C'mon. You've entered info for 26 rounds, and only entered cites for 8? That's only 30.8%. Open Source is NOT a replacement for good disclosure practices.
Tournament
Round
Report
ADA
2
Opponent: Samford Kimball-Sessions | Judge: Susko
1AC was LOW 2NR WarmingMiscalc Adv CP Iran Ptx
ADA
4
Opponent: Georgia Li-Jones | Judge: Lowry
1AC was LOW Block- Security (2NR) and T-troops
ADA
6
Opponent: George Mason Mohney-Dailey | Judge: Turnage
2NR was XO and Ukraine Ptx
Districts
2
Opponent: Wake Forest Clifford-Villa | Judge: Cambre
1AC was Allies and Malysia 1NC China SoPo DA TPA Ptx Courts CP 2NR China
Plan: The United States federal judiciary should increase judicial restrictions on the President’s authority to introduce armed forces into hostilities by holding that policies that allow the United States to launch a retaliatory nuclear attack before confirmation of a nuclear detonation are unconstitutional under the Posterity Clause because these policies represent an unacceptable risk of irreversible damage to the rights of future generations.
Advantage 1 is Warming
Warming is anthropogenic – this is the culmination of almost a 12,000 studies
Cook 13 – John, Global Change Institute, University of Queensland, Australia ~15 May, Quantifying the consensus on anthropogenic global warming in the scienti?c literature. Environ. Res. Lett. 8 (2013) 024024 (7pp)~cs We analyze the evolution of the scienti?c consensus on anthropogenic global warming (AGW) AND the consensus on AGW is a vanishingly small proportion of the published research.
And, warming is speeding up – negative feedbacks and CO2 good arguments have been disproven
Artic Permafrost, Less land-based absorption of CO2, winds expose deep water layers, vegetation, wildfires Lyderson 9 – Kari, Washington Post ~Feb 15, http://www.washingtonpost.com/wp-dyn/content/article/2009/02/14/AR2009021401757.html~~cn The pace of global warming is likely to be much faster than recent predictions, AND past are likely to become drier as temperatures rise, growing more vulnerable.
But, it’s not irreversible yet – there is no leg between cuts and response
Desjardins 13 – Clea, member of Concordia university Media Relations Department, academic writer, citing Damon Matthews; associate professor of the Department of Geography, Planning and Environment at Concordia University, PhD, Member of the Global Environmental and Climate Change Center ~"Global Warming: Irreversible but Not Inevitable,"~cs There is a persistent misconception among both scientists and the public that there is a AND mitigation challenge, clarifying these points of hope is critical to motivate change."-http://www.concordia.ca/now/what-we-do/research/20130402/global-warming-irreversible-but-not-inevitable.php)
Warming makes oceans acidic – the impact is extinction
Kristof 6 – Nicholas, New York Times, American journalist, author, op-ed columnist, and a winner of two Pulitzer Prizes ~Jul, "Scandal Below the Surface," Online~cn If you think of the earth’s surface as a great beaker, then it’s filled AND . We stand, so to speak, on the shoulders of plankton.
Advantage 2 is Miscalculation:
Nuclear miscalc is inevitable under Launch on Warning:
First, early warning glitches and human error
Phillips 26 Starr 4 – Alan, M.D., Cambridge physicist, radar researcher during WW2 , and Steven, nuclear engineer, medical technologist ~May/Jun, "Let’s go No-LOW," Bulletin of the Atomic Scientists, Vol 60: No 3~cn As long as the United States and Russia retain their arsenals of nuclear-armed AND systems may not only cease to provide redundancy—it may amplify mistakes.
Second, overlapping false alarms
Sennott 1 – Linn, Ph.D., Professor of Mathematics, Illinois State University ~http://www-ee.stanford.edu/~~hellman/Breakthrough/book/chapters/sennott.html~~cn Data made available by the American government under its Freedom of Information Act show that AND false alarm rates are one hundred per year for both satellites and radars.
Third, short decision-making times
Barrett 13 – Anthony, PhD in Engineering and Public Policy from Carnegie Mellon University AND BS in Political Science from Columbia and Research Assistant at Global Catastrophic Risk Institute ~June 28, Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia~cs Attack indicators may or may not be resolved (identified as a false alarm) AND error-prone LOW posture during periods of high tensions or crisis.34
And fourth, deliberate cyber-attacks on early warning systems
Fritz 9 – Jason, radar signaling specialist, International Commission on Nuclear Nonproliferation and Disarmament ~Jul 30, http://www.ifap.ru/pr/2009/n090730a.pdf~~cn The US nuclear arsenal remains designed for the Cold War. This means its paramount AND in order to issue false voice commands (Andersen 2001, Chapter 16).
Miscalc sparks US-Russia war and causes extinction
——Weather, computer chips, wild animals, training tapes, intentional manipulation Barrett 13 – Anthony, PhD in Engineering and Public Policy from Carnegie Mellon University AND BS in Political Science from Columbia and Research Assistant at Global Catastrophic Risk Institute ~June 28, Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia~cs War involving significant fractions of the U.S. and Russian nuclear arsenals, AND making one or both nations more likely to misinterpret events as attacks. 16
Russia’s war plans ensures they’ll retaliate
Thompson 9 – Nicholas, senior editor of Wired ~Sept 21, "Inside the Apocalyptic Soviet Doomsday Machine," Wired~cn "The Perimeter system is very, very nice," he says. "We AND . After all, he says, Dead Hand is continuously being upgraded.
Miscalc is the only scenario for nuclear war
Evans 10 – Gareth, President and Chief Executive of the Brussels-based International Crisis Group, Report of the International Commission on Nuclear Non-proliferation and Disarmament ~"ELIMINATING NUCLEAR THREATS," ICNND, Online~cn Maintaining thousands of nuclear warheads on dangerously high launch on warning alert is the ultimate AND maker miscalculation should to an important degree be attributed to sheer luck.’
India and Pakistan model U.S. launch on warning policy
Mian 2 – Zia, Physicist at Princeton and Frank Hippel, Professor of Public and International Affairs at Princeton ~"U.S.-Russian Lessons for South Asia". August 2, 2002. Foreign Policy in Focus. http://www.fpif.org/fpiftxt/437~~cs The current South Asian crisis seems to have ebbed, but the underlying dynamic remains AND Russia instead of sending them forward in a threatening manner—as it does
Accidents and proximity ensure Indo-Pak acquisition of early warning capabilities will trigger nuclear war
Ramana 2 – M.V., Ph.D., physicist, Centre for Interdisciplinary Studies in Environment and Development ~Nov 7, http://www.geocities.com/m_v_ramana/nucleararticles/earlywarning_accidents.htm~~cn General Worden’s statement was probably wrong on one count. From what we know publicly AND deploy their nuclear weapons on missiles that can be launched at short notice.
Retaliatory Launch Only After Detonation, or RLOAD, solves nuclear miscalc
Phillips 26 Starr 7 – Alan, M.D., Cambridge physicist, radar researcher during WW2 , and Steven, nuclear engineer, medical technologist ~Jan 8, http://www.worldfederalistscanada.org/rload/Replace_LoW_Policy_8Jan.pdf~~cn Replacing LoW with RLOAD would require, in the American system, feeding any positive AND the predicted time of arrival, the crews would revert to peacetime readiness.
It’s try or die for the aff – we were saved by one man
Spencer 5 – Metta, Professor of Sociology at the University of Toronto ~Dec 31, http://metta-spencer.blogspot.com/2005_12_01_archive.html~~cn The problem with "launch-on-warning" is that sometimes the warning is only a false alarm. In fact, that happens quite often. There’s less than half-an-hour in which to re-check the alarm and discuss what to do. Within 30 minutes the incoming missiles will land and civilization will end. Fortunately, whenever there has been enough time to re-check, the warning has always turned out to be a false alarm that could safely be ignored. However, on several occasions the warning has not been disconfirmed during the available time frame and, had the prescribed operating procedures been followed, you and I would be dead. For example, in 1983 the commander of a Soviet nuclear missile bunker Colonel Stanislav Petrov, refused to obey orders, even though the radar detected a group of incoming American missiles. (See his photo, and also see http://www.peacemagazine.org/archive/v17n2p16.htm) He saved the lives of many millions of human beings. Yet, nuclear weapons experts all agree that unless this dangerous system of launch on warning is abandoned, our luck will run out some day. Eventually, a false alarm will trigger Armageddon, for not everyone is as courageous and independent as Colonel Petrov.
The past is not predictive – close calls prove the risk of accidental war is high
Sagan 93 – Scott, professor of political science and co-director of the Center for International Security and Cooperation ~"The limits of safety: Organizations, accidents, and nuclear weapons" pp. 11-12~cn One possibility is to assume that this central fact proves that the danger of nuclear AND —even an apparently perfect final safety record may not inspire extreme confidence.
Solvency – 1AC
Posterity Clause ruling on the plan would establish intergenerational standing – key to prevent extinction
Davidson 3 – John Edward, J.D., Professor of Constitutional Law, Pioneer Pacific College; Senior Research Fellow, Constitutional Law Foundation ~"Tomorrow’s Standing Today: How the Equitable Jurisdiction Clause of Article III, Section 2 Confers Standing Upon Future Generations," 28 Colum. J. Envtl. L. 185, LEXIS~cn We deplete freshwater aquifers many times faster than nature can replenish them. 4 We AND rights in the absence of any more specific congressional authorization than 1331. 26
Courts solve – no empirical evidence for rollbacks, Congress defers even in controversial cases and the Court has strong symbolic power
Baum 3 – Lawrence, Professor of Political Science @ Ohio State U ~Jun, Annual Review of Political Science, Vol. 6: 161-180~cn Participants in politics and even students of politics sometimes take positive responses for granted, AND Court’s recent interventions and the Court itself have survived congressional scrutiny so well.
Ruling on launch on warning gives the Court a solid case to establish a precedent in favor of intergenerational justice
Johnson 87 – Clifford, professor in Physics and Astronomy at the University of Southern California ~Spring, http://cpsr.org/prevsite/publications/newsletters/old/1980s/Spring1987.txt/~~cn The Nunn-Warner group’s work in some areas, notably including test ban proposals AND as Justice Goldberg observed: "The Constitution is not a suicide pact."
RLOAD bans launches based on false alarm – first strikes don’t take out our solvency
Starr 9 – Steven, senior scientist with Physicians for Social Responsibility; Director of Clinical Laboratory Science Program, University of Missouri-Columbia; Areas of Expertise: Taking nuclear weapons off high-alert status ~"New Terms for a Common Understanding of De-Alerting," http://www.nucleardarkness.org/highalert/~~23_ftn8~~cn Preemptive Launch is the unambiguous First Use of nuclear weaponry. It is ordered in the absence of tactical warning of nuclear attack, although perhaps after a strategic warning of attack.8 The U.S. DOD defines "strategic warning" as "A warning prior to the initiation of a threatening act" ~emphasis added~, see http://www.dtic.mil/doctrine/jel/doddict/data/s/7298.html and also defines a "tactical warning" as "A warning after initiation of a threatening or hostile act based on an evaluation of information from all available sources." ~emphasis added~, http://www.dtic.mil/doctrine/jel/doddict/data/t/7481.html-http://www.dtic.mil/doctrine/jel/doddict/data/t/7481.html. There is no apparent disagreement about this term, but it is mentioned in order to clarify the sequence of events in relation to the other terms being defined. Responsive Launch Before Nuclear Detonation (RLBND or RLBD) is the launch of a nuclear strike in response to tactical warning of an incoming nuclear attack, but before one or more nuclear detonations (precisely predicted by EWS data) provide unequivocal proof that the perceived attack is in fact a nuclear attack. RLBD does not imply that political or military leaders would utilize a responsive launch process. However, the capability to initiate a RLBD is a primary attribute and function of all operational high-alert nuclear weapons. Although RLBD would not likely be intended as a Preemptive Launch, it would be made upon the presumption that an incoming nuclear attack was underway, but not upon confirmation of nuclear detonation. RLBD thus creates the appalling danger that a false warning of nuclear attack might be accepted as true and would trigger a "responsive" nuclear strike which in fact would be a first-strike. High-alert nuclear forces are what make a RBLD possible; de-alerting nuclear forces would preclude RLBD.9 RLBD could easily replace the term "Launch on Warning" (LOW). No official military definition exists for LOW, and so no effort would be required to edit or eliminate it from military texts. The absence of a formal definition for LOW has led to the impression that LOW implies an essentially reflexive nuclear launch will occur upon tactical warning of strategic attack (a fact hotly contested by many in the military). Thus there probably would be little official objection to the disappearance of LOW from the de-alerting discussion.10 Launch After Nuclear Detonation (LAND or LAD) could be used to replace the term "Launch Under Attack". This proposal may at first seem counterintuitive, because the US DOD dictionary defines LUA as occurring "prior to first impact". However, Russian military experts have often used LUA to describe a launch which is carried out after the first nuclear detonation confirms an incoming first-strike.11 The current confusion between LUA definitions is a good enough reason in itself to discard LUA – since if consensus is to be reached, one of the LUA definitions must be eliminated. LAD also follows logically from LBD. The universal adoption of a policy of launching only after one or more nuclear detonations have been confirmed would preclude the deadly mistake of launching a responsive or reflexive nuclear strike based upon a false warning.12 Because technical failure, human error and deliberate sabotage (and some combination of these circumstances) can all cause EWS and nuclear command and control systems to issue false warnings of attack, a launch based upon a false warning would cause an accidental nuclear war.13 Adopting a policy of LAD would also prevent the launch of nuclear weapons in reaction to an incoming strike of conventional warheads.14
Status quo Supreme Court precedent does not grant standing to those wishing to file suits based on potential harms to future generations
Mank 9 – Bradford, Professor of Law, University of Cincinnati College of Law ~34 Colum. J. Envtl. L. 1, LEXIS~cn Many issues, especially potential environmental catastrophes caused by climate change, affect not just AND plaintiff who seeks only to protect the rights or interests of future generations.
3/14/14
1AC Districts
Tournament: Districts | Round: 2 | Opponent: Wake Forest Clifford-Villa | Judge: Cambre Plan The United States Congress should establish an Article III National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy, specifically individuals detained pursuant to P.L. 107-40. Congress should mandate that all such individuals be expediently tried or released. Advantage X is Malaysia
Judiciary policies on detention are modelled globally—Specifically, Malaysia uses Guantanamo to justify detention abuses
It’s reverse causal—hypocrisy on Guantanamo prevents US influence in Malaysian detainee release—first move is key
Mariner 8—Joanne, director of Hunter College’s Human Rights Program. Before joining Hunter in 2011, she worked at Human Rights Watch, most recently as the director of the organization’s Terrorism and Counterterrorism Program. Before joining Human Rights Watch, Mariner served as a law clerk to Judge Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. She graduated summa cum laude from Barnard College and received a JD from Yale Law School. ~4/24, http://www.counterpunch.org/2008/04/24/u-s-hypocrisy-and-the-malaysian-guant-aacute-namo/~~ab-http://www.counterpunch.org/2008/04/24/u-s-hypocrisy-and-the-malaysian-guant-aacute-namo/5dab U.S. Hypocrisy and the Malaysian Guantánamo¶ by JOANNE MARINER¶ " AND ISA. Hopefully, in both countries, fairer options will soon emerge.
Current Malaysian detention policy destroys Malay rule of law and risks political instability
ALRC 3—Asian Legal Resource Centre ~http://www.alrc.net/doc/mainfile.php/59written_item11f/187~~ab Political detention under Malaysia’s Internal Security Act¶ 1. In its written statement on AND Hishamuddin Rais; and, Free Anwar Campaign director Raja Petra Raja Kamaruddin.
Malaysian stability key to the economic backbone of ASEAN—key to resolving SCS conflict
Rajaratnam 92—Sinnathamby, former Foreign Minister of Singapore ~9/1, http://www.asean.org/news/item/asean-the-way-ahead-by-s-rajaratnam~~ab Should regionalism collapse, then ASEAN too will go the way of earlier regional attempts AND , would be the last war ~hu~mankind will ever fight.
Malaysia is the linchpin of the Arc of Instability—key to Southeast Asian stability
Ding 13—Gang, People’s Daily ~5/8, http://www.globaltimes.cn/content/780236.shtml~~23.Uk1LRiQZ8eM~~ab Malaysia has a population of 29 million, 55 percent of which are Malaysian Muslims AND , and pushing forward manageable reforms at a time of greater political awareness.
Regional security concerns initiates China-funded Burmese prolif—triggers Southeast Asian arms race and US draw-in—risks first strike and escalation
Selth 7—Andrew, Research Fellow at the Griffith Asia Institute, He has been studying international security issues and Asian affairs for 35 years, as a diplomat, strategic intelligence analyst and academic. He has published five books and more than 70 peer-reviewed monographs and articles, most of them about Burma and related subjects. His latest major work was Burma’s Armed Forces: Power without Glory ~http://www.griffith.edu.au/__data/assets/pdf_file/0015/18240/regional-outlook-volume-12.pdf~~ab In international affairs, however, the perception often becomes the reality. Countries make AND by the SPDC to acquire strategic weapon systems could have the opposite effect.¶
Multiple flashpoints prove Asian miscalc goes global
Landay 2k – National Security Expert at Knight Ridder ~3/10/’2K, Jonathan, Knight Ridder, lexis~gw Few if any experts think China and Taiwan, North Korea and South Korea, AND Asia that totaled 24600 billion last year, according to the Commerce Department Advantage 2 is Allies
Detention policy is collapsing European cooperation—competing legal regimes are destroying intel-sharing
Parker 12—Tom, policy director for terrorism, counterterrorism, and human rights @ Amnesty International ~9/17, http://nationalinterest.org/commentary/us-tactics-threaten-nato-7461~~ab Attitudes across the Atlantic are hardening fast. This isn’t knee-jerk, man AND Something has to give—and it may just be the Atlantic alliance.
Prosecuting terror suspects is necessary and sufficient to solve coop
Hathaway 13—Oona, international law prof @ Yale ~"The Power To Detain: Detention of Terrorism Suspects After 9/11"; Yale Journal of International Law, Volume 38, Issue 1~ab 3. Strategic Advantages There is clear evidence that other countries recognize and respond to AND of international prosecutorial cooperation, such as the sharing of testimony and evidence.
NATO operations access a laundry list of extinction-level impacts—specifically, bioweapons coming now—Central Asian stability on the brink
Hamilton 9—Daniel, Director of the Center for Transatlantic Relations at SAIS ~"Alliance Reborn: An Atlantic Compact for the 21st Century", http://transatlantic.sais-jhu.edu/sebin/i/y/nato_report_final.pdf~~ab It is urgent that we renew and reform the transatlantic partnership, for the world AND potential to our wider goals and more likely to hold each other back.
Central Asian instability escalates into US-Russia nuclear war—network-centric warfare makes miscalc likely
McDermott 11—Roger, Honorary senior fellow, dept. of IR @ University of Kent ~12/6, http://valdaiclub.com/defense/35840.html~~ab In the current election season the Russian media has speculated that the Defense Minister Anatoliy AND than the old dogs of the Cold War would wish to chew on.
Bioweapons risk extinction—technology and ease of use make it a certainty
Shea 12—Jamie, Deputy Assistant Secretary General for Emerging Security Challenges ~4/19, carnegieendowment.org/2012/04/19/keeping-nato-relevant~ab At the same time, the national security strategies of the NATO allies underline the AND prepare and understand the different structures and procedures used by its member nations.
Cyberterror will trigger global nuclear war
Fritz 9 – Jason, radar signaling specialist, International Commission on Nuclear Nonproliferation and Disarmament ~Jul 30, http://www.ifap.ru/pr/2009/n090730a.pdf~~cn The US nuclear arsenal remains designed for the Cold War. This means its paramount AND in order to issue false voice commands (Andersen 2001, Chapter 16).
Cyber threats break down deterrence makes war uniquely possible
Habiger 10 (Eugue, Retired Air Force General, ~Cyberwarfare and Cyberterrorism, The Cyber Security Institute, 2/1, p. 11-19~rmm However, there are reasons to believe that what is going on now amounts to AND based defenses, making us significantly more at risk of a major war.
Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College ~Fall, "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court," 39 Cal. W. Int’l L.J. 87~cs These proposals deserve careful scrutiny by the public, and particularly by the U. AND National Security Court, and addressing the most prominent criticisms of the concept.
No circumvention – the President would use the NSC
Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College ~Fall, "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court," 39 Cal. W. Int’l L.J. 87~cs The primary triggering mechanism for establishing NSC jurisdiction would fall within the discretion and control AND , it would be permitted to sua sponte transfer the case to NSC jurisdiction
Trials should be every six months and subject to renewal – encourages prosecution and solves indefinite detention
Goldsmith 9 – Jack, Henry L. Shattuck Professor at Harvard Law School ~Feb 4, "Long-Term Terrorist Detention and Our National Security Court"~cs One could argue that there should be no outside limit on the time period available AND when an individual is detained for more than a certain number of years.
The United States Congress should establish an Article III National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy, specifically individuals detained pursuant to P.L. 107-40. Congress should mandate that all such individuals be expediently tried or released.
Observation 1 is Credibility
US credibility is collapsing due to detention policy
Welsh 11 – David, J.D. from University of Utah ~"Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf~~cs The Global War on Terror 1 has been ideologically framed as a struggle between the AND this article offers a psychological perspective of legitimacy in the context of detention.
A National Security Court restores our global image – oversight is key
Sulmasy 9 – Glenn, Associate Professor of Law at the US Coast Guard Academy and National ~April 13, "THE NEED FOR A NATIONAL SECURITY COURT SYSTEM"~cs THE WAY FORWARD¶ The President, Secretary Gates and Secretary Rice have all declared AND dedicated to the administration of justice and to upholding the rule of law.
Judicial involvement is key to the credibility of detention decisions
Waxman 9 – Matthew, Professor of Law and Chair of Law and National Seucirty of the Roger Hertog Program ~November, "Legislating the War on Terror: An Agenda for Reform"~cs Judicial review can help safeguard liberty and enhance the credibility at home and abroad of AND to contest what with the assistance of counsel? Transparent determinations of what?
American institutional credibility is key to heg – exec-flex arguments are wrong
Knowles 9 – Robert, NYU Law School ~Spring, "Article: American Hegemony and the Foreign Affairs Constitution", 41 Ariz. St. L.J. 87, Lexis~cs The hegemonic model also reduces the need for executive branch flexibility, and the institutional AND courts to reduce the "deference gap" between foreign and domestic cases.
Hegemony is key to prevent global security competitions – key to solve nuclear great power wars
Brooks, Ikenberry, and Wohlforth 13 – Stephen G. Brooks is Associate Professor of Government at Dartmouth, G. John Ikenberry is the Albert G. Milbank Professor of Politics and International Affairs at Princeton University in the Department of Politics and the Woodrow Wilson School of Public and International Affairs, Global Eminence Scholar at Kyung Hee University, and William C. Wohlforth, Daniel Webster Professor in the Department of Government at Dartmouth ~"Don’t Come Home, America: The Case Against Retrenchment, International Security, Vol. 37, No. 3 (Winter 2012/13), pp. 7–51, http://belfercenter.ksg.harvard.edu/files/IS3703_Brooks20Wohlforth20Ikenberry.pdf~~gw A core premise of deep engagement is that it prevents the emergence of a far AND Moreover, switching between offshore and onshore balancing could well be dif ficult.
Advantage 2 is CMR
CMR low now—future action will swing the direction
Military sees the plan as a good-faith effort to repair their image – boosts CMR
Joyner 8—James, Managing Editor of the Atlantic Council since September 2007 and editor of Outside The Beltway since January 2003.He has published dozens of columns for publications including The Atlantic, Foreign Policy, The National Interest, CNN, Politico, Reason,Legal Affairs, Human Events, Washington Examiner, The New Individualist, and TCS Daily and is a regular commentator on world affairs on venues including BBC, NPR, C-SPAN, Al Jazeera, CNN, and MSNBC ~1/14/08, http://www.outsidethebeltway.com/joint_chiefs_chairman_close_guantanamo/-http://www.outsidethebeltway.com/joint_chiefs_chairman_close_guantanamo/~~ab The chief of the U.S. military said he favors closing the prison AND that ferried him to and from the detention facilities across a glistening bay.
Obama failing to listen to military recommendation will tank CMR—Bush proves
Strong CMR key to maintaining security in the Gulf of Guinea
Forest 6—James, Professor and Director of Security Studies at the University of Massachusetts Lowell. He is also a senior fellow with the Joint Special Operations University, where he contributes to the teaching and research needs of the U.S. Special Operations Forces community ~Oil and Terrorism in the New Gulf: Framing U.S. Energy and Security Policies for the Gulf of Guinea, pg 259~ab One of the most tangible ways to improve governance in the Gulf of Guinea is AND many of the essen¬tial, but less tangible aspects of a development agenda.
That’s key to global trade
ICG 12—International Crisis Group ~12/12, www.crisisgroup.org/en/regions/africa/central-africa/195-the-gulf-of-guinea-the-new-danger-zone.aspx~ab Within a decade, the Gulf of Guinea has become one of the most dangerous AND problems of sovereignty and territorial control have only been posed on dry land.
Goes nuclear
Panzner 8—Michael, 30-year veteran of the global stock, bond AND com’s RealMoney paid-subscription service and a contributor to DailyFinance.com. ~Financial Armageddon, pg 136~ab Continuing calls for curbs on the flow of finance and trade will inspire the United AND between Muslims and Western societies as the beginnings of a new world war.
The impact is massive destabilizing migrations, contagious disease spread and proliferation to terrorists and rogue nations culminating in nuclear war
African Studies Centre 3—the Transnational Institute, The Center of Social Studies, Coimbra University, and The Peace Research Center ~http://www.globalpolicy.org/nations/sovereign/failed/2003/12failedcollapsedstates.pdf~~ In the malign scenario of global developments the number of collapsed states would grow significantly AND European states - could be faced with direct attacks on their national security.
Scenario 2 is Brazil
Developing Latin American states model the US CMR on issues of judicial questions—plan deals with terrorism, which sets a positive model
Latin American CMR checks nuclear cooperation efforts in Brazil
Finnochio 2—Chris, Lieutenant in the US Navy ~9/2002, http://www.dtic.mil/dtic/tr/fulltext/u2/a407008.pdf~~ab V. CONCLUSION The Southern Cone developed into a democratic, civilian controlled, economically AND continued economic success through increased ties and continued communication attributable to economic integration.
Ghoshal 13—Debalina, fellow @ the Centre for Air Power Studies ~8/20, http://www.gatestoneinstitute.org/3941/nuclear-brazil~~ab By stating that submarines would be used for defensive roles only, Brazil apparently tries AND of collapsed or ineffective deterrence, easily leads to all-out war.
Observation 3 is Solvency
Congressional creation of a National Security Court is crucial to restore legitimacy and rule of law in detention
Welsh 11 – David, J.D. from University of Utah ~"Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf~~cs In the context of the War on Terror, legitimacy is the critical missing element AND with the unique procedural issues created by a growing number of suspected terrorists.
Goldsmith 9 – Jack, Henry L. Shattuck Professor at Harvard Law School ~Feb 4, "Long-Term Terrorist Detention and Our National Security Court"~cs The national security court might also replace criminal trials by military commission, courts martial, or even ordinary criminal trials in civilian courts. It could serve either as a trial body or an appellate body or conceivably even both. The argument here is that a national security court might be able to achieve some of the legitimacy benefits of an Article III criminal trial while at the same time avoiding the costs
of such trials. So, for example, Congress might be able to give AND the ordinary criminal trial processes where the government should bear ordinary burdens.45
Only Congress can do the plan
Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College ~Fall, "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court," 39 Cal. W. Int’l L.J. 87~cs These proposals deserve careful scrutiny by the public, and particularly by the U. AND National Security Court, and addressing the most prominent criticisms of the concept.
Trials should be every six months and subject to renewal – encourages prosecution and solves indefinite detention
Goldsmith 9 – Jack, Henry L. Shattuck Professor at Harvard Law School ~Feb 4, "Long-Term Terrorist Detention and Our National Security Court"~cs One could argue that there should be no outside limit on the time period available AND when an individual is detained for more than a certain number of years.
Indefinite detention undermines US adherence to the Geneva Conventions
Murphy 7 – Sean, Law Professor at GWU ~"Evolving Geneva Convention Paradigms in the¶ ’War on Terrorism’: Applying the Core Rules to the¶ Release of Persons Deemed ’Unprivileged¶ Combatants’", GW Law Faculty Publications 26 Other Works~cs The general assertion that all detainees at Guantánamo Bay may be detained for the " AND soon as the reasons which necessitated his¶ internment no longer exist."143
Continued US violations justify a world paradigm shift against I-Law norms
Chaffee 9 – David, JD. Advocacy Counsel at Human Rights First ~42 Case W. Res. J. Int’l L. 187, "Dismantling Guantanamo: Facing the Challenges of Continued Detention and Repatriation: The Cost Of Indefinitely Kicking The Can: Why Continued "Prolonged" Detention Is No Solution To Guantanamo"~cs The most oft cited reasons by current and former government officials for closing Guantanamo is AND U.S. diplomatic power and ability to champion human rights abroad.
Reviving obligation to Geneva reverses the signal
Beard 7 – Jack, Lecturer at UCLA and former Deputy General Counsel at the DOD ~"The Geneva Boomerang: The Military Commissions Act of 2006 And US Counterterror operations," The American Journal of International Law~cn At a fundamental level, unilateral revision of the Geneva Conventions by the United States AND that other countries are unlikely to maintain the stringency of their own commitments.
Compliance with detention norms under Geneva shifts public perception of U.S. and restores credibility
Murphy 7 – Sean, Law Professor at GWU ~"Evolving Geneva Convention Paradigms in the¶ ’War on Terrorism’: Applying the Core Rules to the¶ Release of Persons Deemed ’Unprivileged¶ Combatants’", GW Law Faculty Publications 26 Other Works~cs The dominant paradigms of the 1949 Geneva Conventions, which concern either inter-state AND of persons deemed not to be a threat is unlawful and¶ unconscionable.
Strong Geneva Conventions key to preventing CBW development and use
Recent technology advances make bioweapons dangerous
Garrett 11 – Laurie Garrett is senior fellow for global health at the Council on Foreign Relations, recipient of the 1996 Pulitzer Prize for her coverage of the Ebola epidemic in what was then Zaire, and author of I Heard the Sirens Scream: How Americans Responded to the 9/11 and Anthrax Attacks ~12/15, "The Bioterrorist Next Door". http://www.foreignpolicy.com/articles/2011/12/14/the_bioterrorist_next_door?page=0,0-http://www.foreignpolicy.com/articles/2011/12/14/the_bioterrorist_next_door?page=0,0~gw In September, an amiable Dutchman stepped up to the podium at a scientific meeting AND post-2001 anthrax-inspired proliferation of high-security biological laboratories?
Bioweapons cause extinction
Singer 1 – Clifford, professor of nuclear engineering and director of the Program in Arms Control, Disarmament, and International Security ~http://www.acdis.uiuc.edu/research/S26Ps/2001-Sp/S26P_XIII/Singer.htm~~cn There are, however, two technologies currently under development that may pose a more AND connected human family may be in question when and if this is achieved.
Advantage 2 is Credibility
US credibility is collapsing due to detention policy
Welsh 11 – David, J.D. from University of Utah ~"Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf~~cs The Global War on Terror 1 has been ideologically framed as a struggle between the AND this article offers a psychological perspective of legitimacy in the context of detention.
A National Security Court restores our global image – oversight is key
Sulmasy 9 – Glenn, Associate Professor of Law at the US Coast Guard Academy and National ~April 13, "THE NEED FOR A NATIONAL SECURITY COURT SYSTEM"~cs THE WAY FORWARD¶ The President, Secretary Gates and Secretary Rice have all declared AND dedicated to the administration of justice and to upholding the rule of law.
Judicial involvement is key to the credibility of detention decisions
Waxman 9 – Matthew, Professor of Law and Chair of Law and National Seucirty of the Roger Hertog Program ~November, "Legislating the War on Terror: An Agenda for Reform"~cs Judicial review can help safeguard liberty and enhance the credibility at home and abroad of AND to contest what with the assistance of counsel? Transparent determinations of what?
Restoring relationships with allies will be key to co’op on disease and warming
Ikenberry 11 – John. G., Albert G. Milbank Professor of Politics and International Affairs at Princeton ~Spring, http://www.democracyjournal.org/20/a-world-of-our-making.php?page=all~~cs Grand Strategy as Liberal Order Building American dominance of the global system will eventually yield AND liberal order building, it can begin the process of gaining it back.
Warming turns and magnifies their impacts
Burke 8 – Sharon, Senior Fellow and Director of the Energy Security Project at the Center for New American Security ~Climatic Cataclysm: The Foreign Policy and National Security Implications of Climate Change, GoogleBooks, pp. 157-161~cn At the same time, however, the implications of both trends for human society AND , Central America, the Caribbean, South America, and Southeast Asia.
Diseases cause extinction
Quammen 12 – David, Science writer, columnist for Outside magazine for 15 years, worked with various other magazines ~9/29, "Could the next big animal-to-human disease wipe us out?," The Guardian~cs Infectious disease is all around us. It’s one of the basic processes that ecologists AND collapses? One possible factor is infectious disease, and viruses in particular.
American institutional credibility is key to heg – exec-flex arguments are wrong
Knowles 9 – Robert, NYU Law School ~Spring, "Article: American Hegemony and the Foreign Affairs Constitution", 41 Ariz. St. L.J. 87, Lexis~cs The hegemonic model also reduces the need for executive branch flexibility, and the institutional AND courts to reduce the "deference gap" between foreign and domestic cases.
Material power’s irrelevant – lack of legitimacy makes heg ineffective
Mendelsohn 10 – Barak, assistant professor of political science at Haverford College and fellow at June, "The Question of International Cooperation in the War on Terrorism", http://www.fpri.org/enotes/201006.mendelsohn.cooperationwarterror.html~~cs Going against common conceptions, I argue that the United States sought to advance more AND This process constrains the hegemon’s actions and prevents the uninhibited exercise of power.
Hegemony is key to prevent global security competitions – key to solve nuclear great power wars
Brooks, Ikenberry, and Wohlforth 13 – Stephen G. Brooks is Associate Professor of Government at Dartmouth, G. John Ikenberry is the Albert G. Milbank Professor of Politics and International Affairs at Princeton University in the Department of Politics and the Woodrow Wilson School of Public and International Affairs, Global Eminence Scholar at Kyung Hee University, and William C. Wohlforth, Daniel Webster Professor in the Department of Government at Dartmouth ~"Don’t Come Home, America: The Case Against Retrenchment, International Security, Vol. 37, No. 3 (Winter 2012/13), pp. 7–51, http://belfercenter.ksg.harvard.edu/files/IS3703_Brooks20Wohlforth20Ikenberry.pdf~~gw A core premise of deep engagement is that it prevents the emergence of a far AND Moreover, switching between offshore and onshore balancing could well be dif ficult.
Plan
The United States Congress should establish an Article III National Security Court with exclusive jurisdiction over the United States’ indefinite detention policy, specifically individuals detained pursuant to P.L. 107-40. Congress should mandate that all such individuals be expediently tried or released.
Solvency
Congressional creation of a National Security Court is crucial to restore legitimacy and rule of law in detention
Welsh 11 – David, J.D. from University of Utah ~"Procedural Justice Post-9/11: The Effects of Procedurally Unfair Treatment of Detainees on Perceptions of Global Legitimacy", http://law.unh.edu/assets/images/uploads/publications/unh-law-review-vol-09-no2-welsh.pdf~~cs In the context of the War on Terror, legitimacy is the critical missing element AND with the unique procedural issues created by a growing number of suspected terrorists.
Goldsmith 9 – Jack, Henry L. Shattuck Professor at Harvard Law School ~Feb 4, "Long-Term Terrorist Detention and Our National Security Court"~cs The national security court might also replace criminal trials by military commission, courts martial AND the ordinary criminal trial processes where the government should bear ordinary burdens.45
Only Congress can do the plan
Lunday 8 – Kevin E., Captain and judge advocate in the U.S. Coast Guard, with Harvey Rishikof, professor of law and former chair of the Department of National Security Strategy, National War College ~Fall, "Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court," 39 Cal. W. Int’l L.J. 87~cs These proposals deserve careful scrutiny by the public, and particularly by the U. AND National Security Court, and addressing the most prominent criticisms of the concept.
US judiciary policies on questions of detention are modelled globally—questions of executive power are uniquely influential
CJA 3—Center for Justice and Accountability ~http://jenner.com/system/assets/assets/5567/original/AmiciCuriae_Center_for_Justice_Int_League_Human_Rights_Adv_For_Indep_Judiciary2.pdf?1323207521-http://jenner.com/system/assets/assets/5567/original/AmiciCuriae_Center_for_Justice_Int_League_Human_Rights_Adv_For_Indep_Judiciary2.pdf?1323207521~~ab Other Nations Have Curtailed Judicial Review During Times Of Crisis, Often Citing the United States’ Example, And Individual Freedoms Have Diminished As A Result. While much of the world is moving to adopt the institutions necessary to secure individual rights, many still regularly abuse these rights. One of the hallmarks of tyranny is the lack of a strong and independent judiciary. Not surprisingly, where countries make the sad transition to tyranny, one of the first victims is the judiciary. Many of the rulers that go down that road justify their actions on the basis of national security and the fight against terrorism, and, disturbingly, many claim to be modeling their actions on the United States. Again, a few examples illustrate this trend. In Peru, one of former President Alberto Fujimori’s first acts in seizing control was to assume direct executive control of the judiciary, claiming that it was justified by the threat of domestic terrorism. He then imprisoned thousands, refusing the right of the judiciary to intervene. International Commission of Jurists, Attacks on Justice 2000-Peru, August 13, 2001, available at http://www.icj.org/news.php3?id_article=258726lang=en (last visited Jan. 8, 2004). In Zimbabwe, President Mugabe’s rise to dictatorship has been punctuated by threats of violence to and the co-opting of the judiciary. He now enjoys virtually total control over Zimbabweans’ individual rights and the entire political system. R.W. Johnson, Mugabe’s Agents in Plot to Kill Opposition Chief, Sunday Times (London), June 10, 2001; International Commission of Jurists, Attacks on Justice 2002— Zimbabwe, August 27, 2002, available at http://www.icj.org/news.php3?id_article=269526lang=en (last visited Jan. 8, 2004). While Peru and Zimbabwe represent an extreme, the independence of the judiciary is under assault in less brazen ways in a variety of countries today. A highly troubling aspect of this trend is the fact that in many of these instances those perpetuating the assaults on the judiciary have pointed to the United States’ model to justify their actions. Indeed, many have specifically referenced the United States’ actions in detaining persons in Guantánamo Bay. For example, Rais Yatim, Malaysia’s "de facto law minister" explicitly relied on the detentions at Guantánamo to justify Malaysia’s detention of more than 70 suspected Islamic militants for over two years. Rais stated that Malyasia’s detentions were "just like the process in Guantánamo," adding, "I put the equation with Guantánamo just to make it graphic to you that this is not simply a Malaysian style of doing things." Sean Yoong, "Malaysia Slams Criticism of Security Law Allowing Detention Without Trial," Associated Press, September 9, 2003 (available from Westlaw at 9/9/03 APWIRES 09:34:00). Similarly, when responding to a United States Government human rights report that listed rights violations in Namibia, Namibia’s Information Permanent Secretary Mocks Shivute cited the Guantánamo Bay detentions, claiming that "the US government was the worst human rights violator in the world." BBC Monitoring, March 8, 2002, available at 2002 WL 15938703. Nor is this disturbing trend limited to these specific examples. At a recent conference held at the Carter Center in Atlanta, President Carter, specifically citing the Guantánamo Bay detentions, noted that the erosion of civil liberties in the United States has "given a blank check to nations who are inclined to violate human rights already." Doug Gross, "Carter: U.S. human rights missteps embolden foreign dictators," Associated Press Newswires, November 12, 2003 (available from Westlaw at 11/12/03 APWIRES 00:30:26). At the same conference, Professor Saad Ibrahim of the American University in Cairo (who was jailed for seven years after exposing fraud in the Egyptian election process) said, "Every dictator in the world is using what the United States has done under the Patriot Act . . . to justify their past violations of human rights and to declare a license to continue to violate human rights." Id. Likewise, Shehu Sani, president of the Kaduna, Nigeriabased Civil Rights Congress, wrote in the International Herald Tribune on September 15, 2003 that "~t~he insistence by the Bush administration on keeping Taliban and Al Quaeda captives in indefinite detention in Guantánamo Bay, Cuba, instead of in jails in the United States — and the White House’s preference for military tribunals over regular courts — helps create a free license for tyranny in Africa. It helps justify Egypt’s move to detain human rights campaigners as threats to national security, and does the same for similar measures by the governments of Ivory Coast, Cameroon and Burkina Faso." Available at http://www.iht.com/ihtsearch.php?id=10992726owner=(IHT)26dat e=20030121123259. In our uni-polar world, the United States obviously sets an important example on these issues. As reflected in the foundational documents of the United Nations and many other such agreements, the international community has consistently affirmed the value of an independent judiciary to the defense of universally recognized human rights. In the crucible of actual practice within nations, many have looked to the United States model when developing independent judiciaries with the ability to check executive power in the defense of individual rights. Yet others have justified abuses by reference to the conduct of the United States. Far more influential than the words of Montesquieu and Madison are the actions of the United States. This case starkly presents the question of which model this Court will set for the world. This case starkly presents the question of which model this Court will set for the world. CONCLUSION Much of the world models itself after this country’s two hundred year old traditions — and still more on its day to day implementation and expression of those traditions. To say that a refusal to exercise jurisdiction in this case will have global implications is not mere rhetoric. Resting on this Court’s decision is not only the necessary role this Court has ¶ historically played in this country. Also at stake are the freedoms that many in emerging democracies around the globe seek to ensure for their peoples.
Empirically proven—US judicial decisions are modeled
Goldbach et al 13— Toby S. Goldbach, B.A., LL.M. is a candidate for the Doctor of the Science of Law(J.S.D.) at Cornell University Law School and was the Rudolf B. Schlesinger ResearchFellow for 2011-2012; Benjamin Brake is a foreign affairs officer at the U.S. Department of State; Peter J. Katzenstein is the Walter S. Carpenter, Jr. Professor of International Studies at Cornell University. ~"The Movement of U.S. Criminal andAdministrative Law: Processes of Transplantingand Translating", JSTOR~ab The transplanting of foreign laws by some countries, however, reveals a transplant bias AND media, n50 formalism of judicial procedures, n51 and judicial independence. n52
Specifically, Latin America models US detention policies – plan is key to Latin American CMR
Latin American CMR checks nuclear cooperation efforts in Brazil
Finnochio 2—Chris, Lieutenant in the US Navy ~9/2002, http://www.dtic.mil/dtic/tr/fulltext/u2/a407008.pdf~~ab V. CONCLUSION The Southern Cone developed into a democratic, civilian controlled, economically AND continued economic success through increased ties and continued communication attributable to economic integration.
Ghoshal 13—Debalina, fellow @ the Centre for Air Power Studies ~8/20, http://www.gatestoneinstitute.org/3941/nuclear-brazil~~ab By stating that submarines would be used for defensive roles only, Brazil apparently tries AND of collapsed or ineffective deterrence, easily leads to all-out war.
Plan serves as a model that prevents regime crackdown on political dissidents—detention policy key
Waxman 9—Matthew, Prof of Law, Roger Hertog Program on Law and National Security ~Legislating the War on Terror: An Agenda for Reform, p. 58~ab Opponents and skeptics of administrative detention rightly point out that creating new mechanisms for detention AND on dissidents that they label "terrorists" or "national security threats."
Imminent Chinese crackdowns on Uighurs magnifies their efforts and risk Asian war
Davis 8—Elizabeth, prof of international studies @ Colorado School of Mines ~Ruling, Resources and Religion in China, p.94~ab Alternative Futures¶ The scenario most worrisome to the Chinese would be the Uyghur Muslim AND a fragmenting China. Political instability in China would impact all of Asia.
Asian war goes nuclear—institutions don’t check
Empirically proven—US judicial decisions are modeled
Goldbach et al 13— Toby S. Goldbach, B.A., LL.M. is a candidate for the Doctor of the Science of Law(J.S.D.) at Cornell University Law School and was the Rudolf B. Schlesinger ResearchFellow for 2011-2012; Benjamin Brake is a foreign affairs officer at the U.S. Department of State; Peter J. Katzenstein is the Walter S. Carpenter, Jr. Professor of International Studies at Cornell University. ~"The Movement of U.S. Criminal andAdministrative Law: Processes of Transplantingand Translating", JSTOR~ab The transplanting of foreign laws by some countries, however, reveals a transplant bias AND media, n50 formalism of judicial procedures, n51 and judicial independence. n52
Two Scenarios
1. Latin America models US detention policies – plan is key to Latin American CMR
Latin American CMR checks nuclear cooperation efforts in Brazil
Finnochio 2—Chris, Lieutenant in the US Navy ~9/2002, http://www.dtic.mil/dtic/tr/fulltext/u2/a407008.pdf~~ab V. CONCLUSION The Southern Cone developed into a democratic, civilian controlled, economically AND the pace at which Brazil accepted cooperative security initiatives compared to Argentina. 61
Brazil prolif independently causes war and forces regional arms race
Ghoshal 13—Debalina, fellow @ the Centre for Air Power Studies ~8/20, http://www.gatestoneinstitute.org/3941/nuclear-brazil~~ab By stating that submarines would be used for defensive roles only, Brazil apparently tries AND of collapsed or ineffective deterrence, easily leads to all-out war.
Latin American arms race goes nuclear and triggers a great power war
MIT 9 – cites Licio da Silva: Astrophysicist at the Observatorio Nacional de RÃo de Janeiro, Brasil; and Carlos Portales: Director of the Program on International Organizations, Law and Diplomacy at the Washington Center for Law at American University (Massachusetts Institute of Technology, "The ABC’s of Nuclear Disarmament in Latin America", MIT OpenCourseWare, Spring 2009, http://ocw.mit.edu/courses/political-science/17-951-nuclear-weapons-in-international-politics-past-present-and-future-spring-2009/projects/MIT17_951S09_abcs.pdf)rm There are several resources that indicate that Latin American political scientists were worried about the AND a very hard time surviving if there existed no trust between the nations.
2. African modeling is key to rule of law—checks back increasing political stability
African rule of law prevents emergence of zoonotic diseases
Aluwong 10—Tagang, lecturer in department of veterinary public health and preventive medicine at Ahmadu Bello University ~http://www.te.izs.it/vet_italiana/2010/46_2/137.pdf~~ab Emerging diseases can occur anywhere in the world and the consequences can be severe. AND resources and the development of a global intersectoral approach in tackling zoonotic threats.
Disease spreads cause extinction—evolution means no burnout
Greger 8—Michael, M.D, director of public health @ The Humane Society of the US ~http://birdflubook.com/a.php?id=111~~ab Senate Majority Leader Frist describes the recent slew of emerging diseases in almost biblical terms AND "might easily transmute into a tune whistled whilst passing a graveyard."3154
