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STOP! IN THE NAME OF LOVE

I affirm. I advocate that the United States ought to submit to the jurisdiction of an international court
by ratifying, acceding to and fully implementing the Rome Statute of the International Criminal Court.
All conflicting laws will be overturned.

The value is justice because it is the basis of what we owe others. The criterion is preventing the
occurrence of crimes against humanity.

First, as human beings we all have an interest in creating a system that best reduces the risk of crimes
against humanity. Because they represent a real threat to us all we must always seek a system of law
that best reduces their occurrence.

Professor of law and philosophy David Luban explains in the Yale Journal of International
Law: [Frederick Haas Professor of Law and Philosophy, Georgetown University Law Center, ARTICLE: A Theory of Crimes Against Humanity, The
Yale Journal of International Law, Winter, 2004, 29 Yale J. Int'l L. 85]

The human interest in expunging crimes against humanity from the repertoire of politics seems straightforward: in a world where crimes
against humanity proceed unchecked, each of us could become the object of murder or
persecution solely on the basis of group affiliations we are powerless to change. This is not a merely

hypothetical threat. Today we live in a world in which almost all nations are patchworks of ethnic, racial,
religious, and cultural groups. In part, this is the result of globalization. But it is also the product of a century of wars and upheavals that have
displaced hundreds of millions of people. Ours is a world of diasporas everywhere, a world in which innumerable groups find themselves in the situation of the "eternal Jew":

strangers in a strange land, even when - like the German Jews and the Rwandan Tutsis - they are no strangers and have dwelt in the land for centuries . The crimes
against humanity that drenched the twentieth century in gore proved that group-on-group
politics has no built-in principle of restraint. And so, just as all women share an interest in ensuring that women are not killed solely for

being women, and all Jews share an interest in ensuring that Jews are not killed solely because they are Jews , all human beings share an interest
in ensuring that people are not killed by their neighbors solely because of their group affiliation;
for all of us have neighbors whose group is not our own .

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Second, we have an obligation as humans to respect others and protect them from harm. Martha
Nussbaum writes:
[Patriotism and Cosmopolitanism, The Boston Review 1994
http://www.soci.niu.edu/~phildept/Kapitan/nussbaum1.html]

With respect to the most basic moral values such as justice, "we should regard all human beings as our fellow
citizens and neighbors" (Plutarch, On the Fortunes of Alexander). We should regard our deliberations as , first
and foremost, deliberations about human problems of people in particular concrete situations, not
problems growing out of a national identity that is altogether unlike that of others. Diogenes knew
that the invitation to think as a world citizen was, in a sense, an invitation to be an exile from the comfort of patriotism and its easy

sentiments, to see our own ways of life from the point of view of justice and the good. The accident of where one is
born is just that, an accident; any human being might have been born in any nation. Recognizing this,

his Stoic successors held, we should not allow differences of nationality or class or ethnic membership or even gender to erect barriers
between us and our fellow human beings. We should recognize humanity wherever it occurs,
and give its fundamental ingredients, reason and moral capacity, our first allegiance and
respect.

The affirmative thesis is that the U.S. joining the ICC will help construct a national and international
norm against crimes against humanity.

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First, the ICC has the potential to prevent atrocities from occurring.

A. Internationally backed prosecutions can change the range of perceived options for
leaders.
Payam Akhavan [BEYOND IMPUNITY: CAN INTERNATIONAL CRIMINAL JUSTICE PREVENT FUTURE ATROCITIES? THE AMERICAN
JOURNAL OF INTERNATIONAL LAW Vol. 95:7, 2001]

The expression of social disapproval through the legal process may influence[s] moral self-conceptions so that
illegal actions will not present themselves consciously as real alternatives to conformity, even in
situations where the potential criminal would run no risk whatsoever of being caught. Although
leadership roles in preventing future atrocities are emphasized here, the progressive entrenchment of a more lawful self-conception can occur among a wider public, which
could stiffen resistance to the blandishments of a leader seeking to exploit ethnic enmity and thereby reduce the prospect of renewed violence after a conflict. Even where

public access to unadulterated sources of information is restricted, leaders may be influenced by moral propaganda
emanating from the implementation of international criminal justice , and understand how the rules of legitimacy are
.
transformed among international elites Despite the adoption of numerous international instruments affirming human rights and humanitarian standards, international relations
in the modern age have perpetuated a culture of virtually complete immunity. Idi Amin, Mengistu Haile Mariam, Pol Pot, and a litany of other tyrants have never been held
accountable for their deeds. Notwithstanding the plethora of pious resolutions, solemn declarations, and legally binding treaties, the international community has accepted

international crimes committed as an instrument of statecraft and political control. The long-term consequences of such a culture of impunity cannot be underestimated. The
failure to uphold elementary international norms has created a political climate in which
extermination, deportation, and wanton destruction lie within the range of options available to
rulersnot only as conscious decisions, but as a subliminal conception of viable conduct. Impunity erodes the inhibitions and
restraints against such behavior, permitting an amoral account of raison dtat. Reversing this entrenched culture of impunity is a gradual and

incremental process. By instilling such unconscious inhibitions in the international community over time,
and gradually but definitively transforming the rules for the exercise of power, a new reality of
habitual lawfulness may take root and develop .

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B. International norms isolate leaders and shape their future conduct. The ICC is the next
step in creating norms that stigmatize crimes against humanity, which can stop them from
happening in the first place.

Akhavan 2 [BEYOND IMPUNITY: CAN INTERNATIONAL CRIMINAL JUSTICE PREVENT FUTURE ATROCITIES? THE AMERICAN JOURNAL OF
INTERNATIONAL LAW Vol. 95:7, 2001]

In concert with other policy measures, resort to international criminal tribunals can play a significant role in discrediting and containing destabilizing political forces.

Stigmatizing delinquent leaders through indictment, as well as apprehension and prosecution, undermines their
influence. Even if wartime leaders still enjoy popular support among an indoctrinated public at home, exclusion from the international
sphere can significantly impede their long-term exercise of power . Failure to deliver on promises of economic growth and
prosperity, together with the humiliation of pariah status in an interdependent world community, eventually exacts a cost on such leaders' influence and authority. Moreover,
political climates and fortunes change, and the seemingly invincible leaders of today often become the fugitives of tomorrow. Whether their downfall comes through political

overthrow or military defeat, the vigilance of international criminal justice will ensure that their crimes do not fall into oblivion,

undermin[e] the prospect of an easy escape or future political rehabilitation. A post conflict culture of justice
also makes moral credibility a valuable political asset for victim groups, rendering vengeance less tempting and more costly. Of course, the preventive effects of international

criminal justice can extend beyond post conflict peace building in directly affected countries. The prosecution and related political demise
of such leaders sends a message that the cost of ethnic hatred and violence as an instrument of
power outweighs its benefits. Precedents of accountability, however selective and limited, contribute to the
transformation of a culture of impunity that has hitherto implied the political acceptability of massive human rights abuses. Together with the

ICTY and ICTR precedents , the ICC blueprint for a future international criminal justice system, has raised accountability to
unprecedented prominence in the politics of international legitimacy.

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C. The threat of indictment can also influence the calculations of leaders and dissuade
them from engaging in violence.

Akhavan 3 [BEYOND IMPUNITY: CAN INTERNATIONAL CRIMINAL JUSTICE PREVENT FUTURE ATROCITIES? THE
AMERICAN JOURNAL OF INTERNATIONAL LAW Vol. 95:7, 2001]

Prevention of elite-induced mass violence can operate through both conscious and unconscious responses to punishment. Where leaders engage in some

form of rational cost-benefit calculation, the threat of punishment can increase the costs of a policy that
is criminal under international law. Leaders may be desperate, erratic, or even psychotic, but
incitement to ethnic violence is usually aimed at the acquisition and sustained exercise of
power. As Professor Ehrlich suggests, "willful engagement in even the most reprehensible violations of legal and moral codes does not preclude an ability to make self-

serving choices. "Momentary glory and political ascendancy, to be followed by down fall and humiliation, are
considerably less attractive than long-term political viability. Furthermore, in an integrated world community,

international legitimacy is a valuable asset for aspiring statesmen, no matter how remote their fiefdoms may be. Even

an isolated Somali or Afghan warlord cannot entirely disregard the relation between international acceptance and long-term survival. The stigmatization
associated with indictment, as much as apprehension and prosecution, may significantly threaten[s]
the attainment of sustained political power. The prevention of aberrant contexts through "deterrence" or conscious responses to threats of
punishment can be both specific and general.6 Punishment of unlawful conduct can be directed against leaders who actually contemplate or are engaged in the pursuit of

criminal policies and, generally, against other leaders who might be tempted absent a credible threat of punishment. In both scenarios, the threat of
punishment may persuade potential perpetrators to adjust their behavior. This cost-benefit calculation has

implications for preventing conflicts, and also for preventing their resumption . In preconflict scenarios, it may discourage decisions
to foment ethnic hatred and violence, since power thus accrued would be undermined by
international isolation and accountability. In postconflict scenarios, leaders may be
incapacitated outright (by arrests or being forced to flee), and the message conveyed that further incitement
and violence will incur a high political cost. The credible threat of punishment through vigorous arrests and prosecutions removes
impediments to stability from the political stage, and provides an incentive for constructive political behavior.

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Second, U.S. membership is uniquely key to creating effective norms against crimes against humanity.

A. The U.S. has the power to create norms and instill values in the international
community. This has been especially true of genocide.

Peter Ronayne [UVA law Prof. Never Again? 2001]

Almost as if according to some natural law , in every century there seems to emerge a country with the power, the will

and the intellectual and moral impetus, to shape the entire international system in accordance with its own
values. In the twentieth and twenty-first century, the U.S. has been and is that country. Through its decisions, priorities and influence, the U.S can shape the
world, and acting as what some would call a norm entrepreneur, to change the behavior of others and legitimize or delegitimize
certain international norms. With a distribution of power in their favor, America n foreign policymakers

can promote the evolution of international society and the adoption of particular values in world politics Instances of
genocide provide what will be termed here ethical leadership momentsdistinct opportunities, even propitious opportunities for
bringing about progress in international ethics. The U.S. has not fully capitalized on its
leadership role and its ethical leadership moments . Rather in bouts of schizophrenia, the U.S. has both supported and undermined the admirable goals of the U.N.
Genocide Convention.Despite the potent and paralyzing combination of domestic political concerns and geopolitical imperatives that have distracted the U.S. and stunted its
policies on genocide, the U.S. has made progress; not all opportunities have been missed. This work has documented several instances in which the U.S. has seized on some
ethical leadership moments in relation to genocide with noteworthy results. Americas potential displayed itself early in the postwar era when the country took the lead on the
UNGC. The U.S. was the prime mover in shaping the treaty; American representatives worked to establish the very high moral standards that the U.S. has struggled to meet.

Those standards or expectations have been most closely approximated on the punishment side. American efforts have often led the way in
seeking justice for the victims of genocide and punishing perpetrators. The U.S. drove the creation of the ICTY and
has worked behind the scenes to bring Khmer Rouge leaders to trial. American force and diplomacy (and funding for military training performed by a private military company)
helped bring war in Bosnia to a close and produced the Dayton Peace Accords. The U.S.-led NATO peacekeeping force in Bosnia has arrested indicted war criminals as high up
the chain of command as a Serb general. The pursuit of justice in Rwanda has also benefited from American financial support and the expertise of U.S. legal personnel. At an
institutional level, the Clinton administration founded the State Departments Office of War Crimes Issues (the Bush administration appears willing to maintain this office) and
later worked to coordinate information exchange between federal agencies as part of a genocide early warning center. At the end of the year 2000, president Clinton
authorized the U.S. to sign the treaty creating the international criminal court (ICC). However senator Jesse Helms declared war on the ICC leading to its defeat in the Senate

The steps taken so far represent milestone achievements for international law and society and hint at the still untapped potential for U.S. action. In short the U.S.
can promote ethical evolution when it adopts the mantle of moral entrepreneur and chooses to
lead by renewing its commitment to the success of the international criminal court.

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B. The current U.S. position undermines the effectiveness of the ICC. US exceptionalism with
regard to the ICC gives dictators a shield of impunity. Oppressive leaders can simply claim that ICC
rule creates a double standard and is therefore not legitimate international law.

Robert C. Johansen writes: (article "The Impact of U.S. Policy toward the International Criminal Court on the Prevention of
Genocide, War Crimes, and Crimes against Humanity". Human Rights Quarterly. Professor of political science at the University of Notre Dame
and Senior fellow at the Kroc Institute for international peace studies. 2006)

By weakening the Court, the United States undermines the positive impact of international law enforcement
on the deterrence of future crimes. US resistance to unconditional Security Council referral of cases of atrocious conduct to the ICC, for example, has

reduced the international community's ability to deter crimes. Although the Bush administration did not veto the referral of Darfur atrocities, by
continuing to insist on immunity for US and other non-parties' nationals as a precondition for ICC

enforcement, the US impedes the growth of a culture of compliance with international law
enforcement. In insisting on immunity for US nationals and non-US employees, the United States inadvertently helps those

governments that cynically try to shield persons indicted for heinous crimes against
international prosecution. US officials shield themselves and their nationals behind a wall of
national sovereignty, a wall against international responsibility that ruthless dictators also
welcome.

C. With the election of Obama the U.S. is now uniquely situated to lead the world on numerous issues.
His leadership on international justice is critical to its success .

Brooks and Wohlforth explain: [Stephen G and William C Reshaping the World Order: How Washington
Should Reform International Institutions. Foreign Affairs. 2009]

As the number and the severity of issues that influence peoples lives gain a global dimension,
so should the solutions. Issues such as global warming, water scarcity, global terrorism, global epidemics , [and]
international justice and most recently, the global economic crisis, all need global solutions. While global issues require global solutions,

global solutions need global [and] leaders to mobilize global resources . Overcoming this myopia requires real global leadership. Given
his global popularity, Obama is poised to become a real global leader if his actions support such
a global perspective. He can use his political chips to change the world by setting the agenda for the international community. instead of focusing on
national issues and falling prey to short-term thinking. Obama started his presidency by phasing out Guantanamo, a clear message to the world about sincerity of American

values America's leadership and influence played a pivotal role in establishing tribunals in Rwanda, the former Yugoslavia,

Sierra-Leone and the formation of the historic International Criminal Court. Americas ongoing leadership on issues of
international justice are critical to their success. A ratification of the convention governing the International Criminal
Court will further send a message to the world that America has not compromised her leadership
role in upholding human rights and the rule of law in our changing world of the 21 st century and
would revitalize the progression of international justice.

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Third, joining the ICC can specifically deter the US from crimes against humanity. Jamie Mayerfield
provides an example using torture:

[Playing by Our Own Rules: How U.S. Marginalization of International Human Rights Law Led to Torture Harvard
Human Rights Journal Vol. 20, 2007]

The torture outbreak shows why the United States should join the International Criminal Court. Imagine the situation if the United States had been a party
to the Rome Statute from the date of its entry into force on July 1, 2002. Leading government officials, including the President, who
have authorized or knowingly or negligently allowed the systematic use of torture and ill treatment would be vulnerable to
indictment, prosecution, and punishment by the ICC.269 If the United States had ratified the Rome Statute, the knowledge that such
behavior would make leading government officials vulnerable to prosecution would be a powerful
disincentive to engage in the behavior. This awareness would reverberate throughout the public sphere, reminding
citizens and elites that torture and ill treatment are [is a] crime under international law and that they had renewed their commitment to

such law when they ratified the Rome Statute. It would encourage them to carefully examine serious allegations that leading

government officials had committed war crimes and crimes against humanity. The Department of Justice , armed
with empowering legislation presumably enacted for the purpose by Congress, would be poised to launch effective investigations into such
allegations so as to forestall the complementary jurisdiction of the ICC. This would further deter
government leaders from authorizing or knowingly or negligently allowing the systematic use of torture and ill treatment.

The United States has committed several human rights abuses in the past.

Ward Churchill elaborates:

[professor, War on Terror or Constitutional Rights? http://www.wardchurchill.net/political.html]

The attacks of 9/11 have been used as a convenient excuse to implement repressive measures
which have long been on the governments wish list. These include extensive surveillance of phone calls and e-mail, the placing of
informants in political and religious organizations, massive round-ups, detentions and deportations of immigrants, the charging of defense attorneys with aiding terrorism, the

expansion of domestic terrorism charges and prosecutions, the labeling of environmental activists as eco-terrorists, and the normalizing of torture. These are
not new developments or changes necessitated by the so-called war on terror. National
security crises, real or imagined, have been used to increase the police powers of the state,
from the earliest indigenous resistance and slave rebellions, to the red scare of the early
1900s, the mass internments of World War II, and the civil rights movement and anti-war
protests of the 1960s.

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