprising electoral victory, the ongoing problem of Hindu fundamentalism, the simmering conflict with Maoist rebels, and societal changes resulting from India’s meteoric economic growth. He’s written for the Atlantic Monthly and the Asian Wall Street Journal. His travel articles, personal essays and political commentary have appeared in Smithsonian Magazine, Departures, Travelers’ Tales and other publications. He has degrees in English literature and creative writing from Columbia University, Washington University and Boston University."Analysis: Are India and Pakistan headed for war? Under heavy shelling, Kashmir is again set to stymie the Indo-Pak peace process. And the risks are mounting" Citing Experts at the Woodrow Wilson Center, http://www.globalpost.com/dispatch/news/war/conflict-zones/130814/analysis-are-india-and-pakistan-headed-war-http://www.globalpost.com/dispatch/news/war/conflict-zones/130814/analysis-are-india-and-pakistan-headed-war~~
"This is a sad reality of India-Pakistan relations — whenever things are
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lead to escalation," Kugelman said. "And that’s a scary thought."
Establishing a precedent of transparency and accountability spills over globally– a non-executive framework is key
Brooks 13 (Rosa, Professor of Law – Georgetown University Law Center, Bernard L. Schwartz Senior Fellow – New America Foundation, Former Counselor to the Undersecretary of Defense for Policy – Department of Defense, "The Constitutional and Counterterrorism Implications of Targeted Killing," Testimony Before the Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights, 4-23, http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf-http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf)
5. Setting Troubling International Precedents Here is an additional reason to worry about the
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them to justify the killing of dissidents, rivals, or unwanted minorities?
HRI, 11 ~Human Rights Institute, Targeting Operations with Drone Technology: Humanitarian Law Implications Background Note for the American Society of International Law Annual Meeting Human Rights Institute, Columbia Law School March 25, 2011, p. online~
While they disagree on important legal issues, critics and proponents alike share at least
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evident in Koh’s ASIL speech, of commitment to the rule of law.
Adv 2
Kennedy, 13 ~"Drones: Legitimacy and Anti-Americanism", Greg Kennedy is a Professor of Strategic Foreign Policy at the Defence Studies Department, King’s College London, based at the Joint Services Command and Staff College, Defence Academy of the United Kingdom, in Shrivenham, Parameters 42(4)/43(1) Winter-Spring 2013~
The exponential rise in the use of drone technology in a variety of military and
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to ensure its strategic aims are not derailed by operational and tactical expediency.
An executive lead role spurs mistrust and global opposition
Goldsmith, 13 ~May 1st, Jack Goldsmith teaches at Harvard Law School and is a member of the Hoover Institution Task Force on National Security and Law. He is the author, most recently, of Power and Constraint, How Obama Undermined the War on Terror http://www.newrepublic.com/article/112964/obamas-secrecy-destroying-american-support-counterterrorism~~
And so Barack Obama greatly expanded the secret war that George W. Bush began
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for which he alone is today responsible, is increasingly viewed as illegitimate.
Epstein, 11 ~Michael, Michigan State University College of Law "Targeted Killing Court: Why The United States Needs To Adopt International Legal Standards For Targeted Killings And How To Do So In A Domestic Court", SSRN~
VI PROPOSED NEW U.S. LEGAL MECHANISM The Obama Administration has not indicated
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of public post-killing investigations of C.I.A. actions359
Epstein, 11 ~Michael, Michigan State University College of Law "Targeted Killing Court: Why The United States Needs To Adopt International Legal Standards For Targeted Killings And How To Do So In A Domestic Court", SSRN~
Overall, I believe that the TKR Court provides for a rigid system of Article
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sort of judicial review could help salvage our reputation abroad and at home.
Formal judicial oversight key – maintains resolve while signaling restraint
NYT, 10 ~"Lethal Force under Law", New York Times, http://www.nytimes.com/2010/10/10/opinion/10sun1.html-http://www.nytimes.com/2010/10/10/opinion/10sun1.html~~
The drone program has been effective, killing more than 400 Al Qaeda militants this
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to other countries that the United States couples drastic action with careful judgment.
Can be taken out if need be External court based oversight maintains legitimacy – key internal link to global stability
Knowles, 09 ~Robert, Assistant Professor, NYU Law, "Article: American Hegemony and the Foreign Affairs Constitution", 41 Ariz. St. L.J. 87, p. lexis~
The hegemonic model also reduces the need for executive branch flexibility, and the institutional
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courts to reduce the "deference gap" between foreign and domestic cases.
Adelsberg 12 (Samuel, J.D. – Yale Law School, "Bouncing the Executive’s Blank Check: Judicial Review and the Targeting of Citizens," Harvard Law 26 Policy Review, Summer, 6 Harv. L. 26 Pol’y Rev. 437, Lexis)
The relevance of these precedents to the targeting of citizens is clear: the constitutional right to due process is alive and well—regardless of geographic location. We now turn to what type of process is due.
III. BRING IN THE COURTS: BRINGING JUDICIAL LEGITIMACY TO TARGETED KILLINGS
The function of this Article is not to argue that targeted killing should be removed
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a degree of inter-branch process when the government targets such individuals.
The current intra-executive process afforded to U.S. citizens is not
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executive branch is a clear violation of due process guaranteed by the Constitution.
Justices O’Connor and Kennedy are pointing to a dangerous institutional tension inherent in any intra
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, which would preclude the type of process that he was advocating. n43
Although there may be a role for Congress in such instances, a legislative warrant
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politicians are unqualified to make the necessary legal judgments that these situations require.
Solutions calling for the expatriation of citizens deemed to be terrorists are fraught with judicial
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a target would be effectively meaningless in the wake of a successful attack.
~*445~ Rather, as recognized by the Founders in the Fourth Amendment
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ideal candidates to ensure that the executive exercises constitutional restraint when targeting citizens.
Reforming the decision-making process for executing American citizens to allow for judicial oversight
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Now, we will turn to what this judicial involvement would look like.
Fujimoto 12 (Kevin Fujimoto 12, Lt. Colonel, U.S. Army, January 11, 2012, "Preserving U.S. National Security Interests Through a Liberal World Construct," online: http://www.strategicstudiesinstitute.army.mil/index.cfm/articles/Preserving-US-National-Security-Interests-Liberal-World-Construct/2012/1/11-http://www.strategicstudiesinstitute.army.mil/index.cfm/articles/Preserving-US-National-Security-Interests-Liberal-World-Construct/2012/1/11)
The emergence of peer competitors, not terrorism, presents the greatest long-term
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protect its interests later when we are no longer the world’s only superpower.
Brooks, et al, 13 ~Don’t Come Home, America: The Case
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Volume 37, Number 3, Winter 2012-http://muse.jhu.edu.proxy.lib.umich.edu/journals/international_security/toc/ins.37.3.html, p. Project Muse~
¶ Assessing the Security Benefits of Deep Engagement¶ Even if deep engagement’s costs are
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disengaged—even as it pushes cooperation toward U.S. preferences.
Independently, absent renewal of rule of law principles, multilateral cooperation to solve warming and disease is impossible
John G. Ikenberry 11, Albert G. Milbank Professor of Politics and International Affairs at Princeton, Spring, "A World of Our Making", http://www.democracyjournal.org/20/a-world-of-our-making.php?page=all
Grand Strategy as Liberal Order Building American dominance of the global system will eventually yield
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liberal order building, it can begin the process of gaining it back.
Don Flournoy 12, Citing Feng Hsu, PhD NASA Scientist @ the Goddard Space
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January 2012, Springer Briefs in Space Development, p. 10-11
In the Online Journal of Space Communication , Dr. Feng Hsu, a NASA
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simply too high for us to take any chances" (Hsu 2010 ).
David Quammen 12, award-winning science writer, long-time columnist for Outside magazine for fifteen years, with work in National Geographic, Harper’s, Rolling Stone, the New York Times Book Review and other periodicals, 9/29, "Could the next big animal-to-human disease wipe us out?," The Guardian, pg. 29, Lexis
Infectious disease is all around us. It’s one of the basic processes that ecologists
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collapses? One possible factor is infectious disease, and viruses in particular.
Chehab, 12 ~Ahmad, Georgetown University Law Center, Retrieving the Role of Accountability in the Targeted Killings Context: A Proposal for Judicial Review~
The practical, pragmatic justification for the COAACC derives largely from considering social psychological findings
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choices and evaluate available alternatives than when subject to little to no review.
Farley, 12 ~winter, 2012, South Texas Law Review, 54 S. Tex. L. Rev. 385, "Drones and Democracy: Missing Out on Accountability?" Benjamin R. Farley* J.D. with honors, Emory University School of Law, 2011. Editor-in-Chief, Emory International Law Review, 2010-2011. M.A., The George Washington University Elliott School of International Affairs, 2007, p. lexis~
V. Conclusion: Unaccountable Uses of Force and High-Risk Policymaking Effective accountability
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to go to war is more likely to lead the nation into war.
Atarodi, 10 – Swedish Defence Research Agency (Alexander, "Yemen in Crisis – Consequences for the Horn of Africa," http://www.foi.se/upload/asia/FOI-R—2968—SE.pdf-http://www.foi.se/upload/asia/FOI-R~-~-2968~-~-SE.pdf)
Yemen will celebrate the 20th anniversary of national unification in 2010. But it will
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to promote economic development to improve the lives of the rapidly growing population.
Hedberg, 10 – Lt Col, US Navy, paper submitted in fulfillment of a MASTER OF ARTS IN SECURITY STUDIES (MIDDLE EAST, SOUTH ASIA, SUB-SAHARAN AFRICA) at the Naval Postgraduate School (Nicholas, "THE EXPLOITATION OF A WEAK STATE: AL-QAEDA IN THE ARABIAN PENINSULA IN YEMEN," June, http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA52465526Location=U226doc=GetTRDoc.pdf-http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA52465526Location=U226doc=GetTRDoc.pdf)
This chapter will address three major reasons why AQAP has come to the forefront of
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conditions that allow AQAP to recruit, train, and operate within Yemen.
A. PROBLEMS WITH WEAK STATES
Today, the United States is the world’s sole remaining superpower, and we no
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unable to provide the proper authority to thwart the threat of transnational terrorism.
Though attention to weak and failing states has increased, there is no universal definition
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space where terrorist organizations can recruit, train, and conduct operations successfully.
There is no consensus on how many weak and failing states there are in the
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none may be greater to the West than the threat of transnational terrorism.
There may not be a better example of a weak state today than Yemen.
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is using to help garner support in the country. Organizations such as AQAP
Are eager to step in and fill a void when the government is unable to provide its citizens with essential services. When such groups provide health, education, and protection services instead of or better than the government, they gain legitimacy, respect, and authority in the eyes of the public.179
Groups such Hizbullah in Lebanon, and Hamas in Gaza, have been successful in providing these essential services in the past and it has helped lead to their popularity in other areas. AQAP may not be as popular in Yemen as Hizbullah and Hamas are in their respective countries, but they are building strong relationships with the powerful Yemeni tribes who control large amounts of territory within Yemen.
Whereas it can be argued that violence is one of the outcomes of an organization
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most logical stopping point for the next era of the transnational terrorist network.
Plan
Solvency
Congressional action key to create a court with jurisdiction and to establish independent oversight – it’s effective
McKelvey, 11 ~Benjamin, JD Candidate, Senior Editorial Board, Vanderbilt Journal of Transnational Law, "Due Process Rights and the Targeted Killing of Suspected Terrorists: The Unconstitutional Scope of Executive Killing Power," Vanderbilt Journal of Transnational Law, November, 44 VAND. J. TRANSNAT’L L. 1353, http://www.vanderbilt.edu/jotl/2012/06/due-process-rights-and-the-targeted-killing-of-suspected-terrorists-the-unconstitutional-scope-of-executive-killing-power/-http://www.vanderbilt.edu/jotl/2012/06/due-process-rights-and-the-targeted-killing-of-suspected-terrorists-the-unconstitutional-scope-of-executive-killing-power/~~
A. Option One: Congress Could Pass Legislation to Establish Screening and Oversight of
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ultimate authority to an impartial judge with no institutional connection to the CIA.