Jan/Feb LD topic

Margaret Chase smith once stated that "Moral cowardice that keeps us from speaking our minds is as dangerous to this country as irresponsible talk. The right way is not always the popular and easy way. Standing for right when it is unpopular is a true test of moral character." I stand in firm negation of the resolution: Resolved: The United States ought to submit to the jurisdiction of an international court designed to prosecute crimes against humanity. Definitions: Submit: to yield ones power to the power of another, to give up resistance. Jurisdiction: the legal power of authority of a particular court to hear and determine cases. International court: a court extending across national boundaries, and prosecutes crimes when a state is unable to. My value is Morality, which is defined as the practice of moral duties. In order for the U.S. to uphold this vital concept that is stated in the very framework of the Declaration of Independence, when it points to the fact that we are "self-evident" and that we "are endowed by our creator" with these "Inalienable rights" because no power should take them away from the citizens for they deserve the same respect and rights from their government. When those rights are violated then it thus becomes immoral. My value criterion is national sovereignty. National sovereignty is defined as authority in a political community. In other words meaning we rule our selves and not others ruling us. For we are built upon what morals we have, and other countries are built upon their own morals. For us to submit to a national court would deny us our national sovereignty which thus be immoral and unjust. Contention 1: national Identity: In morality and Foreign policy, George F. Kenman stated, "If policies and actions of US government are made to conform to moral standards, those standards are going to have to be Americans own, founded on traditional American principles." For all we have worked for I believe that we should be making choices that are in the best interest of the rest America. Because this is who we are and our national Identity is what morals rights we have worked for. Madeline Morris stated "the international court decisions could hurt the U.S. interests". We have fought for what we have and died for it to. Dwight D. Eisenhower wrote "Freedom has its life in the hearts, the actions, the spirit of men" We must keep who we are for it is immoral for us to change for we need our Contention 2: The IC's Unchecked Power Leads to Abuse A) The ICC Has No Checks and Balances -C.T. Cline writes in "Transnational Law & Contemporary Problems": The IC is an institution that lacks checks and balances. The court combines investigation, prosecution, trial, and appeal. It is monolithic and beyond the control of the citizenry or of any counteracting governmental branch. There is no meaningful outside control to curb or rein in possible excesses. This concept is foreign to Americans because the U.S. system of government is founded on the principle of checks and balances, with each branch of government--legislative, executive, judicial--fulfilling a role. But the international has not one of these things. For that will end in abuse." Because with checks and balances as our system proves to better not one person has all the power but with none will lead to abuse. B) Unchecked Power Leads to AbuseAs noted by Senior Policy Analyst Jack Spencer, "one of the key reasons that the United States rightfully declined to become state party to the ICC was because of harassment by international anti-American activists continually making accusations against the US in the court." The Problem With any court such as the ICC is it is an unlimited outlet for abuse. It has no sufficient checks and is completely self-determinant. In an age where our enemies go to any ends to hurt us who is to say that our enemies will not manipulate this court to their own ends. 3nd Contention—Deterrence Value International courts have no deterrence value making them useless to the United States. Chief US Prosecutor at the Nuremberg trial, Justice Robert Jackson, stated that "wars are started only on the theory and in the confidence that they can be won. To assume that genocidaires carry out their policies based on a cost-benefit analysis is a highly unlikely scenario." Under Secretary of State for Arms Control and International Security John Bolton Adds "behind their optimistic rhetoric, ICC proponents have not a shred of evidence supporting their deterrence theories. Why should anyone imagine that bewigged judges in The Hague will succeed where cold steel has failed?" Even Military Power has more of a deterrent value so submitting to the ICC would lower deterrence in fact and even maybe offer an incentive to crimes, knowing the only way they will be punished is by an inefficient and corrupt system. I stand in firm negation of the resolution: Resolved: The United States ought to submit to the jurisdiction of an international court designed to prosecute crimes against humanity. For two main reasons National Identity and The IC's Unchecked Power Leads to Abuse and deterrence value. I thank you