query: The law would violate freedom of speech and association.  Under this law a random person who the student has never met, even a potential predator, would be allowed to send a message via facebook or twitter. And yet a teacher doing the same thing, regardless of the content of that message, would be instantly committing an offence. Every person is allowed to speak to and associate with whomever they choose. That is a fundamental right that the government is not allowed to take away [1] . A person’s status as a teacher should not be an excuse to violate their rights.  [1] Solove, Daniel. “Missouri Bans Teachers from Friending Students on Social Networking Webistes.” The Huffington Post. 02 August 2011.

positive: n science internet house would ban teachers interacting students social Speech can be restricted in order to protect the vulnerable groups, like children, from harm. Such a law does not attempt to keep educators from communicating or associating with their students. It merely insures such interactions happen in an appropriate manner and forum.

negative: access information house would block access social messaging networks Police should not block the communications and freedom of expression of law-abiding citizens  The blocking of social networks, of the internet, or of mobile phone networks in times of riot would be an illegitimate curtailment of a private company’s right to do business and serve its customers. Social networks are business and have many users. Even more important is the impact on everyone who is not associated with the rioting. When these actions are taken it harms everyone, perhaps even millions of people at a given time. [1] The action taken by the state to seek to prevent the spreading of the riots is not only ineffective it is also a massive imposition on the rights of the citizens of the polity. Their freedom of speech is curtailed, business is harmed, and the riots continue. Studies of the use of Twitter during the riots in London showed that during rioting it was mostly used to react to the riots to send warnings to avoid trouble rather than incite violence. [2] Blocking access or cutting off communications would therefore mean putting at risk those people who otherwise would have been warned not to go near areas with rioting.  [1] Temperton, J. “Blocking Facebook and Twitter During Riots Threatens Freedom”. Computer Active. 15 August 2011.   [2] Ball, J., and Lewis, P., “Riots database of 2.5m tweets reveals complex picture of interaction”, The Guardian, 24 August 2011.

negative: computers phones internet society youth digital freedoms privacy house would join Facebook has some dangerous consequences  Facebook is becoming more and more integrated into our lives, but unfortunately the uncertainty of who is at the other end of the computer is proving to be a massive threat to our mental and physical safety.  First of all, undoubtedly, rape is one of the most serious and unforgiveable crimes anyone can commit, as it leaves permanent physical and mental scars on women. Unfortunately, Facebook is used by troubled men to take advantage of naive women. They use Facebook in order to get in touch with their victims (often posing as someone who he is not), and after they get to know each other, after he gained the victims trust he deceives her into meeting him, a mistake she’ll regret forever. As physical integrity is one of the rights most fundamental rights, and as Facebook is facilitating the violation of this right, it is absolutely clear that these social networks are detrimental to the society.(1)(2)  Secondly, another level on which Facebook is harmful is cyber bullying. It affects many adolescents and teens on a daily basis. Cyber bullying involves using technology to bully or harass another person. Sending mean Facebook messages or threats to a person, spreading rumours online or posting hurtful or threatening messages on social networking sites are just a few of the ways in which a lot of children get bullied every single day.  “Despite the potential damage of cyber bullying, it is alarmingly common among adolescents and teens. According to Cyber bullying statistics from the i-SAFE foundation:  Over half of adolescents and teens have been bullied online, and about the same number have engaged in cyber bullying. More than 1 in 3 young people have experienced cyberthreats online.”(3)  (1) Justin Davenport “Hunt for ‘Facebook rapists’ before they can strike again” London Evening Standard, 15 November 2012   (2) “Two men gang-rape girl in Kota after befriending her on Facebook”, Times of India, Aug 21, 2013   (3) Bullying Statistics

negative: education general secondary crime policing house supports random drug testing Safeguarding the teacher-student relationship  Random drug tests change the student-teacher relationship from one of trust into one of suspicion, whereby the teachers and the school establishment become a body which many students will perceive as being out to catch them, and suspicious of all. The destruction of this trust makes it far harder for teachers to impart useful information on illegal drugs and the consequences of their use to students, and students may be less willing to seek teachers out on this information. This would lead to students relying increasingly on their peers and the internet for information on illegal drugs, and this information is far more likely to be of questionable policy or influenced by notions of drug use as 'cool' or glamorous. Thus schools' anti-drugs message may be harmed by random drug tests.

negative: education general secondary crime policing house supports random drug testing Right to privacy  Even if a right to privacy (which would prevent random drug testing with no reason for suspicion) does not exist in law in every country, many students being affected by drugs tests will perceive that the notional right to privacy which they believe they possess is being violated. Because they would perceive this violation as a harm, it should not be imposed without good reason. This problematizes the nature of 'random' testing, which by definition means forcing drug tests on individuals on whom there is no reasonable suspicion of drug use.  Firstly, the majority of those being tested will most likely test negative (as the previously cited statistics suggest) and so a majority will be harmed for no fault of their own, but rather as a consequence of the crimes of others. This may be seen as the equivalent of searching all homes in a neighbourhood for an illegal weapon on the suspicion that one of them was hiding it -an action which would be illegal in almost every western liberal democracy.  Further, however, even if students do engage in illegal drug use, random drug tests will additionally catch only those on whom there was previously no suspicion against (as students who show signs of drug use are already usually tested). In order to not already be under suspicion, these drug-using students would have to be engaging in their education, not disrupting the education of others, and not displaying erratic or harmful behaviour. As they are not actively harming others, these students should be subject only to the same standards as individuals in other areas of society: to only have their privacy violated by drugs tests if their behaviour actively brings them under suspicion.

negative: computers phones internet society youth digital freedoms privacy house would join Facebook has a negative impact on learning  For many students, the constant flow of news, status updates, pictures and comments which comes through Facebook every single hour is proving to be a very distracting, which not surprisingly affects their educational progress. It negatively impacts learning. Studies show that students who checked in on social networks while studying had grades that were 20% lower than the grades of those who didn’t.(1)  A 20% difference in grades can be the difference from being awarded a scholarship at a prestigious university at being obliged to enrol in the community college, or very easily between passing and failing. Education is one of the most important things in anybody’s life as it greatly affects future prospects. Of course socialising is important as well but we should try to avoid one negatively affecting the other.  (1) Julie D. Andrews “Is Facebook Good Or Bad For Students? Debate Roils On” April 28, 2011   (2) Larry Rose ”Social Networking’s Good and Bad Impacts on Kids“ American Psychological Association August 6, 2011

negative: access information house would block access social messaging networks Free speech is not useful in this context, as riot is never legitimate in a free society  Riots should not be tolerated in a free society as there are already legal and peaceful methods of dissenting such as through demonstrations, petitions, and contacting your representative in Parliament. It demonstrates a fundamental unwillingness to engage with not only the apparatus of the state, but society more generally. Rioters have no regard for the public, and the violence and damage they cause harms everyone. Riots tend to do little to actually challenge the state, but rather they tend to harm the most disadvantaged, those who happen to be in the vicinity of the mobs. The freedom of speech social media provides to its users is being fundamentally misused in the context of riots. [1] When speech is used to organize violence, it must be curtailed for the sake of society as individuals security and safety is more important that freedom of speech that is briefly curtailed. Violence damages long after the event whereas those who have their freedom of speech curtailed for a few hours can swiftly voice their opinions once the riot has ended and the block lifted.  [1] Thomson, A. and Hutton, R., “UK May Block Twitter, Blackberry Messaging Services in Future Riots”. Bloomberg. 11 August 2011.

negative: The chances of accidents would be miniscule as teacher would be trained to carry the gun and would keep it with them at all times when in the classroom so there would be no chance of the students playing with the gun. The deterrence effect of having guns in school is likely to mean that the number of shootings will go down rather than up. Finally if it was an armed teacher who perpetrated the shooting then they would have been able to commit that atrocity regardless of whether s/he was allowed to carry a gun in school.

negative: Limiting the rights of corporate persons would harm a wide range of organisations and limit the freedom of natural persons.  Public speech and exchanges of ideas lie at the root of political and social decision making in liberal democracies. Without a guarantee that expression will remain free and protected from government interference, the other rights discussed in the first amendment to the United States constitution would become impossible to exercise. The discussion and pursuit of religious ideas would be obstructed. The ability to challenge the actions and decisions of an incumbent government would be put at risk too [1] . Even the reporting of verifiably true information about the affairs of the state and its citizens- freedom of the press- would become hazardous without the toleration for inaccuracies and the concept of public interest that principled freedom of speech gives rise to.  In order for a right to be meaningful, however, it must be possible to exercise that right effectively. A right to free movement would be meaningless if the government that guaranteed it was unable to keep its citizens safe within their communities. Similarly, free speech in liberal democracies cannot be exercised effectively without the ability to disseminate speech among a large audience, and without the ability to co-operate with others in order to do so. Isolated oratory and passing on news by word-of-mouth are not effective ways of handling information.  Corporate entities have emerged as the most effective method of pooling individual resources in order to take full advantage of the benefits and freedoms of free speech and dialogue [2] . As the columnist George Will observes, in the USA “newspapers, magazines, broadcasting entities, online journalism operations- and most religious institutions- are corporate entities.” [3] The proposition side advocates depriving these bodies of many of their rights, simply because they benefit from a legal fiction that- itself- is designed to make co-operation and resources sharing among like-minded individuals- natural persons- more effective.  The difficulties presented by corporate campaigning would allow the state to restrain the publication of almost any coherent, publicly distributed form of speech that was critical of politicians or their parties. The legal scholar Eugene Volokh has noted that Jim McGovern's People's Rights Amendment, which most closely resembles the proposition's mechanism, would give legislators fiat to restrict the content of newspapers by defining it as “corporate” speech that did not benefit from the same set of rights as the expressed opinions of natural persons. This is a wider application of the rule that brought Citizens United and the BCRA before the supreme court [4] . As set out in the introductory case study, the BCRA allowed the Federal Election Commission to claim that a movie (produced by a right-wing PAC) critical of democratic presidential hopeful Hilary Clinton represented a misuse of private funds that could potentially give an unfair advantage to Clinton's opponents.  Under the sections of the BCRA that were struck down in 2012, and under the new laws that proposition wish to create, it would be possible for legislative bodies and the judiciary to target any and all forms of political communication produced by corporate entities without having to consider the objectives of those communications. In plainer terms, the state's power to ban and censor free speech would not be limited to statements made to lobby an electorate or to campaign in favour of a particular politician or policy.  Citizens who wished to avoid being caught up in this law would be obliged to share resources via archaic legal structures such as partnerships and co-operative agreements. Assemblies of citizens could be exposed to a great deal of financial risk in such a situation. Each member of a partnership would be forced to bear the debts and legal liabilities of the entire partnership. In addition, agreements concluded by the partnership would require the consent of every partner. This is a minor inconvenience when a partnership consists of two or three people, but it would be an impossible demand to fulfil for an organisation such as the communications giant ComCast, which has a share volume of 10.5 million (as of May 2012).  [1] “Taking a Scythe to the Bill of Rights”. Will, G F. The Washington Post, 05 May 2012.   [2] “Infant and corporate rights”. The Economist, 07 May 2012.   [3] “Taking a Scythe to the Bill of Rights”. Will, G F. The Washington Post, 05 May 2012.   [4] “The ‘People’s Rights Amendment’ and the media”. Volokh, E. The Volokh Conspiracy, 26 April 2012.

negative: access information house would block access social messaging networks The state can use blocking Twitter and its ilk as precedent to censor the internet in the “public interest”  The state always likes to expand its powers over speech, particularly when that speech is damaging to the government’s credibility. The freedom of speech is a critical right in all free societies precisely because it is the ultimate check ordinary citizens have to challenge the powers that be, to express dissent, and to organize with like-minded people dissatisfied with the way government is running. The internet has been the most powerful and valuable tool in the expansion of individuals’ power of their governments. [1] The state quakes at the raw people power services like Twitter provides. It is the last frontier largely free of the state’s power, and the state has sought to expand its influence. By blocking Twitter the government would be able to get its first foothold in blocking free speech online. [2] The power of that beachhead would serve to give it further credibility in censoring other services online in the public interest. It is much better that the government be kept entirely out of these services, than let them begin the slow creep of intervention that would be a serious threat to the freedom of individuals on the internet.  [1] Anti-Defamation League. “Combating Extremism in Cyberspace”. 2000.   [2] Temperton, J. “Blocking Facebook and Twitter During Riots Threatens Freedom”. Computer Active. 15 August 2011.

negative: reputation and defamation house believes spear should have remained Pluralism and Political Interference  The removal of ‘The Spear’ from the Goodman Gallery and the City Press also hints at a threat to pluralism, especially when one considers the political nature of the campaign to have such images removed.  While Jacob Zuma attempted to have the image banned in a personal capacity, the intensive campaigning by both the ANC and the Congress of South African Trade Unions (COSATU) against both the Goodman Gallery and City Press [1] hints at a dangerously political action taken by those with close access to power over the South African state.  This should be cause to worry. Chapter Two of the Constitution of South Africa, in place since 1997, protects freedoms such as Freedom of Speech and Freedom of Association. [2] The intimidation of Art Galleries and Newspapers threatens the free exchange of ideas that occurs in these areas, as well sending an implicit image by its supports that criticism of the Government cannot be tolerated.  If neither the Gallery nor City Press removed the image of ‘The Spear’ from public view, then a clear message would have been sent that the principles of Free Speech, Free Association and Freedom of Intimidation outlined in the Constitution is to be upheld at all times, regardless of who may take offence at what is being said. It is important in the South African context to protect the right to criticise the government and voice opinions that vary from the ideals of the majority. It is worrying what kind of message is sent by those close to the South African Government that intimidation seems to be the appropriate response to criticism such as this rather than asking why such criticism is there in the first place.  [1] Mthembu, Jackson, ‘ANC calls on all South Africans to boycott buying City Press Newspaper and to join the protest match to the Goodman Gallery’, African National Congress, 24 May 2012,   [2] ‘Constitution of the Republic of South Africa’, Statutes of the Republic of South Africa, 4 February 1997,

negative: censorship ip internet digital freedoms access information house would censor While in a tiny minority of cases, such social networking sites can be used malevolently, they can also be a powerful force for good. For example, many social networking pages campaign for the end to issues such as domestic abuse [1] and racism [2] , and Facebook and Twitter were even used to bring citizens together to clean the streets after the riots in the UK in 2011. [3] Furthermore, this motion entails a broader move to blanket-ban areas of the internet without outlining a clear divide between what would be banned and what would not. For example, at what point would a website which discusses minority religious views be considered undesirable? Would it be at the expression of hatred for nationals of that country, in which case it might constitute hate speech, or not until it tended towards promoting action i.e. attacking other groups? Allowing censorship in these areas could feasibly be construed as obstructing the free speech of specified groups, which might in fact only increase militancy against a government or culture who are perceived as oppressing their right to an opinion of belief [4] .  [1] BBC News, ‘Teenagers’ poem to aid domestic abuse Facebook campaign’, 4 February 2011,  on 16/09/11  [2] Unframing Migrants, ‘meeting for CAMPAIGN AGAINST RACISM’, facebook, 19 October 2010,  on 16/09/2011.  [3] BBC News, ‘England riots: Twitter and Facebook users plan clean-up.’ 9 August 2011,  on 16/09/11.  [4] Marisol, ‘Nigeria: Boko Haram Jihadists say UN a partner in “oppression of believers”’, JihadWatch, 1 September 2011,  on 09/09/11

negative: mployment tax politics government house would abolish all collective bargaining Collective bargaining is not a right  Whilst the freedom of association exists under the state and it is true that people should be allowed to communicate with one another and form groups to forward their personal and political interests, it is not true that the freedom of association automatically grants access to the decision making process.  Unions in this instance are problematic because whilst other groups do not have access to special privileges, unions are able to exert a significant and disproportionate amount of influence over the political process through the use of collective bargaining mechanisms. This argument applies to private unions as well, although to a lesser extent, and the banning of collective bargaining for private unions would be principally sound. In the case of unions in the private sector they can cause large amounts of disruption which has a large knock on impact on the economy giving leverage over politicians for whom the economy and jobs are always important issues. For example unions in transport in the private sector are just as disruptive as in the public sector. Even more minor businesses can be significant due to being in supply or logistics chains that are vital for important parts of the economy.1 The access to the decision making process that unions are granted goes above and beyond the rights that we award to all other groups and as such this right, if it can be called one at all, can easily be taken away as it is the removal of an inequality within our system.  Further, even if collective bargaining were to be considered a “right,” the government can curtail the rights of individuals and groups of people should it feel the harm to all of society is great enough. We see this with the limits that we put on free speech such that we may prevent the incitement of racial hatred.2  Shepardson, David, “GM, Ford warn rail strike could cripple auto industry”, The Detroit News, 30 November 2011,   Denholm, David “Guess What: There is no ‘right’ to collective bargaining.” LabourUnionReport.com 21/02/2011

negative: access information house would block access social messaging networks Non violent methods of disrupting riots must be tried before using force  When riots are on-going then the police needs to act but the safety of everyone involved should be considered to be paramount. If a riot will not disperse peacefully then the police often find they need to use batons, water cannon, or even in extremis tear gas or rubber bullets. It is the police’s duty to bring back public order by stopping riots through these methods. However this should not be at the expense of a much more preventative approach that shutting down social media networks would allow. If during instances of rioting the police are able to prevent those rioters from encouraging their friends to join them so expanding the riots then this is the right course of action to take. Rioters used social media like activists, to outmanoeuvre the police targeting areas where there was little police presence. Cutting off their means of communication would make this much harder and less effective. [1] This has been used effectively in the past; the San Francisco BART, shut down mobile phones on its network to prevent protests which it feared could lead to clashes with commuters, it may well have been the reason why there were no such protests, but it did spark outrage over violations of freedom of speech. [2]  [1] O’Rourke, Simon, “Empowering protest through social media”, Edith Cowan University Research Online, 2011,  P.51  [2] Cabanatuan, M., “BART admits halting cell service to stop protests”, SFGate,

negative: computers phones internet society youth digital freedoms privacy house would join Facebook is bad for life satisfaction  Every single day, there are millions of users sharing photographs, messages and comments across Facebook. Unfortunately, this type of “online socialization” that Facebook has initiated is nothing but detrimental to the teenagers, the most frequent users of the platform. The emotion which is most common when staying online is envy. “Endlessly comparing themselves with peers who have doctored their photographs, amplified their achievements and plagiarised their bons mots can leave Facebook’s users more than a little green-eyed.”(1)  Not only do they get envious, but they also lose their self esteem. As a result, they have the tendency to be isolated and find it harder to socialize and make new friends due to the bad impression they have for themselves. In a poll, 53 per cent of the respondents said the launch of social networking sites had changed their behaviour - and of those, 51 per cent said the impact had been negative.(2 ) One study also backs this statistics up by finding that the more the participants used the site, the more their life satisfaction levels declined.(3)  In conclusion, daily use of social networks has a negative effect on the health of all children and teenagers by making them more prone to anxiety, depression, and other psychological disorders.(4)  (1) “Facebook is bad for you”, The Economist, Aug 17th 2013   (2) Laura Donnelly “Facebook and Twitter feed anxiety, study finds” The Telegraph, 08 Jul 2012   (3) “Facebook use 'makes people feel worse about themselves' “, BBC News, 15 August 2013   (4) Larry Rose ”Social Networking’s Good and Bad Impacts on Kids“ American Psychological Association August 6, 2011

negative: access information house would block access social messaging networks Preventing word from getting out through social media and stopping those who inevitably try to take advantage of the rioting to ferment violence elsewhere is not something the police should be doing. In a free country anyone should be allowed to report on what they are doing and on riots that are occurring. Moreover a shutdown would be ineffective at preventing the news getting out as the traditional media would still be broadcasting. In 270 interviews done by researchers into the riots more than 100 people said they heard about the riots through TV news, more than through social media. [1]  [1] Adegoke, Y., and Ball, J., “Twitter? Facebook? Rioters saw it on TV”, guardian.co.uk, 7 December 2011.

negative: While a government has a responsibility to protect its population, it also has a responsibility to defend their freedom of choice. The law steps in to prevent citizens causing harm to others, whether deliberately or accidentally. However, it should not stop them taking risks themselves - for example, dangerous sports such as rock-climbing, parachuting or motor-racing are legal. It is also legal to indulge in other health-threatening activities such as eating lots of fatty foods, taking no exercise, and drinking too much alcohol. Banning smoking would be an unmerited intrusion into personal freedom.  As the proposition points out, cigarettes are not dangerous because they are defective; rather they are inherently, potentially, harmful. But people should still be allowed to choose to buy and smoke them. A better comparison is to unhealthy foods. High cholesterol or a high intake of fat can be extremely harmful, leading to heart disease, obesity, and other conditions; but manufacturers of these products are not punished. Consumers simply like the taste of fatty food. People should be allowed to smoke cigarettes and to eat fatty foods - both these things are sources of pleasure which, while having serious associated health risks, are only fatal after many decades, unlike a poisonous food or an unsafe car, which pose immediate and high risks.

negative: th addiction health general law crime policing house supports legalisation drugs Drugs are dangerous, and the governement should discourage its use  The government has a responsibility to protect its citizens; if a substance will do people and society significant harm, then that substance should be banned. There is no such thing as a safe form of a drug. Legalization can only make drugs purer, and therefore perhaps more deadly and addictive. Many illegal drugs are closely related to potentially dangerous medicines, whose prescription is tightly restricted to trained professionals, but the proposition would effectively be allowing anyone to take anything they wished regardless of the known medical dangers.  However entrenched in modern culture drugs may be, legalising them will only make them appear more acceptable. The state has a duty to send out the right message, and its health campaigns will be fundamentally undermined by the suggestion that drugs are harmless, which is what will be understood from their legalisation – just like when cannabis was downgraded in the UK.

negative: p ip internet digital freedoms intellectual property house would use Downloading isn’t a crime  Downloading content is not comparable to theft of material things, like cars: after downloading the original owner can still use his or her own copy.  Moreover: governments have always allowed consumers some leeway for replicating content for themselves under the ‘private copying exception’ or ‘fair use’-policy. [1] Before the internet came along, this exception ensured it was legal that one person could copy a song from a radio broadcast transmission for personal use. Why should downloading a song from the internet be any different?  Finally, research has shown that those who download the most from pirate sites are also the ones who buy the most music online legally – why would the content industry want to punish their biggest and most loyal customers?. [2]  [1] Natali Helberger & P. Bernt Hugenholtz, ‘No place like home for making a copy: private copying in European copyight law and consumer law’. 2007. Berkely Technology Law Journal, volume 22, p. 1061 -1098. URL for PDF:   [2] Ars Technica, ‘Study: pirates biggest music buyers. Labels: yeah, right’. April 2009. URL:

negative: Sex education for underage children undermines the law  Sex education classes for those under the age of consent undermines the law. It says, ‘don’t do this – but given that you are, do this, this and this.’ This sends a terrible message about the law – that breaking it isn’t serious, that authority (as represented by teachers) tacitly approves of that illegality, will tolerate it and even encourage it.  Sex education fails to tell our children clearly what is right and what is wrong. And remember that these are children, who need clear boundaries to guide their behaviour, and who may not understand the subtleties appreciated by liberal educationalists. In any case, so few teachers want to teach this subject that the quality of teaching is awful. Those that do end up teaching it are often the oddest characters in the teaching establishment. Many teachers happy to ‘cover’ other subjects are uniquely embarrassed by this one, or object to it on moral grounds and will not do so, leaving it to the most liberal members of staff.

negative: reputation and defamation house believes spear should have remained Public Decency  Freedom of Speech is something that is highly valued, particularly in a country such as South Africa, where it was in short supply for a large part of its history, but surely for such speech to be worthwhile, it has to be able to convey a message that actually enriches the public domain. Such messages can be critical of government, but it must be best if they do not cause widespread offence in the process.  The problem with ‘The Spear’ is that is causes widespread offence with the graphic depiction of the male genitalia. As a result, the underlying message that Brett Murray is trying to convey is lost in the offence image of the exposed penis, causing needless controversy in the process. [1]  The utilisation of an exposed penis in ‘The Spear’ breaches all notions of public decency, not only causing offence in the public domain, but also personal offence, by depicting President Zuma in such a lewd manner. As such, it is right to ask for the removal of the artwork from public display to prevent further offence from being caused.  [1] Robins. P, ‘The spear that divided the nation’, Amandla, 2012,

negative: This is an illegitimate violation of national sovereignty.  Human rights are a social construct that are derived from the idea that individuals have created on the subject. States empower individuals to have the capacity to do things and thus allow for practical rights to exist. The rights they allow or disallow, whether “human rights” or otherwise, are simply constructions of the state and its denial of certain rights is therefore legitimate practice of any state [1] .  The imposition of one state’s conception of what rights should or should not be protected is in no way morally justifiable or universally applicable. Different religions and cultures create different constructs of human dignity and humanity and thus believe in different fundamental tenets and “rights” each person should or should not have.  It is not legitimate to impede upon another state’s sovereignty due to subjective consideration imposed upon the less powerful by the superpowers of the global system.  [1] Burke, Edmund. "Reflections on the Revolution in France." Exploring the French Revolution. N.p., n.d. Web. 7 Jun 2011. <  .

negative: However it is dressed up, all the military is interested in schools for is the chance to recruit students. The various educational materials (not always clearly marked as coming from the military) and courses on offer are all intended to interest students in a military career. Such methods are dishonest and should not be allowed in schools; Paul McGarr, a teacher in East London, stated that 'only when recruiting materials gave a true picture of war would he welcome them into his school'1. If students are genuinely interested in joining the military, they can go along to a recruitment centre outside school, potentially with their parents, and ask the necessary questions there. 1 Goff, H. (2008, March 25). Teachers reject 'Army propaganda'. Retrieved May 18, 2011, from BBC News:

negative: Many states do not in fact have a structured school inspection system that could enforce such a ban. The United States, for example, has one of the largest student bodies in the world but the state does not have a formal inspection system that could enforce a ban on homework. Therefore any ban would only prove a recommendation at best, and could not possibly hope to be enforced.  Furthermore, even in those states that do have inspection bodies, the regularity of inspections allows school principals to prepare for their arrival. Students might be forced by their teachers to lie to inspectors, otherwise they would receive even more homework. Furthermore, the school inspections are partly so that they can test the ability of students – therefore teachers are encouraged to give their students homework so that they do better on these inspections.

negative: law general philosophy life house believes suicide should be criminal offence Prohibiting suicide sends the message that it is not an acceptable behaviour  Individual action is shaped by what norms and standards are set by society. By prohibiting suicide, society sends out a message that it is not an acceptable action. Legislation is a useful social tool, in that it proscribes the limits of individual action. And by failing to prohibit suicide, society fails to add the ultimate sanction of its laws into the balance of any decision whether or not to commit suicide. Many of those who have tried and failed to commit suicide never attempt it again. This suggests that many who kill themselves do so because of their particular short-term circumstances, perhaps while ill, suffering financial problems or under emotional stress, rather than through a considered and rational decision. More than 30% of suicides are precipitated by intimate partner problems, more than 10% by jobs problems and 10% by financial problems. [1] Given this, even a small deterrent will help to save many lives that are currently wasted needlessly.  [1] Canters for Disease Control and Prevention, ‘Suicide: Data Sources’, 26 August 2011,

negative: The US magazine Time found research in 2007 that suggested that private schools do not provide a better education than state schools, they do however have a higher percentage of students who would do well in any situation. This means that these children would not lose out by going to state schools. ‘The study says that it is "the kinds of economic and resource advantages their parents can give [students]" — as well as the level of parental involvement in their kids' education —that determines success or failure in high school. The problem isn't in the schools; it's with social inequality’ (Time.com).  The second criticism is that statistics provided by the argument are true only because private education exists, and takes all the best teachers, head teachers and resources away from state schools. If public schools were banned then state schools would gain more teachers and resources and thus would raise to the standards currently occupied by private schools. In a study by Hill and Guin for the University of Washington found that in the US more experienced teachers taught in private schools, thus in theory improving levels of teaching due to experience. (University of Washington2003).

negative: e internet freedom politics government digital freedoms freedom Regulating the Internet is a means for governments to spy on their citizens  Governments around the world are tracking their citizens’ activities online. [1] They can use all sorts of techniques, like automated data-mining (i.e. via trawling your Facebook and Twitter accounts) and deep packet inspection of each electronic message sent (i.e. intercepting and reading your email). All these methods are violations of important principles.  The automated data-mining violates the principle that people shouldn’t be investigated by their governments unless there is warrant for it (so there is reasonable suspicion that they have been involved in a crime). Also, data mining creates many false positives, leading to citizens being thoroughly investigated without probable cause. [2] Deep packet inspection violates people’s fundamental right to secrecy of correspondence, which is a violation of privacy.  The problem with these government policies is that they’re hard to control – even in democracies: much of the spying is done by intelligence agencies, which are often able to evade democratic control on account of the need for secrecy rather than transparency. [3]  [1] Reporters Without Borders, Enemies of the internet, 2012 and Kingsley, Britain won’t be the only country snooping on people’s internet use, 2012  [2] US Researchers Decide Spying On Citizens Is Bad, 2008  [3] Electronic Frontier Foundation, ‘NSA Spying’.

negative: Collective Bargaining is Not a Right  Whilst the freedom of association exists under the state and it is true that people should be allowed to communicate with one another and form groups to forward their personal and political interests, it is not true that the freedom of association automatically grants access to the decision making process.  Unions in this instance are problematic because whilst other groups do not have access to special privileges, unions are able to exert a significant and disproportionate amount of influence over the political process through the use of collective bargaining mechanisms. This argument applies to private unions as well, although to a lesser extent, and the banning of collective bargaining for private unions would be principally sound. In the case of unions in the private sector they can cause large amounts of disruption which has a large knock on impact on the economy giving leverage over politicians for whom the economy and jobs are always important issues. For example unions in transport in the private sector are just as disruptive as in the public sector. Even more minor businesses can be significant due to being in supply or logistics chains that are vital for important parts of the economy. [1] The access to the decision making process that unions are granted goes above and beyond the rights that we award to all other groups and as such this right, if it can be called one at all, can easily be taken away as it is the removal of an inequality within our system.  Further, even if collective bargaining were to be considered a “right,” the government can curtail the rights of individuals and groups of people should it feel the harm to all of society is great enough. We see this with the limits that we put on free speech such that we may prevent the incitement of racial hatred. [2]  [1] Shepardson, David, “GM, Ford warn rail strike could cripple auto industry”, The Detroit News, 30 November 2011,   [2] Denholm, David “Guess What: There is no ‘right’ to collective bargaining.” LabourUnionReport.com 21/02/2011

negative: Everyone gains something from university, whether quantifiable or not. Simply getting out in to the world and meeting more people – not just minorities and other social groups, but even a wider variety of people within your own social group – is an effective way to learn to think more broadly. Many university students live away from home for the first time, forcing them to do things for themselves and learn how things like personal finance work. It also allows them space to explore themselves and shape their own principles. Non-academic activities within university can also broaden horizons and teach new things such as joining student clubs or societies, such as the debating society. Although university may not be the only way of doing this, it has proven effective over the years, so it’s not true to say non-academic people get absolutely nothing from it.  Despite the problems associated with a degree culture, there are other problems with a non-academic culture. Academia creates things: products and inventions in the case of sciences, and thoughts or ideas in the case of humanities (and even though some people argue against government funding for humanities, almost no-one argues they should not be studied at all). Sustaining this creativity requires at least some new people entering the field, bringing their own insights and approaches. For this to happen, it has to be both respectable and accessible. A government policy against academic courses will cripple this and damage all of us.

negative: Corporates that attempt to address social issues damage political discourse.  Corporate personhood is a challenging concept for liberal democracies. On the one hand, the legal fiction that underlies personhood enables groups of citizens to quickly and efficiently join forces to make collective grievances heard and to use weight of numbers to match the influence of wealthier individuals. However, corporations, particularly in the business context, can also be large and unaccountable organisations.  This proposition must address two issues. First, whether acts of free expression engaged in by corporations generally should benefit from the same protection as acts of expression engaged in by individuals. Second, whether there should be more scrutiny of the membership and objectives of corporations – or whether corporations should receive rights conditional on their activities.  If we follow the reasoning in the Citizens United case, which radically changed the interpretation of corporate speech rights in American law, it is clear that acts of corporate speech should benefit from a high standard of protection. Corporations can take the form of churches, trades unions or political campaigning groups [1] . The fiction of personhood allows these organisations to operate more freely, ignoring many of the bureaucratic burdens associated with partnership organisations. It also allows citizens to found non-profit making groups, such as PACs, without the risk of being made liable for the debts that those groups generate.  Profit-led corporations may be used to publish examples of free expression, without necessarily wishing to influence or misuse the ideas expressed. The publishers of political science textbooks, of annotated editions of Kapital and of Capitalism and Freedom are still profit-led businesses. In short, free speech in liberal democracies cannot be exercised effectively without the ability to disseminate speech among a large audience, and without the ability to co-operate with others in order to do so. For this reason, where a corporation is permitted to engage in free expression, the contents of its acts of expression should not be subject to restrictions that differ radically from those applied to individual acts of expression.  But what about the second issue? Natural persons are allowed- as a general rule- a broad right to free expression. This right is subject to certain caveats, but there is always a presumption that expression should be free and subject to as few limitations as possible. Should corporations benefit from the same presumption? No. The proposition side suggests that corporations’ access to constitutional free speech rights should depend on their goals, objectives and membership.  Corporations, unlike natural persons, are inflexible in their motives and influences. Free speech is preferable to conflict because it acts as a conduit for compromise, but before compromise can take place it must be possible for the participants and audience in a discussion or an exchange of views to be influenced by their opponents’ arguments. Profit-led corporations owe a very specific duty to their shareholders- the individual who support and constitute the corporation. Under the corporate-laws of almost all liberal democracies, business corporations must act in their interests, and this invariably means generating profit and increasing the value of the equity that each shareholder has in the business [2] . Because this duty is a legal one, and failure to uphold it can be cause to remove corporate decision makers (directors and executives) from their jobs and even to bring them to trial.  This behavioural imperative is absolute. Were a business corporation to announce that it would no longer operate with profit as its core priority, it would collapse [3] . Even if this process might not be inevitable in the real world, it still informs corporate culture to a significant degree. Natural persons are flexible and pragmatic; at the very least they have the potential to be so. Profit-led corporations are not. Free speech rights exercised by a profit-led corporation will always be exercised in the service of the profit motive.  [1] Citizens United v Federal Election Commission. Supreme Court of the United States, 21 January 2010. 558 US  [2] Bakan, J. “The Corporation”, Free Press, 2004  [3] “Kay needs to replace ‘shareholder value’ with ‘corporate value’.” Professor Simon Deakin. Financial times, 20 March 2012.

negative: access information house would block access social messaging networks Blocking social networks will not work  How are the police to block social networks when riots are ongoing? The idea that blocking an individual network like Twitter would stop online networking and reporting during riots is laughable and misunderstands the rapidity with which the internet community adapts to changed circumstances and attempts at censorship. Blocking Twitter might work once, but never again. This is why there have been suggestions that the police would go further and either cut off the internet or phone networks as they would effectively need to impose a communications blackout in order for it to be successful, much as the Chinese does in Tibet when there is unrest. [1] Even then the action may not work, rioters will likely simply post pictures and encouragement for the next night’s rioting once the internet and mobile connections are restored as governments would have to do if they did not want to affect the law abiding majority during the day.  [1] Branigan, T., “China cut off internet in area of Tibetan unrest”, The Guardian, 3 February 2012.

negative: crime policing punishment society house believes criminal justice should focus more A sanction should not merely be helpful – it should treat the offending conduct as wrong. The purpose of punishment is to show disapproval for the offender’s wrongdoing, and to clearly condemn his criminal actions. This is what was and is being done with the offenders of the August riots, the most common example is of an the two men who attempted to organise riots using Facebook, both were sentenced to four years and shows societies disgust in the events of the riots and acts as a message for future. [1]  A prison sentence is as much a punishment for the offender as a symbol of the reaction of society. Society creates law as an expression of the type of society we are aiming to create. This is why we punish; we punish to censure (retribution), we do not punish merely to help a person change for the better (rehabilitation). We still have to punish a robber or a murderer, even if he is truly sorry and even if he would really, really never offend again and even if we could somehow tell that for certain. This is because justice, and not rehabilitation, makes sense as the justification for punishment.  Why is justice and censure (‘retribution’) so important? Because unless the criminal justice system responds to persons who have violated society’s rules by communicating, through punishment, the censure of that offending conduct, the system will fail to show society that it takes its own rules (and the breach of them) seriously. There are other important reasons as well: such as to convey to victims the acknowledgement that they have been wronged. Punishment, in other words, may be justified by the aim of achieving ‘justice’ and ‘desert’, and not by the aim of rehabilitation.  [1] Bowcott, Owen, Haroon Siddique and Andrew Sparrow, ‘Facebook cases trigger criticism of ‘disproportionate’ riot sentences’, guardian.co.uk, 17 August 2011 .

negative: education general secondary crime policing house supports random drug testing Students who do not use illegal drugs do have something to fear - the violation of privacy and loss of dignity caused by random drug tests. They may well feel that they are being treated as under suspicion with no evidence or cause, and resent this imposition upon their privacy. Indeed, the indignity of drugs testing may compel children who are already in a position of vulnerability as a result of social marginalisation or personal or family problems to drop out of school entirely.


query: An ICC enforcement arm would make the ICC more credible as an organization  To its critics, the ICC is an organization that can be mocked with Stalin’s dismissal of the influence of the Pope: “how many divisions does he have?”  An ICC capable of arresting its own fugitives would become a more credible organization, not only due to the show of competence through the arrests – it would lead to more trials, and more convictions, that would help contribute to the acceptance of the ICC as a serious court that is effective at bringing international criminals to justice. A legal institution needs to be effective to remain credible. [1] This would make countries much more likely to cooperate because the ICC would be doing more to help them by providing some of the necessary resources.  Henry Kissinger apparently said “Who do I call if I want to speak to Europe?” (he is not sure he said it) because there is no single European leader, and if the US wants political or military cooperation it calls the UK or France. In much the same way if countries need help apprehending and convicting someone they are much more likely to call in the ICC if it can actually help them catch the wanted person. [2]  [1] Perritt, Henry H., ‘Policing International Peace and Security: International Police Forces’, Chicago-Kent College of Law, March 1999,  p.293  [2] Sobczyk, Marcin, ‘Kissinger Still Lacks a Number to Call Europe’, The Wall Street Journal, 27 June 2012,

positive: crime policing international law house believes icc should have its own enforcement Just creating a force to bring suspects to trial would not necessarily be enough to make the ICC a more credible organization. That would have to come through more measures and building multilateral support in areas where situations have been referred to the council. This increase in credibility of the ICC also comes at the expense of the sovereignty of the states that call the ICC force in. Many nations would much prefer the current system where it is clearly solely within their purview to arrest criminals on their soil, creating a competitor with its own police force will be considered by many to be undermining their sovereignty so damaging not improving the chances of a state being willing to involve the ICC.

negative: crime policing international law house believes icc should have its own enforcement ICC enforcement would create resentment  There are good reasons for why an ICC enforcement arm would be ineffective on its own. It may have all the necessary equipment and training but it would be a foreign force, that may or may not be seen as legitimate, attempting to arrest a native of that country. The result would be resentment in the community at the intrusion. This regularly occurs to national police forces when policing in minority areas. In London the Brixton race riots were seen by one inquiry as “essentially an outburst of anger and resentment by young black people against the police” as the police did not represent them. [1] The result with the ICC as elsewhere would likely to at the least be a lack of cooperation, and with most of the force unable to speak the native language altering perceptions would be difficult. Such a force may bring even fewer results than using local forces and would provide a scapegoat for local politicians. [2]  [1] Bowling, Ben, and Phillips, Coretta, ‘Policing ethnic minority communities’, LSE Research Online, 2003,  p.4  [2] Perritt, Henry H., ‘Policing International Peace and Security: International Police Forces’, Chicago-Kent College of Law, March 1999,  p.294

negative: crime policing international law house believes icc should have its own enforcement What price justice? The ICC has been supported by a large number of states who accept that, while it does cost money, the ICC is the only effective way to bring war criminals and those who commit crimes against humanity to trial, provide them with a fair trial and sentence them appropriately. If that is the goal, states should be willing to finance means towards it. While the ICC’s existing budget of over €100M is substantial, it is dwarfed by, for example, the £4bn budget of London’s Metropolitan Police. In such context €100M is not a large amount to pay to bring international criminals to justice. The people the ICC pursue often engage in widespread destruction, apprehending them quickly may actually save rather than cost money by preventing such damage.

negative: Even if the ICC brings proceedings, that does not guarantee that individuals, even if captured by forces that oppose them, will be transferred over to the ICC – the new Libyan government is still holding Saif Gaddafi. [1]  The ICC can also only act when the state is unwilling or unable to provide a trial – this this is the principle of complementarity. However there is not ICC force that can act to arrest a suspect. This means in effect that it will be down to the forces on the ground which may mean summary justice by those who capture the suspect if they think it won’t get a sufficiently stiff sentence at the ICC – there is no death penalty.  At any rate, many in Syria would want to see a fully military conclusion to the conflict, rather than any result through the international courts or a political settlement.  [1] Aliriza, Fadil, ‘Is Libya too scared to put Said Gaddafi on trial?’, The Independent, 16 August 2013,

negative: The ICC has no real enforcement mechanism and cannot be a force for good if it has no way of ensuring prosecution.  The court has no obvious enforcement mechanism, as it ultimately relies on states to take action in finding and turning over criminals. Although it can issue search warrants and declare that governments are not doing enough to prosecute criminals, that does not translate into real-world change that gets closer to punishing criminals. There is no reason for nations to submit to a court with no enforcement mechanism while simultaneously exposing themselves to a variety of risks as outlined in other arguments.1 For example, Chad is a party of the ICC but welcomed Sudanese President Omar al-Bashir in July 2010. Although Chad was technically obligated to arrest him, there was no arrest made and Chad's president Idriss Deby welcomed Bashir with open arms, clearly demonstrating the ICC's lack of enforcement powers.2  1 Nanda, Ved P. "The Establishment of a Permanent International Criminal Court: Challenges Ahead." Human Rights Quarterly, Vol. 20 No. 2, May 1998, 413-428.  2 Reuters. "Bashir Returns to Sudan After Defying ICC in Chad." 24 July 2010. Accessed 14 August 2011.

negative: The ICC is slow  has resulted in a conviction is against Thomas Lubanga – the trial took eight years from arrest to conviction. [1] The option of trying Yanukovych in the Ukraine with outside help in the process is therefore a better idea. The Council of Europe’s Secretary General has already offered “legal… expertise… by the International Advisory Panel (IAP), which will oversee investigations into recent acts of violence. I expect the IAP to start its work in Ukraine as early as next week.” [2] The OSCE too will help “efforts to establish facts on acts of violence and human rights violations.” [3] Clearly the Ukraine would be in a good position to provide a free and fair trial for its former president that could bring justice much faster than the ICC while also showing justice being done in the right place.  [1] Open Society Foundations Justice Initiative, ‘background’, lubangatrial.org,   [2] Jagland, Thorbjørn, ‘Secretary General Jagland welcomes the Agreement on the Settlement of the Crisis in Ukraine’, coe.int, 21 February 2014,   [3] Burkhalter, 2014,

negative: The ICC interferes with national operations (both military and humanitarian) because of how loosely the Rome Statue can be interpreted.  A large issue with the ICC is that it subjects member states to definitions that can be interpreted in a number of ways. For example, University of Chicago law professor Jack Goldsmith explains that the ICC has jurisdiction over “a military strike that causes incidental civilian injury (or damage to civilian objects) ‘clearly excessive in relation to the concrete and direct overall military advantage anticipated.’ Such proportionality judgments are almost always contested.” [i]  First, nations have a first and foremost obligation to protect their own citizens, but states’ ability to fulfill this duty would be hindered by the threat of ICC prosecution. Certain nations face asymmetrical warfare – for example, the US routinely fights combatants who use innocent human shields, soldiers disguised as civilians, hostage-takers, etc. When put in context, the US has had to take certain actions that would constitute war crimes in order to fulfill its overarching obligation to its own people; strict compliance with the ICC’s standards would deny countries’ abilities to protect their own people. [ii]  Second, the fear of prosecution by the ICC would discourage humanitarian missions, decreasing the protection of rights globally. A study noted that the United States, a nation that sends hundreds of thousands of troops on peacekeeping missions, could have been held responsible for war crimes or crimes of aggression for its interventions in places like Bosnia and Sudan. [iii]  [i] Goldsmith, Jack. “The Self-Defeating International Criminal Court.” The University of Chicago Law Review, Vol. 70 No. 1, Winter 2003, 89-104.  [ii] Schmitt, Michael. “Asymmetrical Warfare and International Humanitarian Law.” The Air Force Law Review, 2008.  [iii] Redman, Lauren Fielder. “United States Implementation of the International Criminal Court: Toward the Federalism of Free Nations.” Journal of Transnational Law and Policy, Fall 2007.

negative: Prosecutions are an impediment to peace negotiations  A prosecution against a prominent military or political figure could jeopardize faith in the international community, which would be harmful to peace negotiations. Prosecuting one side would effectively allocate blame, damaging Israel’s position. Sharon may have been the only man who could have led the Gaza pullout, [1] he would not have had the chance or would not have been able to if he was prosecuted.  This is not a new concern – there were issues following ICTY indictments and the Dayton negotiation, with some parties being unable to attend [2] . Similarly, the Lord’s Resistance Army offered to surrender but refused due to ICC arrest warrants [3] .  [1] Vick, Karl, ‘Ariel Sharon: Israel’s Soldier and Strongman, 1928-2014’, Time, 11 January 2014,   [2] Goldstone, Richard, “Peace versus Justice”, Nevada Law Journal, 2006,  at p421-p322  [3] Otim, Michael, and Wierda, Marieke, ‘Justice at Juba: International Obligations and Local Demands in Northern Uganda’, in Waddell and Clark eds., Courting Conflict? Justice, Peace and the ICC in Africa, pp.21-28

negative: crime policing international law house believes icc should have its own enforcement While the ICC is a multinational body, it is designed to have a respect for individual nations court systems. It is mainly a “backstop” court, it is happy to see nations prosecute those offences – the Rome Statute mandates that they be added to the domestic criminal law. This is the principle of complementarity. As such there is no need for an international force as the enforcement of international criminal law is provided by the member state’s police forces who will catch the criminals that the ICC wishes to prosecute and send them to the court.

negative: human rights international law politics government warpeace house would recognise The ICC's ability to prosecute war criminals is both overstated and simplistic. It has no force of its own, and must rely on its member states to hand over criminals wanted for prosecution. This leads to cases like that of Serbia, where wanted war criminals like Ratko Mladic are believed to have been hidden with the complicity of the regime until finally handed over in 2011. The absence of a force or any coercive means to bring suspects to trial also leads to situations like that in Libya, whereby Colonel Gaddafi is wanted by the ICC but the prosecution's case is germane if he manages his grip on power. Furthermore, it relies on external funding to operate, and can only sustain cases so long as financial support exists to see them through.

negative: The US is not focusing on encouraging existing NATO members to withdraw from the ICC. Existing NATO members are not subject to the aid-cutting provisions of US law (before and after the Presidential waiver was created), neither are major non-NATO allies – indeed, all EU member states in NATO are ICC members, with the exception of Romania none have signed an Article 98 agreement.  Much of the US antagonism to the ICC came during the Bush administration, when the ICC was an unproven organization in its infancy.  Since then, US Policy towards the ICC has softened, as can be evidenced by the US voting in favour of referring the situation in Libya to the ICC (compared to abstaining in the referral of Darfur), so it would be unlikely to do much harm to bilateral relations if other states were to expand their co-operation. No EU member state other than Romania has entered in to an Article 98 Agreement with the US. [1]  [1] Barbour, The International Criminal Court, 2010

negative: Detriment to peace process  The ICC has not been particularly effective in dealing with the situation in Uganda, the ICC prosecutions having been a distraction to local community reconciliation and leading to further violence [1] .  Similarly, the situation in Darfur has not been helped by ICC involvement, with mass destruction of villages by people already indicted by the International Criminal Court [2] . Due to his indictment, a diplomatic solution has become harder as Rome Statute signatories are under a legal duty to arrest Sudanese leader Omar al-Bashir, although many have just ignored this. [3]  [1] Sinclair, Jessical, “The International Criminal Court in Uganda”, Undergraduate Transitional Justice Review, 2010,   [2] Human Rights Watch, “Sudan: Satellite images confirm villages destroyed”, hrw.org, June 18 2013,   [3] Cooper, Belinda, “The ICC: The Politics of Criticism”, World Policy Journal, 4 December 2013,

negative: crime policing international law house believes icc should have its own enforcement An ICC enforcement arm would be unduly expensive  In a climate where the ICC’s budget is determined exclusively by contentious negotiation between states (at a time where the ICC itself has threatened to close down investigations due to a lack of funds [1] ), many of whom are undergoing austerity, an enforcement arm is not the best use of scarce funds when its role can be taken by the state parties. The ICC is already expensive enough – it cost over €100M in 2009.  [1] Nzau Musau, “Kenya: ICC Threatens to Drop cases for Lack of Funds”, The Star (Kenya), 2013,

negative: europe politics defence leadership house favours common eu foreign policy The very creation of a common military framework has been fraught with disagreement. The UK and France have only been willing to cooperate bilaterally and outside the EU framework, within a set of nationally-framed security interests. Both states are also very traditional military powers. While some states pretend to support the creation of a credible EU military capacity, they are unwilling to contribute seriously to its construction and when faced with a crisis almost always turn to the United States for military solutions. While the EU does like to see itself as the diplomat of the world and flaunt its achievements with the International Criminal Court (ICC) and the World Trade Organization (WTO), it still ponders the possibility of a middle-of-the-road strategy of militarization and securitization. In the meanwhile, it continues to reside comfortably within the US sphere of military protection while acting as an enfant terrible who rebels against and yet continues to accept US protection. It is a contradiction to argue that the EU is both attempting to build up its military force as well as providing an alternative sense of security that does not rely on military power.

negative: human rights international law politics government warpeace house would recognise The ICC allows for the prosecution of war criminals.  Law-abiding states like the United States that have yet to ratify the ICC should have nothing to fear if they behave lawfully. The Prosecutor of the ICC is only concerned with the most grave offences and it defies belief that the US would approve a strategy of genocide or systematic mass violations of human rights that could attract the jurisdiction of the ICC. Further, the discretion of the Prosecutor is not unchecked. The Statute requires that the approval of three judges sitting in a pre-trial chamber be obtained before an arrest warrant can be issued or proceedings initiated. Moreover, there is no harm to the interests of the US in being subjected to a mere preliminary investigation. In fact, it is preferable that spurious accusations are briefly examined and shown to be baseless, than that these accusations be allowed to raise doubts about the credibility of a State's actions and the impartiality of the Tribunal in question. The US acceptance of the jurisdiction of the Prosecutor of the ICTY is evident ; the US troops forming part of the KFOR peacekeeping force in Kosovo could equally be subject to investigation and prosecution by the ICTY. The US is prepared for its forces to operate under the scrutiny of the ICTY since it reasonably does not expect its members to commit the very crimes they are deployed to prevent.

negative: An African Criminal Court would be better  Instead of the ICC structure, the African Union has proposed an African Criminal Court. An ACC could not only bring justice home to Africa, by creating a court which will not appear to African nations as being imposed by outsiders, but also be able to have additional remits to address other issues in Africa that the ICC does not have powers to deal with, such as coups, corruption and drug trafficking [1] . An African Criminal Court may also have a chance of being seen as more legitimate than the ICC, which had only 39% support in Kenya in July 2013 [2] .  [1] IRIN, “Analysis: How Close is an African Criminal Court?”, IRIN (Integrated Regional Information Networks), 13 June 2012,   [2] Ipsos Synovate, “The ICC Issue and Raila’s Political Future”, Ipsos Synovate

negative: traditions law human rights international law society family house would require The proposition understates the extent to which the needs of child soldiers are catered to by international justice bodies. The Paris Principles [i] , which are used to guide the formation and functions of national human rights organisations, state that  “3.6 Children who are accused of crimes under international law allegedly committed while they were associated with armed forces or armed groups should be considered primarily as victims of offences against international law; not only as perpetrators...  3.7 Wherever possible, alternatives to judicial proceedings must be sought, in line with the Convention on the Rights of the Child and other international standards for juvenile justice.”  Although not strictly binding, an onus is placed on bodies such as the ICC to seek alternatives to the trial process when dealing with children. (The Principles define a child as anyone less than 18 years of age).  Even where children are placed in the role of officers or recruiters, they are unlikely to be tried in the same fashion as an adult.  This leaves only the issue of social exclusion following the process of demobilisation and treatment. Many of the problems of reintegration highlighted by the proposition do not seem to be uniquely linked to ICC prosecutions. Columbian child soldiers are as likely to be perceived as threatening whether or not they have come to the attention of the ICC. The ICC does not create negative stereotypes of former child soldiers.  As noted above, it seems perverse to give military commanders an opportunity to use cultural relativism to excuse their culpability for what would otherwise be a war crime. Ranking officers are much more likely than Yemeni tribesmen or orphaned Sudanese boys to understand the intricacies of such a defence, and much more likely to abuse it. Realistically, the commanders of child solders, and the politicians who sanctioned their use are the only class of individuals pursued by the ICC.  Where the boundaries between community leader, military officer and political leader become blurred, the court will always be able to fall back on its discretion. Practically, however, this mixing of roles is only likely to be observed in marginal communities a few major conflict zones. This does not favour stepping away from established judicial practice in order to create an entirely new form of defence.  [i] “Principles and Guidelines On Children Associated With Armed Forces or Armed Groups”, International Workshop on National Institutions for the Promotion and Protection of Human Rights, 2007,

negative: human rights international law politics government warpeace house would recognise The ICC generates crippling expenses.  Cautious estimates suggest an operating budget of $100 million per year1. The costs of the ICTY and ICTR have already spiralled out of control, and the latter tribunal has a legacy of maladministration and internal corruption. The US contributes 25% of the budget for both the tribunals, which amounted to $58 million in the fiscal year 20002. It is dubious whether the ICC could survive without US financial support. The UN as a whole is obligated only to fund investigations and prosecutions initiated at the request of the Security Council. Every other investigation must be funded by assessed contributions from the States that have ratified the Rome Statute. Although the UN could authorise the transfer of additional funds, the procedure would require a UN Security Council resolution that would of course be subject to the US veto. Alternatively, it is accepted that State Parties to the Statute could directly contribute funds or personnel to the ICC. However, the possibility of partiality or even corruption is manifest where States with their individual political interests are deploying and directing their own staff within the Office of the Prosecutor of the ICC.  1 Irwin, R. (2010, January 8). ICC Trials Hit by Budget Cuts. Retrieved May 11, 2011, from Institute for War & Peace Reporting:  2 Scharf, M. P. (2000, October). The Special Court for Sierra Leone. Retrieved May 11, 2011, from American Society of International Law:

negative: ure media television law international law house opposes televising all criminal Witnesses might be identified and placed in danger  Televising criminal trials may cause a number of problems with witnesses. It may make individuals less likely to give evidence, make them more likely to play to the television audience, or make the already intimidating process of giving evidence in court more so. Also, television broadcasts make it more likely that the identities of anonymized witnesses would leak out – something that has already happened at the ICC in the Ruto-Sang case [1] .  The ICC already has problems with witnesses, including allegations of bribing and intimidating prosecution witnesses in the Ruto case [2] , which has led to Walter Barasa, a Kenyan Journalist, being subject to an arrest warrant [3] . Ending the televising of trials may go some way to remedy those problems.  [1] Lattus, Asumpta, ‘Evenson: ‘First time arrest warrant has been issued in Kenya case’, Deutsche Welle, 2 October 2013,   [2] Stewart, Catrina, ‘ICC on trials along with Kenya’s elite amid claims of bribery and intimidation’, The Guardian, 1 October 2013,   [3] ‘ICC seeks Walter Barasa arrest for Kenya ‘witness tampering’, BBC News, 2 October 2013,

negative: ICC is controlled by the Security Council  The ICC can only investigate situations that are referred to it by either the host country, or the Security Council [1] . A power also exists for the prosecutor to seek investigation, though this has as yet only been used twice. As such, most atrocities that occur across the world are shielded from prosecution because such a prosecution would be against the interests of a member Security Council. Leaders do not seem to be brought for investigation until they offend the west; Charles Taylor was not prosecuted until he had a falling out with the USA, despite their soft support for him in overthrowing the Doe regime [2] . Another case in point is Uganda where the Lord’s Resistance Army has been charged, but not the Pro-US government forces, despite evidence existing they have also committed crimes [3] . It is clear then that the ICC makes decisions by broad external factors, which biases it against Africa which does not have any countries on the UNSC or any patrons sitting on the council.  [1] States parties to Rome Statute, ‘Rome Statute of the International Criminal Court’, ICC, 2011  [2] ‘Charles Taylor – preacher, warlord, president’, BBC News, 13 July 2009  [3] ‘ICC, A Tool To Recolonise Africa’, African Business

negative: ure media television law international law house opposes televising all criminal Open justice – crimes with large numbers of victims  The principle of open justice, including the right to a public trial [1] , is enshrined in many legal systems. The best show of commitment to open justice is to allow everyone to watch it, the best method of doing so is for the trial to be televised. This is all the more the case when the victims can't all be in court, either because of the numbers or because of the distance.  Television coverage will help bring the trial closer to the victims. International criminal trials regularly take place outside the location of the offences, either in The Netherlands such as the ICTY, ICC and Charles Taylor trial, or elsewhere, such as the ICTR sitting in Arusha, Tanzania. It would be helpful in terms of providing closure to the victims, who should be witnessing proceedings.  [1] See the 6th Amendment to the US Constitution, Article 6 of the European Convention on Human Rights

negative: americas middle east house believes us and israel should join international While the ICC operates its own rules of procedure and uses its own formulation for due process rights, it has protections as strong as the top legal systems around the world.  While the ICC is unique, it meets the standards accepted for a fair trial. For example, article 66(2) of the Rome Statute guarantees the presumption of innocence, article 54(1) covers disclosure, article 67 includes the right to counsel and a speedy trial. These safeguards are considered more than adequate by human rights campaign groups such as Amnesty International.  While the ICC does not use juries, in many cases it would be difficult to find an impartial jury or to transport them, and they would be unlikely to cope with the weighty and complex legal issues that occur in complex international criminal trials. At any rate, many states, even common law ones such as the US, do not use juries at all (such as Israel), and in some circumstances they can be allowed in the US.

negative: Reforms can always be made to the legal process at Guantanamo, and so this is not a reason to close the facility or to try the detainees in US courts. Moreover, much of the credible and reliable evidence that justifies the continued detention cannot be admitted in US courts for legal reasons, such as the fact that those captured in Afghanistan and elsewhere were not read their Miranda rights on their arrest. Other cases involve evidence that is insufficient for trial but still sufficient to determine that release is an unacceptable security risk. [1] Furthermore, If transferred to U.S. courts, some of the detainees might be freed because of the aggressive interrogation techniques used against them. Mohammed al-Qahtani, the alleged "20th hijacker" in the Sept. 11 plot, was interrogated so severely at Guantanamo Bay that Bush administration officials said he was tortured and did not refer his case for prosecution. [2]  [1] Wall Street Journal. "Obama and Guantanamo". Wall Street Journal. 22 January 2009.   [2] Fox News. "Families Outraged by Obama Call to Suspend Guantanamo War Crimes Trials". Fox News. January 21, 2009.

negative: Just as much of a violation of sovereignty as the ICC  Part of the calls for an African Criminal Court are based on the perception that the national sovereignty of African nations is being attacked in some way before the International Criminal Court.  However, an African Criminal Court would be just as much of a violation of the sovereignty of individual African nations as the ICC; it is a system of courts outside the control of the nation of those it is trying.  European states object to courts outside their control dictating even when they are regional courts – consider the reactions to the European Court of Human Rights on areas like voting for prisoners or to the European Court of Justice. That these are regional not global courts makes little difference to national opinion. It is no surprise then that not even the EU with its close relations has attempted a supra national criminal court system.

negative: human rights international law politics government warpeace house would recognise The ICC does not have too much authority, merely the necessary authority to be useful as an institution. It is the very pre-eminence of the US that demands it adhere to the international rule of law, the ICC's existence will not alter that nor lead to charges for legitimate actions. It is perfectly possible to conduct a campaign for bona fide reasons of saving lives and protecting human rights that involves the commission of war crimes. The ICC can reasonably demand that the US, or any other State, pursue their lawful ends by lawful means. Moreover, it matters not to the victim of a gross human rights violation whether the perpetrator was the regime of a rogue state or the service member of a State seeking to protect the population. Further, other States with significant military commitments overseas, such as the UK and France, have ratified the Rome Statute without equivocation. These States accept that intervening in other States to uphold international human rights demands respect for these same norms.

negative: The very scale of war crimes means that courts are inadequate vehicles for prevention or punishment. To achieve the international community’s goal of “never again” other methods, like sanctions, diplomatic engagement and the appropriate use of military deterrent and intervention must be employed. These pragmatic methods are unquestionably more effective and more likely to achieve long-term change.

negative: Africa has invited ICC intervention  Far from the ICC being biased against Africa it is Africa’s embrace of the ICC and the opportunity for international justice that has led to so many Africans being tried at the Hague. The reality is that the only nations to refer themselves to the ICC have been African –the DR Congo, Central African Republic, Mali and Uganda were all self-referred [1] . Likewise, the Ivory Coast referred itself to ICC jurisdiction, and referral of Darfur to the ICC from the Security Council was done so with the African Union’s support [2] . The ICC has clearly not as an institution been targeting Africa, rather it has been investigating, and then engaging in trials on situations that have been brought to it by the countries involved. Other regions of the world have not embraced the opportunity for justice in the same way so it is taking longer for investigations into war crimes in those situations by the ICC.  [1] Clark, P. “Law, Politics and Pragmatism: The ICC and case selection in the DRC and Uganda” in Justice Peace and the ICC in Africa at 37.  [2] Lamony, Stephen A., ‘Is the International Criminal Court really picking on Africa?’, African Arguments, 16 April 2013

negative: Kenya can prosecute these crimes itself  Kenya has a functioning judiciary and police force. They have successfully prosecuted some individuals for these crimes and it should be left to Kenya to deliver justice for itself. There have been several cases brought before the courts. [1] Kenyans overwhelmingly see the ICC is ‘imperialist’, and 61% want the ICC to terminate its case against Kenyatta. [2] If and when Kenya’s leaders should be tried should be left to the domestic judiciary to decide.  [1] Nebehay, Stephanie, ‘UN urges Kenya to probe violence after 2007 elections’, Reuters, 26 July 2012,   [2] Wanyama, Henry, ‘Kenya: 61 Percent of Kenyans Want ICC Cases Dropped – Poll’, allAfrica, 1 February 2014,

negative: americas middle east house believes us and israel should join international Domestic courts are often incapable of providing a fair trial, when they fail the ICC fills the void.  Domestic legal systems will often suffer from a lack of judicial independence and potentially politicised prosecutions, and are also open to allegations of victors’ justice, or whitewashes by a judiciary biased towards the winners of the conflict.  The ICC, as an effective court and with an independent judiciary, provide a suitable and unbiased climate for these cases to be heard in. While it is difficult to give any former head of state a fair trial, it is even more so in cases involving states divided along ethnic and political fault lines where any conviction could be seen as one based on continuing hatreds rather than evidence and criminal procedure.  It is clearly in the interests of the United States and Israel to support the principle that where there is no independent judiciary cases can be moved to a higher level. These states as much as any other desire that those who commit large scale international crimes be brought to book. The ICC for example might provide an alternative method of going after terrorists.  In addition, the principle of complementarity – that the ICC should only prosecute where states have shown themselves unable or unwilling to prosecute - means that when a state can take effective action against war crimes, there will be no role for the ICC. This means that the US and Israel with independent judiciaries should have nothing to worry about unless their judiciary proves unwilling to prosecute if one of their own nationals commits a crime prosecutable by the ICC.

negative: Drugs trafficking was considered as a role for the ICC, but rejected as unworkable – an ACC would face the same problems. “Unconstitutonal change of government” would be open to rampant political abuse, allowing existing governments to cling on to power.  No other supranational regional body has tried having its own prosecution system or criminal courts – not even the European Union. Regional bodies can – and should – have courts to deal with treaty interpretation or human rights treaties, but regional criminal courts are a major step into the unknown. Criminal cases are best served by one nation, or all of them – not a regional bloc with its own tensions.

negative: Additional crimes in the remit of an African Criminal Court could cause more problems than they solve.  Drug trafficking was rejected from the remit of the ICC [1] because it would overburden the court, which is intended to deal with international crimes. While the idea of prosecuting coups sounds good, in practice it would raise the same persecution complexes amongst leaders as the ICC does.  An AU court will also be subject to more local fractious politics and power struggles, rather than the bulk of the membership being from outside the region.  [1] See , Kiefer, Heather, “Just Say No: The Case against Expanding the International Criminal Court’s Jurisdiction to Include Drug Trafficking”, Loyola of Los Angeles International and Comparative Law Review, 2009,  at p164

negative: In the decade since its formation, the ICC has only one successful conviction  Since becoming operational in March 2003 the ICC has only had one case resulting in a conviction and it is currently being appealed. Despite being found guilty of the war crime of recruiting and forcing child soldiers to fight and kill, Thomas Lubanga was sentenced to just 14 years imprisonment. Lubanga was arrested and sent to the Court in March 2006. This single ICC conviction and the light sentence imposed are hardly sufficient to deter other warlords from using child soldiers. Six years later, in the same country where Lubanga’s crimes occurred, thousands of child soldiers are being recruited by various armed groups. [1]  [1] UN News, "Child recruitment remains endemic."

negative: Peace is cheaper than war – however much a court case costs, in both human lives and money, it is better for there to be a trial.  Even if it is more expensive, justice is priceless – it is not something that can be subjected to cost-benefit analyses or bean counting.  The reason why Western countries fund the ICC is not some form of imperialism – simply a desire for global peace, justice and security so they would likely be willing to keep paying much of the cost.