Tournament: JMU | Round: 1 | Opponent: All | Judge: All
Inherency

A new congressional detention statute is necessary to guide the executive and the courts

Colby P. Horowitz*2013
http://fordhamlawreview.org/assets/pdfs/Vol_81/Horowitz_April.pdf-http://fordhamlawreview.org/assets/pdfs/Vol_81/Horowitz_April.pdf CREATING A MORE MEANINGFUL ¶ DETENTION STATUTE: LESSONS LEARNED ¶ FROM HEDGES V. OBAMA J.D. Candidate, 2014, Fordham University School of Law. Captain, U.S. Army, ¶ participating in the Funded Legal Education Program¶
Congress has an important role in determining the scope of the¶ President’s war powers
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¶ provide clear and meaningful guidance to both the President and the courts.

Plan Text

The United States Congress should immediately require that all persons captured by the United States in AUMF affiliated groups be afforded due process rights through trial in US Federal Courts guaranteed under the United States constitution. Congress should also allow the repatriation of any and all persons after their trial and/or serving their sentence.

Advantage 1: Biopolitics

Prisoners in Guantanamo Bay undertook a hunger strike to protest indefinite detention and torture

Worthington 2013 (Andy, "From Guantánamo, Hunger Striker Abdelhadi Faraj Describes the Agony of Force-Feeding" July 18^th. http://www.worldcantwait.net/index.php/torture/8320-from-guantanamo-hunger-striker-abdelhadi-faraj-describes-the-agony-of-force-feeding) 

Although I’ve been very busy for the last few months with a steady stream of
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, moreover, is one of the 46 men being force-fed.

The prisoner hunger strike at Guantanamo Bay is a political protest-far from being a suicide quest as many Western narratives report-these prisoners endure torture daily as call for due process

DiBaise 8/13 An ethical quandary: Forced feeding of detainees: associate clinical professor in the department of physician assistant studies at Northern Arizona University in Phoenix
Michelle DiBaise, MPAS, PA-C, DFAAPA 

The United States has labeled the detainees as unlawful combatants as opposed to prisoners of
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form of torture and a breach of the Geneva Convention.2,4

====Forcible feeding of mentally competent hunger strikers is unethical, violates World Medical Association decree   ====
George J. Annas, J.D., M.P.H., Sondra S. Crosby, M.D., and Leonard H. Glantz, J.D. 7/13
N Engl J Med 2013; 369:101-103July 11, 2013-http://www.nejm.org/toc/nejm/369/2/DOI: 10.1056/NEJMp1306065 Guantanamo Bay: A Medical Ethics–free Zone? From the Department of Health Law, Bioethics, and Human Rights, Boston University School of Public Health, and the Department of Medicine, Boston University School of Medicine, Boston.

The ethics standard regarding physician involvement in hunger strikes was probably best articulated by the
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strikers than they can ethically conduct research on competent humans without informed consent.

This round represents an opportunity to challenge the way the sovereign views the human body as a subject to be tortured and controlled.  By establishing the body as the center of meaning agency, we can begin theorize the complex nature and precariousness of bodies and their role in state power.

Wilcox 12 Lauren 10/20/12 (University Lecturer in Gender Studies, Deputy Director of the Centre for Gender Studies, University of Cambridge, UK, Charles and Amy Scharf Post-Doctoral Research Fellow  Johns Hopkins University. Department of Political Science Ph.D.  Political Science. University of Minnesota, Minneapolis, MN. 2011 Subfields: International Relations and Political Theory. Graduate minor in Feminist Studies. Dissertation Title: The Body of International Relations "What the Body Does: Theorizing Hunger Striking and Embodied Agency in International Relations"

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    The hunger strike and other bodily practices such as the ’Dirty Protest’ reveal the
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    understanding of bodily experiences by reducing them to interactions within a singular body.

The violence that goes on in CIA operated shadow site facilities produce an ethnic frame that justifies the unlivable conditions imposed upon the detainee. for the detainee, securing our vulnerability only serves the purpose in increasing the precarity of the other. The plan is a pre-requisite to accepting our vulnerability and equally grieving the "other"

Butler 04 (Judith, professor in the Rhetoric-http://en.wikipedia.org/wiki/Rhetoric and Comparative Literature-http://en.wikipedia.org/wiki/Comparative_Literature departments at the University of California, Berkeley-http://en.wikipedia.org/wiki/University_of_California,_Berkeley, Butler received her Ph.D. in philosophy from Yale University-http://en.wikipedia.org/wiki/Yale_University Precarious Life: The Powers of Mourning and Violence,  2004) 

"Indefinite Detention" considers the political implications of those normative conceptions of the human
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freedom of association that have been central to conceptions of democratic political life.

The precarity of the other enables wholesale slaughters in the name of life, culminating in genocide and nuclear war creating unethical social standards

Foucault 78 ~Michel, Prof of Philosophy, The History of Sexuality: Vol
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the species, the race, and the large-scale phenomena of population

Advantage 2: Torture

Torture is a systematic oppression that kills agency and value to life. It’s a technique of perpetual dying.

Wolfgang 1999 (German Philosopher, Anthropologist- professor at Universities of Gottingen 26 Erfurt. ~Sofsky, "The endurance of impotence: The dynamics of persecutory violence," International Psychoanalysis Newsletter,)

The prisoners will be incarcerated or put into camps and, not rarely, are
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cosmos at the border of the social world, a universum of unparalleled destructivity

The violence evident at politicized secret sites prisons such as Guantanamo Bay, Abu Grhaib, and Bagram prison is the ultimate commodification of pain. Secret Sites operate within the framework of the exchange economy where the state chooses to withhold from imminent violence in return for "high value information". This therefore allows for the encouragement of torture in detention facilities

Joseph Pugliese 2013
state violence and the execution of Law biopolitical casurawe of torture black sites drones law and the postcolonial Associate Professor Joseph Pugliese is Research Director of the Department of Media, Music, Communication and Cultural Studies. He is also Deputy Director of the Somatechnics Research Centre at Macquarie UniversityDLB

Across the corpus of official texts - memos, legal briefs and doctrines - produced
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that can be mined and exploited for ’high value’ information or data.

Torture is the sensory equivalent of death, where as in war there is a moment in time where death occurs this is not true for the tortured they remain as indefinite participants of a mock execution awaiting execution

Elaine Scarry 85¶
 OXFORD UNIVERSITY PRESS¶ New York¶ The Body in Pain¶ THE MAKING AND UNMAKING¶ OF THE WORLD  professor of English and American Literature and Language, is the Walter M. Cabot Professor of Aesthetics and the General Theory of Value at Harvard University.

TORTURE is such an extreme event that it seems inappropriate to generalize¶ from it
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sheer¶ material weight of the multitudes of damaged and opened human bodies.

Solvency

Congress Key, executive war powers need to have clear legal definitions to provide guidance for the courts and the President.

Colby P. Horowitz*2013
http://fordhamlawreview.org/assets/pdfs/Vol_81/Horowitz_April.pdf-http://fordhamlawreview.org/assets/pdfs/Vol_81/Horowitz_April.pdf CREATING A MORE MEANINGFUL ¶ DETENTION STATUTE: LESSONS LEARNED ¶ FROM HEDGES V. OBAMA J.D. Candidate, 2014, Fordham University School of Law. Captain, U.S. Army, ¶ participating in the Funded Legal Education Program¶
This part recommends ways to improve section 1021, with the goal of¶ creating
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detention. Congressional detention legislation must impose some¶ limits on executive power.

The act of repatriating all detainees currently cleared for release, granting 6^th amendment rights to those awaiting trial, through restricting the parameters of detention policy and closing all shadow site prisons is a huge step towards granting due process and collapsing the dichotomy that forces those previously protected by Imperialism to recognize that they too are inevitably vulnerable.

Butler, Maxine Elliot Professor in Rhetoric and Comparative Literature at UC-Berkeley, 2004 (Judith, Precarious Life: the Powers of Mourning and Violence,) (BJN)
By insisting on a "common" corporeal vulnerability, I may seem to be
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it is not, in every instance, honored. Vulnerability takes on another
meaning at the moment it is recognized, and recognition wields the power to reconstitute
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over to the Other in ways that I cannot fully predict or control.

The plan is a crucial part of the process of making torture visible that gives a voice to the unheard screams of those who lie in the darkness of Guantanamo cells and torture chambers and furthermore granting basic human rights

Scarry 87 (Professor of Philosophy at Harvard University, Elaine, The Body in Pain, 1987, BH)
In this closed world where conversation is displaced by interrogation, where human speech is
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person in great pain or sickness can be swallowed alive by the body.