Liberty Debate
116103860
Page 1 of 7
N. Ryan
1
Liberty Debate
Liberty Debate
116103860
Page 2 of 7
N. Ryan
Plan
Plan: The United States Federal Government should restrict the President’s war powers authority for
targeted killing as a first resort outside zones of active hostilities.
2
Liberty Debate
Liberty Debate
116103860
Page 3 of 7
N. Ryan
Legal Regimes Advantage
US methods for justification of targeted killing create authority overlap of armed conflict and selfdefense legal regimes
Blank, Director of International Humanitarian Law Clinic, ‘12
(Laurie, Director ofInternational Humanitarian Law Clinic at Emory Law School, 2012, “Targeted Strikes: The Consequences of
Blurring the Armed Conflict and Self-Defense Justifications,” accessed 1-2-14,
http://www.wmitchell.edu/lawreview/Volume38/documents/11.BlankFINAL.pdf, amp)
Targeted killing can…. to
unregulated warfare.11
Conflation of self-defense and armed conflict legal regimes eradicates both
Blank, Director of International Humanitarian Law Clinic, ‘12
(Laurie, Director ofInternational Humanitarian Law Clinic at Emory Law School, 2012, “Targeted Strikes: The Consequences of
Blurring the Armed Conflict and Self-Defense Justifications,” accessed 1-2-14,
http://www.wmitchell.edu/lawreview/Volume38/documents/11.BlankFINAL.pdf, amp)
In contrast, human….
of armed conflict.
Current drone policy destroys security structure, which leads to war
Martin, Professor of Law, ‘11
(Craig, Associate Professor of Law at Washburn University School of Law, 11-07-11, " GOING MEDIEVAL: TARGETED
-30-13,
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1956141, CEJ)
The United States …. grand scheme of things.
A regime collapse leads to World War III—Congress is key to solve
Barnes, Attorney (J.D.), ‘12
(Beau, J.D. from Boston University, 2012, "REAUTHORIZING THE “WAR ON TERROR”: THE LEGAL AND POLICY
IMPLICATIONS OF THE AUMF’S COMING OBSOLESCENCE," Accessed 12-30-13,
https://www.jagcnet.army.mil/DOCLIBS/MILITARYLAWREVIEW.NSF/20a66345129fe3d885256e5b00571830/b7396120928e9d5
e85257a700042abb5/$FILE/By%20Beau%20D.%20Barnes.pdf, CEJ)
Therefore, the more likely
….nations around the world.158
Self-defense norms are modeled globally
Fisk & Ramos, Fisk --- PhD in Political Science focusing on interstate war & Ramos-- PhD in Political
science focusing on norms and foreign policy, 13
(Kerstin --- PhD in Political Science focusing on interstate war @ Claremont Graduate University & Jennifer -- PhD in Polisci and
Professor @ Loyola Marymount focusing on norms and foreign policy, including drone warfare and preventative use of force,
“Actions Speak Louder Than Words: Preventive Self-Defense as a Cascading Norm” 4/15/13, Date Acessed: 1/13/14, CEJ)
Preventive self-defense ….to do the same.
Causes escalation everywhere
Bradford, Assistant Professor of Law at Indiana University School of Law, 04
(Willaim, “The Duty to Defend Them: A Natural Law Justification for the Bush Doctrine of Preventive War” 07/04, Date Acessed:
1/13/14, CEJ)
For restrictivists, 67 ….from every corner.
Precedent of Unrestricted drone use causes war in caucuses and heightens Israel-Iran tension
3
Liberty Debate
Liberty Debate
116103860
Page 4 of 7
N. Ryan
Clayton 12
(Nick Clayton, Worked in several publications, including the Washington Times the Asia Times and Washington Diplomat. He is
currently the senior editor of Kanal PIK TV's English Service (a Russian-language channel), lived in the Caucuses for several
years,10/23/2012, "Drone violence along Armenian-Azerbaijani border could lead to
war",www.globalpost.com/dispatch/news/regions/europe/121022/drone-violence-along-armenian-azerbaijani-border-could-lead-war)
CBC
Armenian and Azerbaijani …..I’m sure of.”
Caucus wars escalate to nuclear war, most likely impact
Blank, 2k
(Stephen, Prof. Research at Strategic Studies Inst. @ US Army War College, “U.S. Military Engagement with Transcaucasia and
Central Asia”, www.strategicstudiesinstitute.army.mil/pdffiles/pub113.pdf) CBC
Washington’s burgeoning military-political-economic …..lasting regional commitment.
4
Liberty Debate
Liberty Debate
116103860
Page 5 of 7
N. Ryan
India/Pakistan Advantage
Race for drones increases - US precedent is key to prevent India from striking Pakistan
Siddique, Researcher and Policy Advisor, 13
(Qandeel, 4-8-13, “The United States’ Drone Program in Pakistan: An Analysis of the Efficacy and the Pakistani Government’s
Complicity,” accessed 12-26-13, http://strategiskanalyse.no/publikasjoner%202013/2013-0408_SISA4_DroneProgram_QandeelS.pdf, ebb)
While only a small …..of armed UAVs.4
India drone use leads to conflict escalation
Keck, Associate Editor of The Diplomat, 13
(Zachary, 8-29-13, “India Eyes Drone-Launched Smart Bombs,” accessed 12-26-13, http://thediplomat.com/2013/08/india-eyesdrone-launched-smart-bombs/, ebb)
Yogesh Joshi, an ……escalation of conflict.”
Indo-pak war equals extinction
Chaffin, Research Assistant at Foreign Policy in Focus, 11
(Greg, 7-8-11, “Reorienting U.S. Security Strategy in South Asia,” accessed 1-6-14,
http://www.fpif.org/articles/reorienting_us_security_strategy_in_south_asia, KLA)
The greatest threat …..could quickly escalate.
5
Liberty Debate
Liberty Debate
116103860
Page 6 of 7
N. Ryan
Solvency – 1AC
The plan legally codifies executive practice – facilitates norm development
Daskal, Adjucnt Georgetown Prof, 13
(Jennifer, fellow and adjunct prof at Georgetown Center on National Security and the Law at Georgetown University Law Center,
April 2013, "The Geography of the Battlefield: A Framework for Detention and Targeting Outside of the ’Hot’ Conflict Zone,"
accessed 10-31-13, University of Pennsylvania Law Review 161 U. Pa. L. Rev. 1165, hec)
C. Implementation and Security ….the conflict zone.
No risk of circumvention
Huq, University of Chicago Law School assistant professor, 12
(Aziz Z., 5/25, “Binding the Executive (by Law or by Politics),” accessed: 10/3/2013,
https://lawreview.uchicago.edu/sites/lawreview.uchicago.edu/files/uploads/79_2/06%20Huq%20BKR.pdf, ADC)
Alternatively, perhaps the Neustadt …..White
House opposition.80
Geographical Limitations solve while retaining executive’s military flexibility
Brooks ’13
(Rosa Brooks is a law professor at Georgetown University and a Schwartz senior fellow at the New America Foundation. She served
as a counselor to the U.S. defense undersecretary for policy from 2009 to 2011 and previously served as a senior advisor at the U.S.
State Department, 2013, “The Law of Armed Conflict, the Use of Military Force, and the 2001 Authorization for Use of Military
Force, May 16 2013 Statement for the Record Submitted the Senate Committee on Armed Services”, DOA: 12/15/13,
http://www.lawfareblog.com/wp-content/uploads/2013/05/Brooks_05-16-13.pdf, JAW)
Expressly limiting
the …..law of armed conflict
Current U.S. policy uses circular logic for strikes taking place outside of active hostilities – aff’s legal
framework solves
Brooks, 13
(Rosa, Professor of Law, Georgetown University Law Center, Bernard L. Schwartz Senior Fellow, New America Foundation “The
Constitutional and Counterterrorism Implications of Targeted Killing Testimony Before the Senate Judiciary Subcommittee on the
Constitution, Civil Rights, and Human Rights”, DOA: 12-18-13, http://www.judiciary.senate.gov/pdf/04-23-13BrooksTestimony.pdf,
4-26-13, JAW)
Here is an
additional….., or unwanted minorities?
Congress is key to set a new legal precedent, the President agrees
Ellison ’13
(Keith Ellison, “Time for Congress to build a better drone policy”, http://articles.washingtonpost.com/2013-0113/opinions/36311903_1_drone-strikes-drone-program-drone-policy, January 13, 2013) CBC
An unmanned U.S. aerial ….rule
of law.
Ethical policymaking must be grounded in consequences
Isaac, political science professor Indiana University, 2002
(Jeffrey, “Ends, Means, and Politics, Dissent Magazine, Spring 2002, ldg)
Power is not a ….undermines
political effectiveness.
Executive clarification doesn’t set the same precedent
Dworkin, European CFR Senior Fellow, 13
(Anthony, July 2013, “Drones and Targeted Killing: Defining a European Position,” accessed 10-31-13, hec)
6
Liberty Debate
Liberty Debate
116103860
Page 7 of 7
N. Ryan
Two further points ….wish to claim it.
7
Liberty Debate