Tournament: GSU | Round: 1 | Opponent: Wayne State LM | Judge: Jillian Marty
1AC
Afghanistan
Advantage 1 is Afghanistan –
Afghanistan is implementing indefinite detention policies modeled off the US now
Rodgers 12 (Chris Rogers is a human rights lawyer for the Open Society Foundations specializing in human rights and conflict in Afghanistan and Pakistan, May 14, “Karzaiand#39;s bid for a dictatorial detention law”, http://afpak.foreignpolicy.com/posts/2012/05/14/karzais_bid_for_a_dictatorial_detention_law)
As part of the agreement to transfer control of Bagram, the Afghan government is
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responsibly ending the war in Afghanistan requires defending, not betraying this principle.

Afghanistan models US detention policy – Dooms the Afghan justice system and faith in the Rule of Law
ICG 10 (International Crisis Group, November 17, “REFORMING AFGHANISTAN’S BROKEN JUDICIARY”, http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)
U.S. detention policy has frequently been cited by Afghan  and international legal
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240 This and other issues should be clarified before the transition in 2011. 

Starting with the US is key – Solves Rule of Law credibility and the Afghan Justice System
Eviatar 12 (Daphne Eviatar  Law and Security Program Human Rights First, 1-9, “The Latest Skirmish in Afghanistan: Hate to Say We Told You So”, http://www.humanrightsfirst.org/2012/01/09/the-latest-skirmish-in-afghanistan-hate-to-say-we-told-you-so/)
Responsibility begins with due process. As we wrote in our report in May,
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to start providing real justice to the thousands of prisoners in its custody.

Strong Afghan judiciary key to post-drawdown strategy
ICG 10 (International Crisis Group, November 17, “REFORMING AFGHANISTAN’S BROKEN JUDICIARY”, http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/19520Reforming20Afghanistans20Broken20Judiciary.ashx)
A substantial course correction is needed to restore the  rule of law in Afghanistan.
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control of detention facilities is smooth, transparent and adheres to international law.

That’s key to long-term stability
The Nation 9 (Nov. 11, 2009, http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/International/11-Nov-2009/UN-body-urges-Karzai-to-fight-corruption)
UNITED NATIONS - The UN General Assembly has urged the government of re-elected
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Equally important was building the civilian institutions at the central and subnational levels.

Post-drawdown Afghan state collapse leads to nuclear war
Cronin 13 (Audrey Kurth Cronin is Professor of Public Policy at George Mason University and author of How Terrorism Ends and Great Power Politics and the Struggle over Austria. Thinking Long on Afghanistan: Could it be Neutralized? Center for Strategic and International Studies The Washington Quarterly • 36:1 pp. 55_72 http://dx.doi.org/10.1080/0163660X.2013.751650)
With ISAF withdrawal inevitable, a sea change is already underway: the question is
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except this time the outcome could be not just terrorism but nuclear war.

Multiple scenarios for escalation of conflict in Afghanistan
Miller 12 (Paul D. Miller, Paul D. Miller served as director for Afghanistan on the National Security Council staff under Presidents Bush and Obama. He is an assistant professor of International Security Affairs at the National Defense University and director for the Afghanistan-Pakistan program at the College of International Security Affairs, World Affairs Journal, “It’s Not Just Al-Qaeda: Stability in the Most Dangerous Region”, http://www.worldaffairsjournal.org/article/itE28099s-not-just-al-qaeda-stability-most-dangerous-region, March/April 2012)
Neither President Barack Obama nor the Republicans competing to run against him are eager to
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in Afghanistan. Defeating them is a vital interest of the United States.

Deference
Advantage 2 is Deference –
Supreme Court silence on detention authority causes judicial abstention on national security issues
Vaughns 13 (B.A. (Political Science), J.D., University of California, Berkeley, School of Law. Professor of Law, University of Maryland Francis King Carey School of Law.Of Civil Wrongs and Rights: Kiyemba v. Obama and the Meaning of Freedom, Separation of Powers, and the Rule of Law Ten Years After 9/11 ASIAN AMERICAN LAW JOURNAL Volume 20:7)
After being reversed three times in a row in Rasul, Hamdan, and then
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external influences on the court that resulted in that feeling of judicial futility.

Ruling on the Suspension clause gives a clear source of judicial review in military decisions- only method for precedent-setting
Garrett 12 (Brandon, Roy L. and Rosamund Woodruff Morgan Professor of Law, University of Virginia School of Law. HABEAS CORPUS AND DUE PROCESSCORNELL LAW REVIEW Vol. 98:47 page lexis)
The relationship between the Suspension Clause and the Due Process Clause has sweeping implications for
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to rely on.34 This Article tries to untangle this important knot.

Judicial abstention props up military adventurism and illegal arms sales
Scales and Spitz 12 (Ann Scales, prof at U Denver law school. Laura Spitz, prof at U Colorado Law School. The Jurisprudence of the Military-Industrial ComplexSeattle Journal for Social Justice Volume 1 | Issue 3 Article 51 10-11-2012)
First, our nation’s history and legitimacy rest upon a separation of military power from
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—including the use of nuclear weapons—are always on the table.

Presidential adventurism causes nuclear war
Symonds 13 Peter, leading staff writer for the World Socialist Web Site and a member of its International Editorial Board. He has written extensively on Middle Eastern and Asian politics, contributing articles on developments in a wide range of countries, “Obama’s “playbook” and the threat of nuclear war in Asia,” http://www.wsws.org/en/articles/2013/04/05/pers-a05.html
The Obama administration has engaged in reckless provocations against North Korea over the past month
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bring the US and China head to head in a catastrophic nuclear conflict.

Arms sales increase the probability of regional conflict and leads to US-Russia-China escalation
Klare 13 (Michael Klare is a professor of peace and world security studies at Hampshire College The Booming Global Arms Trade Is Creating a New Cold War http://www.motherjones.com/politics/2013/05/global-arms-trade-new-cold-war)
These are just some examples of recent arms deals (or ones under discussion)
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that those who donand#39;t learn from history are destined to repeat it?

US-Russia miscalculation causes extinction
Barrett et al. 13 (Anthony M. Barrett- Global Catastrophic Risk Institute, Seth D. Baum- Center for Research on Environmental Decisions, Columbia University, Kelly R. Hostetler- Department of Geography, Pennsylvania State University, 2013, “Analyzing and Reducing the Risks of Inadvertent Nuclear War Between the United States and Russia”, http://sethbaum.com/ac/fc_NuclearWar.pdf)
War involving significant fractions of the U.S. and Russian nuclear arsenals,
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likely to misinterpret events as attacks. 60,61,62,63

Nuclear conflict with China is an EXISTENTIAL risk – causes nuclear winter
Wittner 11 (11/30/11 Dr. Lawrence, Prof of History Emeritus at SUNY Albany, “Is a Nuclear War with China Possible?”)
But what would that and#34;victoryand#34; entail? An attack with these Chinese nuclear
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modernizingand#34; its nuclear weapons and nuclear production facilities over the next decade. 

Arms sales rapidly escalate Middle East war
Cunningham 12 (Erin, Erin Cunningham is GlobalPost’s editor for the Middle East, Africa, Afghanistan and Pakistan. Erin has reported from the Middle East, South Asia and the Balkans for five years, covering Kosovoand#39;s independence, the military surge in Afghanistan, protests in Cairoand#39;s Tahrir Square, the first democratic elections in Tunisia, and Israeli military operations in Gaza. Small arms fuel Middle East conflicts http://www.globalpost.com/dispatch/news/regions/middle-east/121128/small-arms-middle-east-conflict-weapons)
From Libya to Syria, Yemen and the Gaza Strip, everything from shotguns and
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breakdown of infrastructure and services increases perceptions of insecurity — and intensifies violence.

Middle East wars cause extinction
Russell, 9 (James A. Russell, Senior Lecturer, National Security Affairs, Naval Postgraduate School, ‘9 (Spring)
“Strategic Stability Reconsidered: Prospects for Escalation and Nuclear War in the Middle East” IFRI, Proliferation Papers, #26, http://www.ifri.org/downloads/PP26_Russell_2009.pdf__)
Strategic stability in the region is thus undermined by various factors: (1)
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the peoples of the region, with substantial risk for the entire world.

Plan
Thus the plan: The United States federal judiciary should apply a clear statement principle to the indefinite detention war power authority of President of the United States on the grounds that executive indefinite detention violates the Suspension Clause.

Solvency
Clear statement principle application is key – AUMF vagueness means only Court action solves
Erickson-Muschko 13 – JD @ Georgetown University Law Center (Sarah, June, “Beyond Individual Status: The Clear Statement Rule and the Scope of the AUMF Detention Authority in the United States” 101 Geo. L.J. 1399, Lexis)
III. EXISTING SCHOLARSHIP ON THE CLEAR STATEMENT RULE: THE FOCUS ON INDIVIDUAL STATUS
Many scholars have advanced arguments regarding the application of a clear statement principle to the
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entrusted with the guardianship of the Constitution and laws.and#34; 168

Plan spills over to lower courts and sends a signal – Prerequisite to congressional policy and solves circumvention
Garrett 12 – Law Prof @ University of Virginia School of Law (Brandon, HABEAS CORPUS AND DUE PROCESSCORNELL LAW REVIEW Vol. 98:47 page lexis)
The Suspension Clause casts a broad shadow over the regulation of all forms of detention
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an effort to steer clear of Suspension Clause problems, with mixed results.

Judicial silence on habeas corpus makes indefinite detention inevitable from lower court rulings – Triggers your disads
Sparrow 11 (Indefinite Detention After Boumediene: Judicial Trailblazing in Uncharted and Unfamiliar Territory SUFFOLK UNIVERSITY LAW REVIEW Vol. XLIV:261 p lexis Tyler Sparrow is an associate in the Securities Department, and a member of the Litigation and Enforcement Practice Group
This section will argue that the current guidance on detainee habeas corpus actions offered by
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not seek further legislation from Congress to justify or clarify its detention authority.
107 This lack of guidance has led to disparate results in detainee habeas corpus actions
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, and the reliability of hearsay evidence and statements made under coercion.114

Tournament: GSU | Round: 3 | Opponent: Liberty BM | Judge: Austin Layton
Circumvention happens because of a lack of a clear statement – Plan solves
Meltzer 8 – Law prof @ Harvard (Daniel J, “Habeas Corpus, Suspension, and Guantánamo: The Boumediene Decision,” The Supreme Court Review, Vol 2008, No. 1, University of Chicago Press) 9/19/13 *MCA = Military Commissions Act of 2006
That was the state of play on the... intended seems well founded.

Tournament: GSU | Round: 6 | Opponent: Indiana FH | Judge: Christopher Vincent
Current Supreme Court silence on detention authority creates a troubling precedent judicial abstention on national security issues – That drives militarism
Vaughns 13 (B.A. (Political Science), J.D., University of California, Berkeley, School of Law. Professor of Law, University of Maryland Francis King Carey School of Law.Of Civil Wrongs and Rights: Kiyemba v. Obama and the Meaning of Freedom, Separation of Powers, and the Rule of Law Ten Years After 9/11 ASIAN AMERICAN LAW JOURNAL Volume 20:7)
After being reversed three times ... that feeling of judicial futility.

To break this judicial silence, we propose:
The United States federal judiciary should apply a clear statement principle to the indefinite detention war power authority of President of the United States on the grounds that executive indefinite detention violates the Suspension Clause.

The plan gives a clear source of judicial review in military decisions – Breaks current precedent and means the president no longer has carte blanche to use his War Powers in ways that continue militarism
Garrett 12 (Brandon, Roy L. and Rosamund Woodruff Morgan Professor of Law, University of Virginia School of Law. HABEAS CORPUS AND DUE PROCESSCORNELL LAW REVIEW Vol. 98:47 page lexis)
The relationship between the ... to untangle this important knot.

This mode of thinking creates a kill to save mentality that justifies the worst atrocities complying with this will lead to extinction. Only a nonviolent approach can solve
Santos 3, (Boaventura, Direct of Social Studies @ the University of Coimbra 2003,"Collective Suicide"http://www.ces.uc.pt/opiniao/bss/072en.php) CM
According to Franz Hinkelammert, the West... axis of evil: neoliberalism plus war

Militarism also allows for structural violence and loss of individual responsibility – In order to combat violence, we have to rethinking our understanding of militarism
Cuomo 96 (Chris J. Professor of Philosophy at the University of Cincinnati, "War Is Not Just an Event: Reflections on the Significance of Everyday Violence,” Hypatia, Volume 11, Number 4, Fall, Available Online to Subscribing Institutions via JSTOR, p. 30-31)
Ethical approaches that do not attend ... to have hope for the future. 

Plan spills over to lower courts and sends a signal – Prerequisite to congressional policy
Garrett 12 – Law Prof @ University of Virginia School of Law (Brandon, HABEAS CORPUS AND DUE PROCESSCORNELL LAW REVIEW Vol. 98:47 page lexis)
The Suspension Clause casts a broad ... problems, with mixed results.

Judicial silence on habeas corpus makes indefinite detention inevitable from lower court rulings – Triggers your disads
Sparrow 11 (Indefinite Detention After Boumediene: Judicial Trailblazing in Uncharted and Unfamiliar Territory SUFFOLK UNIVERSITY LAW REVIEW Vol. XLIV:261 p lexis Tyler Sparrow is an associate in the Securities Department, and a member of the Litigation and Enforcement Practice Group
This section will argue that the current ..., and unappreciated role standing alone.

Tournament: Navy | Round: 8 | Opponent: GMU KL | Judge: Terrell Taylor
Advantage Two
Advantage two is Venezuela - 

US detention policy makes successful pressure of Venezuela through the OAS impossible
Bosworth 13 (James, Former Associate for Communications at The Inter-American Dialogue and Director of Research at The Rendon Group, Consultant at the Woodrow Wilson International Center for Scholars, “Protecting the IACHR, now make it stronger,” 3-25-13, http://www.bloggingsbyboz.com/2013/03/protecting-iachr-now-make-it-stronger.html) 

Last Friday, the OAS voted to reform the Inter-American Commission on Human
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- Guantanamo and immigrant detention conditions - would be great places to start.

OAS review is critical to Venezuelan judicial stability- now is key
The Economist 13 (“Latin America’s Venezuela problem: Ostrich diplomacy, Venezuela’s neighbours studiously ignore the crisis unfolding next door,” 6-8-13, http://www.economist.com/news/americas/21579067-venezuelas-neighbours-studiously-ignore-crisis-unfolding-next-door-ostrich-diplomacy/) 

FOR Latin American presidents of all political persuasions, a knock on the door from
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prove a short-sighted policy, as well as a shameful one. 

Judicial independence is a prerequisite to stability- signal of internal executive review fails
Provea 13 (Venezuelan Program of Education and Action on Human Rights, “The political use of the Venezuelan judicial system,” Venezuela: International Bulletin on Human Rights Issue No. 5, August 13,  http://www.derechos.org.ve/pw/wp-content/uploads/boletin_05_eng.pdf) 

“In recent years, the Commission has heard of cases in which members of
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rights defenders in Venezuela, prosecute peaceful social protest and prosecute political dissidents.”

Venezuelan stability creates a new oil market- ends Arctic development
Weafer 13 (Chris Weafer is chief strategist at Sberbank Investment Research, BBC Monitoring Former Soviet Union – Political, “No business as usual for Russia in Venezuela – paper,” 3-12-13, Supplied by BBC Worldwide Monitoring) 

Despite assurances from government officials in Caracas that it will be business as usual after
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real reason Russian officials shed a few tears at Chavez's funeral on Friday.

Escalating oil developments causes US-Russia nuclear war
Talmadge 12 (Eric – AP, Huffington Post, “Arctic Climate Change Opening Region To New Military Activity’, 4/16, http://www.huffingtonpost.com/2012/04/16/arctic-climate-change-military-activity_n_1427565.html)
To the world's military leaders, the debate over climate change is long over.
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The U.S. is currently mulling whether to add more icebreakers.

Magnitude of escalation in the Arctic is correlated to how much economic development occurs- try or die for the aff
Wallace and Staples 10 (Michael Wallace and Steven Staples. *Professor Emeritus at the University of British Columbia and President of the Rideau Institute in Ottawa
“Ridding the Arctic of Nuclear Weapons: A Task Long Overdue,”http:www.arcticsecurity.org/docs/arctic-nuclear-report-web.pdf)

The fact is, the Arctic is becoming a zone of increased military competition.
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-political/economic significance of the Arctic because of climate change.” 62

Prefer the terminal impact- only existential scenario
Bostrom 02 - Professor of Philosophy and Global Studies at Yale (Nick, "Existential Risks: Analyzing Human Extinction Scenarios  and Related Hazards," 38,  www.transhumanist.com/volume9/risks.html)

A much greater existential risk emerged with the build-up of nuclear arsenals in
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existential risk, since it would not destroy or thwart humankind’s potential permanently.