Tournament: Emporia | Round: 1 | Opponent: | Judge:
Drones 1AC
Plan
The United States Congress should establish a federal court with authorization over targeted killings.
1AC Leadership Advantage
Lack of an internationally legitimate drone policy undermines US leadership
Kennedy 13 (Greg, a Professor ¶ of Strategic Foreign Policy ¶ at the Defence Studies ¶ Department, King's College ¶ London, based at the Joint ¶ Services Command and Staff ¶ College, Defence Academy ¶ of the United Kingdom, in ¶ Shrivenham, “Drones: Legitimacy and Anti-Americanism,” Parameters 42(4)/43(1) Winter-Spring 2013, Strategic Studies Institute at the United States Army War College http://www.strategicstudiesinstitute.army.mil/pubs/parameters/Issues/WinterSpring_2013/3_Article_Kennedy.pdf p. 26)
The current debate over the legitimacy of America’s use of drones to ¶ deliver deadly
AND
.”6¶ This article will address only the first three critical questions.
Current drone policy also undermines international law – transparency and oversight outside of the Executive branch is key to sustaining legitimacy (also notes human rights abuses)
Bowcott 12 (Owen, Correspondent for the Guardian, “Drone strikes threaten 50 years of international law, say U.N rapporteur,” The Guardian, June 21, 2012, http://www.theguardian.com/world/2012/jun/21/drone-strikes-international-law-un
The US policy of using aerial drones to carry out targeted killings presents a major
AND
every attack and there needs to be a report to justify the killing.
A drone court sets a strong international precedent for legitimate drone use
Fisher 2007 (W. Jason, judicial clerk to the US District Court for the District of New Mexico, “Targeted Killing, Norms, and International Law”, Columbia Journal of Transnational Law, Vol. 45) PY
In constructing a place for the use of targeted killing as a counter-terrorism
AND
standard designed to minimize misidentification and ensure requisite involvement in terrorist activities. n253
Unrestricted use of drones prevents the US from exporting liberal democratic values – restraint is key.
Kennedy 13 (Greg, a Professor ¶ of Strategic Foreign Policy ¶ at the Defence Studies ¶ Department, King's College ¶ London, based at the Joint ¶ Services Command and Staff ¶ College, Defence Academy ¶ of the United Kingdom, in ¶ Shrivenham, “Drones: Legitimacy and Anti-Americanism,” Parameters 42(4)/43(1) Winter-Spring 2013, Strategic Studies Institute at the United States Army War College http://www.strategicstudiesinstitute.army.mil/pubs/parameters/Issues/WinterSpring_2013/3_Article_Kennedy.pdf p. 26)
Targeted killing, by drone strike or otherwise, is not the sole preserve of
AND
ensure its strategic aims are ¶ not derailed by operational and tactical expediency.
US liberal leadership sustains international institutions and cooperation – solves all global problems and conflict – there is not alternative.
Kromah 9 (Lamii Moivi Kromah, Department of International Relations University of the Witwatersrand, February 2009, “The Institutional Nature of U.S. Hegemony: Post 9/11”, http://wiredspace.wits.ac.za/bitstream/handle/10539/7301/MARR2009.pdf)
Since the end of WWII the United States has been the clear and dominant leader
AND
American national security is impossible without a broad measure of international security.57
Failure to expand the liberal international system causes nuclear war
Dyer 4 Gwynne, staff writer, Toronto Star, The End of War, 12/30/04, http://www.commondreams.org/views04/1230-05.htm
War is deeply embedded in our history and our culture, probably since before we
AND
solve the problem of war within the context of the existing state system.
1AC Drone Proliferation Advantage
Massive weaponized drone proliferation now– leads to drone wars
Wood 12 (David, American Drones Ignite New Arms Race From Gaza To Iran To China, Huffington Post, 27 November 2012, http://www.huffingtonpost.com/2012/11/27/american-drones_n_2199193.html, da 8-2-13) PC
The drone wars are here.¶ While President Obama ponders new legal and moral guidelines
AND
the United Nations has considered using drones to monitor the fighting in Congo.
Drone spread inevitable and leads to a High risk of instability - over 90 countries have the capability. Increased transparency by the US sets a precedent to avoid militarization and conflict
Daniel Byman, Jul/Aug 2013, (Professor at Georgetown and a Senior Fellow at the Brookings Institution), Foreign Affairs, "Why drones Work," EBSCO.
The fact remains that by using drones so much, Washington risks setting a troublesome
AND
. More transparency could help calm these fears that Washington is acting recklessly.
A drone court creates transparency and oversight – that creates a strong international precedent for regulating drone use
The Boston Globe, 5/25/2013, "US must guide the world on new rules for drones," http://www.bostonglobe.com/editorials/2013/05/24/can-guide-world-use-drones/HzQxN6peIbuhlk9XoPC5gL/story.html
THERE WAS much to applaud in President Obama’s landmark speech about counterterrorism on Thursday,
AND
accepted rules and standards to which we can eventually hold our adversaries accountable.
Empirical evidence proves that international norms have a stabilizing influence – especially true in the instance of drones
Whibley, received a M.A. in International Relations from Victoria University of Wellington and his research is soon to be published in Intelligence and National Security, 13 (James, The Proliferation of Drone Warfare: The Weakening of Norms and International Precedent, Georgetown Journal of International Affairs, 6 February 2013, http://journal.georgetown.edu/2013/02/06/the-proliferation-of-drone-warfare-the-weakening-of-norms-and-international-precedent-by-james-whibley/, da 8-1-13)
If drones are destined to proliferate, the more important issue may become whether American
AND
an already inhumane international system, justifying greater scrutiny of the drone program.
Lack of global norms for drone use makes interstate war inevitable
Audrey Cronin, Jul/Aug 2013, (Professor of Public Policy at George Mason University), Foreign Affairs, "Why Drones Fail," 92(4), EBSCO.
The sometimes contradictory demands of the American people -- perfect security at home without burdensome
AND
-- then al Qaeda will be the least of the United States' worries.
Three separate scenarios - India/Pakistan, North/South Korea and China are all unique risks
Alan Dowd, 8/7/2012, The American Interest, "The Drone Race is On," http://www.the-american-interest.com/article.cfm?piece=1301
The point is that as drones become more accessible, there will be consequences.
AND
spawned a new era of danger for the United States and its allies.
Korea war causes extinction
Hayes and Green, 10 - *Victoria University AND Executive Director of the Nautilus Institute (Peter and Michael, “-“The Path Not Taken, the Way Still Open: Denuclearizing the Korean Peninsula and Northeast Asia”, 1/5, http://www.nautilus.org/fora/security/10001HayesHamalGreen.pdf
The consequences of failing to address the proliferation threat posed by the North Korea developments
AND
threat but a global one that warrants priority consideration from the international community.
Indo-Pak war risks extinction
Ghulam Nabi Fai, Kashmiri American Council, July 8, 2001, Washington Times
The foreign policy of the United States in South Asia should move from the lackadaisical
AND
an inclination to ratify an impending Fissile Material/Cut-off Convention.
China is acquiring drones to confront Japan over territorial disputes in the Senkaku islands – guarantees war.
CBS 5-3 (China emerges as new force in drone warfare, Associated Press, 3 May 2013, http://www.cbsnews.com/8301-202_162-57582699/china-emerges-as-new-force-in-drone-warfare/, da 8-3-13)
Though China claims its military posture is entirely defensive, its navy and civilian maritime
AND
carrier killer," the Pentagon said in its 2012 report on China's military.
Senkaku disputes go nuclear.
Emmot, 6/4/2008 (Bill – editor of the Economist, Power rises in the east, The Australian, p. http://www.theaustralian.com.au/news/arts/power-rises-in-the-east/story-e6frg8px-1111116460128)
As well as knitting them, however, this drama is also grinding together Asian
AND
East China Sea and the Senkaku-Diaoyutai islands, Taiwan and Pakistan.
1AC Terrorism Advantage
Centralized executive authority over drone strikes results in an over-reliance on targeted killings – this ultimately emboldens terrorists. Establishing a drone court increases transparency and oversight, reducing unnecessary drone strikes and restores international legitimacy.
Jack Goldsmith, 5/1/2013, The New Republic, "How obama undermined the war on terror," http://www.newrepublic.com/article/112964/obamas-secrecy-destroying-american-support-counterterrorism
And so Barack Obama greatly expanded the secret war that George W. Bush began
AND
, even if it means that secret war abroad is harder to conduct.
Drone courts promote better intelligence gathering
Amos Guiora, 2013, (Prof. of Law, S.J. Quinney College of Law, University of Utah)., "Targeted Killing: When Proportionality Gets All Out of Proportion," University of Utah College of Law Research Paper No. 1, SSRN., p. 23
With respect to the strict scrutiny standard and recommendation for establishment of a “drone
AND
rule of law, morality in armed conflict and articulation of policy effectiveness.
Increasing transparency in the drone program is necessary for its success- required for intel sharing and legitimacy
Cullen 2007 (Colonel Peter M., Staff Judge Advocate at Fort Campbell, “THE ROLE OF TARGETED KILLING IN THE CAMPAIGN AGAINST TERROR”, 3/30/07, http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA471529, p. 11)
The long-term success or failure of targeted killing as a component of the
AND
¶ will become an even more potent weapon against trans-national terrorism.
Effective joint intelligence efforts are key to stop terrorism.
Cristian and Andreea 13, (M?rc?u Flavius-Cristian, PhD Candidate, Babes-Bolyai University, Ciorei Mihaela Andreea, MA, Constantin Brâncu?i University from Targu-Jiu, THE ROLE OF INTELLIGENCE IN THE FIGHT AGAINST TERROR, European Scientific Journal, vol.9, No.2, January 2013, http://eujournal.org/index.php/esj/article/download/708/792)
Terrorist threats are highly topical and won’t disappear in the next decade. Most likely
AND
be used as well as possible at strategic, operational and tactical level.
High risk of nuclear terrorism – al Qaeda and its affiliates have multiple roads to the bomb
Fredrik Dahl, 7/1/2013, Reuters, "governments warn about nuclear terrorism threat," http://www.reuters.com/article/2013/07/01/us-nuclear-security-idUSBRE96010E20130701
More action is needed to prevent militants acquiring plutonium or highly-enriched uranium that
AND
adherents ... to continue trying to achieve their nuclear ambitions," he said.
Terrorism causes miscalculation that draws in Russia and China and culminates in extinction
Ayson 2010 (Robert Ayson, Professor of Strategic Studies and Director of the Centre for Strategic Studies: New Zealand at the Victoria University of Wellington, “After a Terrorist Nuclear Attack: Envisaging Catalytic Effects,” Studies in Conflict and Terrorism, Volume 33, Issue 7, July, Available Online to Subscribing Institutions via InformaWorld)
A terrorist nuclear attack, and even the use of nuclear weapons in response by
AND
for the terrorists. This might not help the chances of nuclear restraint.
Solvency
Congressional establishment of courts for drones creates clear guidelines and transparency, which combats rights abuses- federal courts cannot enforce their decisions without those things
McKelvey 2011 (Benjamin, Executive Development Editor on the Editorial Board of the Vanderbilt Journal of Transnational Law, “Due Process Rights and the Targeted Killing of Suspected Terrorists: The Unconstitutional Scope of Executive Killing Power,” Vanderbilt Journal of Transnational Law, Volume 44, Number 5, November,http://www.vanderbilt.edu/jotl/manage/wp-content/uploads/mckelvey-pdf.pdf, p. 1377-1378)
The targeted killing of Americans, as demonstrated by the ¶ Aulaqi case, presents
AND
the use of all ¶ peaceful measures before lethal force is pursued.212
Drone court solves legal criteria
Harman 2013 (Jane Harman, director, president and chief executive officer of the Woodrow Wilson International Center for Scholars, February 19, 2013, “Harman: Drone courts can work,” Security Clearance, CNN, http://security.blogs.cnn.com/2013/02/19/harman-drone-courts-can-work/)
September 11, 2001, was a game changer, forcing the United States to
AND
FISA provisions for emergency authorization in time-sensitive situations should also apply.
