Jan/Feb LD topic

"America now stands as the world's foremost power. We should be proud: Not since the age of the Romans has one people achieved such preeminence. But we are not Romans; we do not seek an empire. We are Americans, trustees of a vision and a heritage that commits us to the values of democracy and the universal cause of human rights." Because I agree with this sentiment by Senator John Kerry I Must Affirm the Resolution, Resolved: The United States ought to submit to the jurisdiction of an international court designed to prosecute crimes against humanity. My Value for this debate is peace. Peace is not only the greatest goal of every nation but is the goal of the International community as a whole. It is also the best Value to fit the resolution, as peace should be the goal of every foreign policy decision. Peace is not simply the absence of War but is better defined as harmonious relations between people and countries. Because peace is so paramount we must weigh the round on who better achieves peace. My Criterion is Harmonic Cosmopolitanism, Harmonic Cosmopolitanism is the view that one's primary moral obligations are directed to all human beings and political arrangements should faithfully reflect this universal moral obligation. As the Stoics of Greece claimed "each of us dwells, in effect, in two communities, the local community of our birth and the community of human argument and aspiration that is truly great and truly common". "Crimes against humanity," by definition, are so heinous as to threaten the moral order of all humankind, not just individuals within any given nation. Thus, their existence requires a cosmopolitan outlook. Ghanaian Philosopher Kwame Anthony Appiah writes "We will only solve our problems if we see them as human problems" We should not constrain our political decisions to our national borders but rather should uphold the U.S promise to humanity. As Immanuel Kant Notes "Violations of cosmopolitan right would make more difficult the trust and cooperation necessary for perpetual peace among states. It is a supplement to the unwritten code of the civil and international law, indispensable for the maintenance of the public human rights and hence also of perpetual peace. One cannot flatter oneself into believing one can approach this peace except under the condition outlined here. " Definitions: Ought: used to indicate requirement or obligation in accord with morality. (Wordsmyth Dictionary)(If a Definition clash is needed-- it is better for this debate as the resolution questions morals and the word ought is used to indicate a moral obligation in joining an international court. Thus this definition is the most specific to the round.) Submit: to defer to or consent to abide by the opinion or authority of another (Merriam Webster) Crimes against humanity, "are particularly odious offences in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings. They are not isolated or sporadic events, but are part either of a government policy or of a wide practice of atrocities tolerated or condoned by a government or a de facto authority. 1st contention: International court will deter Crimes In late 2004, tensions flared in The African Nation of Cote d'Ivoire, fueled by radio broadcasts of hate speech and violent groups in the streets these acts were strikingly reminiscent of the hate speech that preceded the Rwanda genocide. In response, Juan Mendez, a UN advisor on genocide, wrote the Security Council a widely-publicized note that reminded them that the ICC has jurisdiction over acts, such as hate speech, that lead to crimes against humanity. The message was received in Cote d'Ivoire: the hate speech and the immediate threat of violence subsided. Without an International Court the hate speech would have continued, and the World could be faced with another Rwanda. The Circumstances of both were the same, however there was no International Court at the time of Rwanda. Had their been, it is safe to say based upon the events in the Cote d'Ivoire, the Genocide would have been prevented. As Immanuel Kant states "a violation of right on one place of the earth is felt in all places" We have a cosmopolitan duty to humanity and a violation of rights, such as a genocide is felt in all places, as we are all united by your own humanity. Because of this we must work to Minimize if not stop "crimes against humanity" through an international Court that will work to stop these violations. 2nd contention The U.S joining the ICC would further legitimize it. The U.S stands as the world's foremost power, we hold massive Political Influence in the world. If we were to join an international court not only would others follow suit but we would add further legitimacy to it. Scott Turner, Professor at University of Montevallo Writes "To be sure, it may be difficult to proceed without the United States, whose support was crucial to the administration of international justice in the 1990s. The effectiveness of international institutions is highly dependent upon cooperation and assistance from the world's most powerful country. The ICC's legitimacy would be undermined severely by an institutionalized double standard that effectively excluded the United States and its client states from the court's jurisdiction." The Fact that the U.S holds such a large amount of influence makes us a deciding factor in the Influence of an international court. A court without the U.S will be weaker and will perform less effectively than one that has U.S membership. The influence of the U.S would increase that of the court allowing the court to work towards its ultimate end, Peace. The Legitimacy of the court is dependent upon international cooperation, the United States has the experience and would add the legitimacy to, as Kant states "give a fulcrum to the federation with other states so that they may adhere to it and thus secure freedom under the idea of the law of nations." 3rd Contention—U.S Cosmopolitan Obligation Even the U.S itself recognizes These Cosmopolitan Ethics in its Foreign Policy goals. Chapter 22 U.S Code, Section 2304, is titled Observance of human rights as principal goal of foreign policy. The law continues saying "The United States shall, in accordance with its international obligations as set forth in the Charter of the United Nations and in keeping with the constitutional heritage and traditions of the United States, promote and encourage increased respect for human rights Throughout the world. Accordingly, a principal goal of the foreign policy of the United States shall be to promote the increased observance of internationally recognized human rights by all countries.... the President is directed to formulate and conduct international security assistance programs in a manner which will promote and advance human rights in this section or otherwise." The Purpose of an International court perfectly fits the legal duty I have just presented, to promote universally accepted Human Rights. The U.S recognizes the Existence of these universal Human Rights and thus, should act according to both its moral, and legal duty to protect them, by joining an International court. Our cosmopolitan duty to humanity tells us we have a moral duty to submit to the court, our laws reflect this and by this same note our legal duty tells us the same.