Tournament: NA | Round: 1 | Opponent: NA | Judge: NA

ADV 1: Democratic Deliberation

1AC beings with the story of Rehman family.

He thought little of the U.S. drone buzzing over his family's house
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telling the truth," he said. "I have nothing to fear."
(http://www.huffingtonpost.com/2013/10/29/pakistani-drone-victim-congress_n_4171975.html)

Only 5 members of Congress came to that briefing. The media and the government are ignoring victims of drone strikes like the Rehman family. We need to give them a voice, show them that Americans ARE listening, and honor the remains of these victims by mobilizing the public to restrain executive use of drones.

Medea Benjamin 11/5/13 (Cofounder of CODEPINK and the human rights organization Global Exchange, "Drone Victims Come Out of the Shadows: New films, reports, and media coverage are finally giving the American public a taste of the personal tragedies involved in the U.S. drone war," CodePink, ~http://fpif.org/drone-victims-come-shadows/?utm_source=feedburner26utm_medium=feed26utm_campaign=Feed3A+FPIF+28Foreign+Policy+In+Focus+28All+News2929~~

By, November 5, 2013. Originally published in CodePink¶ At each of the over 200 cities I've traveled to this past year with my book Drone Warfare: Killing by Remote Control, I ask the audience an easy question: Have they ever seen or heard from drone strike victims in the mainstream U.S. press? Not one hand has ever gone up. This is an obvious indication that the media has failed to do its job of humanizing the civilian casualties that accompany President Obama's deadly drone program. This has started to change, with new films, reports, and media coverage finally giving the American public a taste of the personal tragedies involved. On October 29, the Rehman family—a father with his two children—came all the way from the Pakistani tribal territory of North Waziristan to the U.S. Capitol to tell the heart-wrenching story of the death of the children's beloved 67-year-old grandmother. And while the briefing, organized by Congressman Alan Grayson, was only attended by four other congresspeople, it was packed with media.¶ Watching the beautiful 9-year-old Nabila relate how her grandmother was blown to bits while outside picking okra softened the hearts of even the most hardened DC politicos. From the congressmen to the translator to the media, tears flowed. Even the satirical journalist Dana Milbank, who normally pokes fun at everything and everyone in his Washington Post column, covered the family's tragedy with genuine sympathy. The visit by the Rehman family was timed for the release of the groundbreaking new documentary Unmanned: America's Drone Wars by Robert Greenwald of Brave New Foundation. The emotion-packed film is filled with victims' stories, including that of 16-year-old Tariq Aziz, a peace-loving, soccer-playing teenager obliterated three days after attending an anti-drone conference in Islamabad. Lawyers in the film pose the critical question: If Tariq was a threat, why didn't they capture him at the meeting and give him the right to a fair trial? Another just released documentary is Wounds of Waziristan, a well-crafted, 20-minute piece by Pakistani filmmaker Madiha Tahir that explains how drone attacks rip apart communities and terrorize entire populations. Just as the visit and the films have put real faces on drone victims, a plethora of new reports by prestigious institutions—five in total—have exposed new dimensions of the drone wars. On October 22, Human Rights Watch issued a report on drone strikes in Yemen and Amnesty International issued another on drone strikes in Pakistan. While not calling for an end to all drone strikes, the reports detail cases of civilian casualties and criticize the U.S. government for considering itself above the rule of law and accountability. A third report, License to Kill, released by the Geneva-based group Al Karama, is much more damning of U.S. policy. While Amnesty and Human Rights Watch say drones are lawful under certain circumstances and mainly push for transparency, Al Karama asserts that the U.S. drone war is a clear violation of international law. It calls for an end to extrajudicial executions and targeted killings; complete reparations to victims; and a resolution by the UN Human Rights Council opposing the U.S. practice of extrajudicial executions. Adding to these well-researched reports by non-governmental organizations are two documents commissioned by the United Nations. One is by Christof Heyns, the UN's special rapporteur on extrajudicial, summary, or arbitrary executions. The other is by Ben Emmerson, the special rapporteur on human rights and counter-terrorism. Heyns warns that while drones may be more targeted than other weapons, they are easier to use and may "lower social barriers against the use of lethal force." He said that a "drones only" approach risks ignoring peaceful approaches such as individual arrests and trial, negotiations and building alliances. Emmerson said states have the obligation to capture terrorist suspects, when feasible, and should only use force as a last resort. He blasted the U.S. lack of transparency, calling it the single greatest obstacle to an evaluation of the civilian impact of drone strikes. He said states must be transparent about the acquisition and use of drones, the legal basis and criteria for targeting, and their impact. "National security does not justify keeping secret the statistical and methodological data about the use of drones," he claimed. But perhaps more impactful than the UN reports themselves was the debate they engendered on the floor of the UN General Assembly. On October 26, for the first time ever, representatives from a broad swath of nations waited their turn to denounce the U.S. drone policy. Venezuela called drones "flagrantly illegal" and said they were a form of "collective punishment." Brazil pushed the UN rapporteurs to take an even stronger stand. China called drones a "blank space in international law" and insisted that nations "respect the principles of UN charters, the sovereignty of states, and the legitimate rights of the citizens of all countries." The representative of Pakistan tried to put to rest press reports that the Pakistani government secretly approved of the strikes. He stated that drones put all Pakistanis at risk and radicalize more people, and called for "an immediate cessation of drone strikes within the territorial boundaries of Pakistan." This was the same sentiment expressed by Pakistani Prime Minister Nawaz Sharif in his October 23 meeting with President Obama. The U.S. government is feeling the pressure. It has taken steps to reduce civilian casualties and has reduced the actual number of strikes, but certainly not eliminated them. In fact, there was a drone strike in Somalia on October 28 and another one in Pakistan on October 31 that killed Taliban leader Hakimullah Mahsoud, who was about to engage in peace talks with the Pakistan government. While the reduction in the number of strikes is a partial victory, it cannot erase the hundreds of innocent lives lost over the years. Also, with the global proliferation of drones (thanks to the easing of restrictions on overseas sales and the introduction of domestic drones into U.S. skies by September 2015), their usage will inevitably increase. A mobilized global community is the only force that can serve as a restraining factor. It is also best way to honor the Rehman family and other victims. As 13-year-old Zubair Rehman testified, "I hope that by telling you about my village and death of my grandmother, I can convince you that drones are not the answer. I hope I can return home to tell my community that Americans listened and are trying to help us solve the many problems we face. And maybe, just maybe, America may soon stop the drones." Responding to this call is the Global Drone Summit November 16-17 in Washington DC, where hundreds of people from around the world will gather to strategize and to organize a global network. They will also announce campaigns to pressure the U.S. government to release the legal memos justifying drone strikes, and create a compensation fund for civilian victims.

Encountering stories like the Rehman family's is the only way to awaken a sense of accountability for the other to create a new community of resistance

VLIEGHE 10
Joris (laboratory for education and society, PhD education,) "Judith Butler and the Public Dimension of the Body: Education, Critique and Corporeal Vulnerability" Journal of Philosophy of Education, Vol. 44, No. 1, 2010
We just have to undergo these expropriating events. In this experience of self-
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which as a result causes no actual change whatever in the existing regime.

Today's security apparatus views the public as incapable of making decisions about self-defense. This has created a legitimacy deficit that prevents public from calling for transparency or challenging executive security decisions.

Rana 12 Aziz Assistant Professor of Law, Cornell University Law School; A.B., Harvard College; J.D., Yale Law School; PhD., Harvard University. Connecticut Law Review July, 2012 44 Conn. L. Rev. 1417 COMMENTARY: NATIONAL SECURITY: LEAD ARTICLE: Who Decides on Security?, lexis
Despite over six decades of reform initiatives, the overwhelming drift of security arrangements in
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and then to watch those branches delegate such power back to the executive.

The executive's use of the state secrets privilege assumes judges don't have the expertise to decide issues of national security.

Chehab 11 Ahmad Georgetown University Law Center Spring, 2011 Wayne Law Review 57 Wayne L. Rev. 335 THE BUSH AND OBAMA ADMINISTRATIONS' INVOCATION OF THE STATE SECRET PRIVILEGE IN NATIONAL SECURITY LITIGATION: A PROPOSAL FOR ROBUST JUDICIAL REVIEW, lexis

Part IV proposes several possible methods of examining the reliability and merit of SSP usage
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some sort of concrete damage toward a particular litigant or class of litigants.

A vibrant public sphere is ONLY WAY to check gross forms of national security utilitarianism

Williams 8  *Daniel R, Associate Professor of Law, Northeastern University School of Law.
Penn State Law Review, Summer, 113 Penn St. L. Rev. 55

The classic Frankfurt School diagnosis of American culture is grim and pessimistic. Jurgen Habermas
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Habermas regard "the public sphere as the definitive institution of democracy." 164 

Self-imposed exile and fear of the public sphere is pushing us to the brink of annihilation

Williams 8  *Daniel R, Associate Professor of Law, Northeastern University School of Law.
Penn State Law Review, Summer, 113 Penn St. L. Rev. 55

B. The Underbelly of the Enlightenment Heritage - the Weberian Nightmare What has heretofore
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upon which those slaughtered cultures built their now-defunct way of life.

We need a sustained public debate about the validity of secrecy to challenge the assumptions about security decisions and expertise.

Rana 12 Aziz Assistant Professor of Law, Cornell University Law School; A.B., Harvard College; J.D., Yale Law School; PhD., Harvard University. Connecticut Law Review July, 2012 44 Conn. L. Rev. 1417 COMMENTARY: NATIONAL SECURITY: LEAD ARTICLE: Who Decides on Security?, lexis

If the objective sociological claims at the center of the modern security concept are themselves
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, we can expect our prevailing security arrangements to become ever more entrenched.

Public debate is key to transform political culture.

Giroux 13 Henry A. | currently holds the Global TV Network Chair Professorship at McMaster University in the English and Cultural Studies Department and a Distinguished Visiting Professorship at Ryerson University. The Shooting Gallery: Obama and the Vanishing Point of Democracy, Truthout, 2-12

At a time in history when American society is overtly subject to the quasi militarization
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are now in the shooting gallery and we are all potentially the targets.

ADV 2: Targeted Killing

Public debate about drone policy is on the rise. Obama's latest attempts at transparency are REACTIONS to the public debate. The administration is on the defensive and looking for ways to justify its policies

Herb and Sink 13 Jeremy Herb and Justin Sink 03/08/13 (The Hill, Obama Faces Turning Point on Drone Policy)  
The public address by Obama highlights the administration's understanding that it needs to give a
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needs to be heard. And Rand Paul made it heard last night."

Obama proposed a drone court to Congress to increase transparency.

The Guardian 13 "Obama drone oversight proposal prompts concern over 'kill courts'" May 24 http://www.theguardian.com/world/2013/may/24/obama-drone-vetting-kill-courts
Proposals to vet future US drone strikes risk creating "kill courts" according to
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but raises serious constitutional issues about presidential and judicial authority," he said.

Ex Ante review would provide a veil of legitimacy while rubber-stamping the administration's expansion of its campaign of global terror

Vladeck 13 Steve Vladeck 02/10/13 (Professor of Law and the Associate Dean for Scholarship at American University Washington College of Law. His teaching and research focus on federal jurisdiction, constitutional law, national security law, and international criminal law. "Why a "Drone Court" Won't Work–But (Nominal) Damages Might...", LawFare, from a conference hosted by Columbia Law School on targeted killings.)
That brings me to perhaps the biggest problem we should all have with a "
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and practically possible, a drone court would be a very dangerous idea.

Drone strikes cause thousands of civilian deaths and do psychological violence to those who must constantly live with the threat of a strike.

Stanford Human Rights Clinic 12 "Living Under Drones Death, Injury, and Trauma to Civilians From US Drone Practices in Pakistan" Stanford International Human Rights and Conflict Resolution Clinic (IHRCRC) and Global Justice Clinic (GJC) at NYU School of Law September http://livingunderdrones.org/wp-content/uploads/2012/10/Stanford-NYU-LIVING-UNDER-DRONES.pdf
First, while civilian casualties are rarely acknowledged by the US government, there is
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loved ones or their homes in drone strikes now struggle to support themselves.

Probability should be evaluated before magnitude- each internal link makes their scenario less likely.

Rescher in 83, Prof. of Philosophy Nicholas Rescher, University of Pittsburgh Professor of Philosophy, "Risk: A Philosophical Introduction to the Theory of Risk Evaluation and Management" 1983
On this issue there is a systemic disagreement between pro- babilists working in mathematics
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. Probabilities below the     threshold are treated as though they were zero.'3

People have a cognitive bias against high probability-low magnitude impacts. You should undervalue their DAs – the longer the chain of events the less likely the scenario

Yudkowsky 6 ~Eliezer, 8/31/2006. Singularity Institute for Artificial Intelligence Palo Alto, CA. "Cognitive biases potentially affecting judgment of global risks, Forthcoming in Global Catastrophic Risks, eds. Nick Bostrom and Milan Cirkovic,singinst.org/upload/cognitive-biases.pdf-http://singinst.org/upload/cognitive-biases.pdf.
4. The Conjunction Fallacy Linda is 31 years old, single, outspoken,
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a futurist, disjunctions make for an awkward and unpoetic-sounding prophecy.

Plan

The United States Congress should create a statutory cause of action for damages for those unlawfully injured by targeted killing operations or their heirs that overrides the state secrets and official immunity doctrine and replaces them with carefully considered procedures for balancing the secrecy concerns.

Solvency

The plan overcomes current legal barriers to judicial review.

Vladeck 13 Steve Vladeck 02/10/13 (Professor of Law and the Associate Dean for Scholarship at American University Washington College of Law. His teaching and research focus on federal jurisdiction, constitutional law, national security law, and international criminal law. "Why a "Drone Court" Won't Work–But (Nominal) Damages Might...", LawFare, from a conference hosted by Columbia Law School on targeted killings.)
At first blush, it may seem like many of these issues would be equally
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not most–of these cases, these legal issues would be overcome.

Law suits are a visible platform to spur public debates about human rights and generate media attention about executive secrecy.

Wexler 13 Lesley Wexler Professor of Law and Thomas A. Mengler Faculty Scholar, University of Illinois College of Law "The Role of the Judicial Branch during the Long War: Drone Courts, Damage Suits, and FOIA Requests" May 8 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2262412

This chapter suggests the judiciary may play an important role in the debate over the
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Even the threat of such a judicial role may influence executive branch behavior.

Mobilizing civil society organizations is the most effective way to retrain executive power.

Cole 11 David, Professor, Georgetown University Law Center. Where Liberty Lies: Civil Society and Individual Rights After 9/11 Wayne Law Review, Winter, 57 Wayne L. Rev. 1203, lexis

The force of ordinary electoral politics also cannot account for the shift in U.
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law will have substantial deterrent effect, with or without actual court decisions.

The aff advances a broader movement for more transparency and public accountability in war-making- we need to bring the debate to the public

Wexler 13 Lesley Wexler Professor of Law and Thomas A. Mengler Faculty Scholar, University of Illinois College of Law "The Role of the Judicial Branch during the Long War: Drone Courts, Damage Suits, and FOIA Requests" May 8 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2262412

When the executive branch began deploying drones to engage in targeted killings, the public
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this area and the future prospect for such rulings seem quite dim.166

Courts are rallying point

Cole 11 David, Professor, Georgetown University Law Center. Where Liberty Lies: Civil Society and Individual Rights After 9/11 Wayne Law Review, Winter, 57 Wayne L. Rev. 1203, lexis

Learned Hand's assertion that as long as "liberty lies in the hearts of men
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can and often do enforce constitutional rights where the political branches would not.

Innovations spillover – executives will try to demonstrate that they're making improvements in other areas

Margulies 10 * Peter, Professor of Law, Roger Williams University. Judging Myopia in Hindsight: Bivens Actions, National Security Decisions, and the Rule of Law, 96 IOWA L. REV. 195
A carefully crafted damages remedy restrains official myopia and thereby curbs this counterproductive cycle.
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policy that Justice Kennedy identified in Boumediene as a central threat to constitutionalism.

Civil society organizations write the dominant narrative that influences court and executive decision

Cole 11 David, Professor, Georgetown University Law Center. Where Liberty Lies: Civil Society and Individual Rights After 9/11 Wayne Law Review, Winter, 57 Wayne L. Rev. 1203, lexis

Like the popular constitutionalists, Joseph Margulies and Hope Metcalf criticize post-9/
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and sustaining that culture, and to invoking it in times of crisis.

Courts are critical to de-normalize the Jack Bauer syndrome

Delmas 6, Candice, Pf Philosophy, Georgia State University, "Liberalism and the Worst-Result Principle: Preventing Tyranny, Protecting Civil Liberty" Philosophy Theses. Paper 14.

If Endo can be seen as typical of effective judicial review, Hirabayashi and Korematsu
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court is a central element in the liberal project of safeguarding civil liberty.

We don't need to win that fiat is good in order to solve our aff- the aff is about building a culture of resilience.

Cole 11  David, Professor, Georgetown University Law Center. Wayne Law Review, Winter, 57 Wayne L. Rev. 1203

"Civil society constitutionalism," like "popular constitutionalism" 11 and "democratic constitutionalism
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is where much of the work of democratic and popular constitutionalism is done.

The anti-drone movement needs policy help. Now is a critical time to discuss the policy changes in order to build momentum

Medina 13  Daniel, The Huffington Post, 11-18, http://www.huffingtonpost.com/daniel-medina/drone-summit-demands-end-_b_4297581.html
Within view of the U.S. Capitol and just a little more than
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that if we remain united as a movement, we can get there."