query: An ICC enforcement is a necessity if there is to be international criminal justice  The remit of the ICC is unlike the remit of any national court. It deals exclusively in crimes so unacceptable there is an international consensus behind their illegality and the need for prosecutions. The parties that signed up to the Rome Statute’s reason for the creation of the ICC was “that such grave crimes threaten the peace, security and well-being of the world” the perpetrators of such crimes clearly need to be brought to book, and to do that they need to be apprehended. The same agreement said the signatories were “Resolved to guarantee lasting respect for and the enforcement of international justice” if this is the case then there should be agreement on enabling that enforcement by creating an ICC enforcement arm. Again the Rome statute makes clear that the agreement “shall not be taken as authorizing” intervention by another state. This is why the enforcement needs to be done by a separate international force who could not be considered a threat to any state. [1] Quite simply there is little point in international criminal justice if there is no force to bring the criminals to the court.  [1] ‘Preamble’ Rome Statute of the International Criminal Court, 1 July 2002,

positive: 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: americas middle east house believes us and israel should join international Ratification of the International Criminal Court would be a violation of national sovereignty  Any state ratifying the Rome Statute, is placing its citizens at the mercy of a court that operates outside of national control. This is an unacceptable ceding of national sovereignty – thus no state other than the US has the power to deal with American criminals, and no one but Israel should deal with Israeli criminals. International criminal law and national sovereignty are inevitably enemies  Not only does the ICC threaten American sovereignty, it threatens the sovereignty of all nations – the ICC can, in some cases, prosecute citizens of nations that are not state parties. Authority for justice within one’s territory is however at the heart of the concept of sovereignty. As a matter of principle the US should not be supporting measures that affect the sovereignty of any nation, let alone the US itself.

negative: The rationale for the BIAs is flawed  The Bilateral Immunity Agreements that these states have entered in to undermine the court that these states have signed up to. BIAs invalidate the intention for the ICC that any person who is subject to the jurisdiction of the court (which only triggers when an individual is a citizen of a state that has ratified the Rome Statute, or in the territory of a Rome Statute state) and commits the horrific acts covered by the Rome Statute should be brought to trial by providing a get out clause for the powerful. A proliferation in BIAs could potentially render the ICC a court that can only try nationals of small states that do not have the leverage to get others to agree to BIAs, already the ICC is accused of bias in putting Africans on trial and ignoring the rest of the world, such agreements make this worse. [1] BIAs by one state, the United States, creates a precedent for other states to use and as they do so the field that is available for international criminal justice will become smaller and smaller.  [1] Kersten, Mark, “African and the ICC: Some Unsolicited Advice”, Africa at LSE, 28 May 2013,

negative: Almost all the cases involve self-reference – the only ones that did not are UN Security Council references, done in the same way as the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda were set up. The other case, Kenya, was set up when the ICC prosecutor used its power in the Rome Statute. This only occurred after the Kenyan parliament failed to implement the recommendations of the Waki Commission, which it set up.  While horrible events occurred in Sri Lanka, the ICC does not have the ability to prosecute unless the case is referred to the court by the UN Security Council, or the Sri Lankan government, which is unlikely – it is not a kangaroo court that can make up jurisdiction to hear a case for political reasons [1] . Colombia is still being investigated [2] .  [1] Rome Statute, Article 22  [2] Office of the Prosecutor, Report in to Preliminary Examination Activities, 2013,

negative: crime policing international law house believes icc should have its own enforcement 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,

negative: human rights international law politics government warpeace house would recognise The deterrent effect of the Court ensures wide-spread and equal adherence to international law.  Upon signing the Rome Statute in 1996, U.N. Secretary General Kofi Annan stated that 'the establishment of the Court is still a gift of hope to future generations, and a giant step forward in the march towards universal human rights and the rule of law'1. Such statements demonstrate the impact the Court could potentially have, as a body that simultaneously cherishes sovereignty and protects national courts whilst offering a means by which criminals in states unable or unwilling to prosecute will still be brought to justice. As the natural and permanent heir to the process started at Nuremberg in the wake of World War II2, the ICC ensures that the reach of law is now universal; war criminals, either in national or international courts, will be forced to trial as a result of the principle of universal jurisdiction1. The deterrent effect of such a court is obvious and a warning to those who felt they were operating in anarchic legal environments.  1 Amnesty International. (2007, September). Fact Sheet: International Criminal Court. Retrieved May 11, 2011  2 Crossland, D. (2005, November 23). Nuremberg Trials a Tough Act to Follow. Retrieved May 11, 2011, from Spiegel International

negative: The ICC is pursuing the gravest situations within its jurisdiction  The ICC’s jurisdiction is limited to those countries that have ratified the Rome statute. This combined with the likelihood of deadlock in the UNSC, means that many of the worst conflicts are off limits for the ICC. Using data from the Uppsala Conflict Data Program and UNHCR database since the Rome Statute came into effect in July 2002 (up to 2011) Ben Shea of the UCLA Law School finds that there has been little bias against Africa.  Not only have most of the gravest conflicts taken place in Africa but the countries that were not investigated are not party to the Rome Statute. This eliminates Algeria, Ethiopia, India, Indonesia, Iraq, Myanmar, Nepal, Pakistan, Palestine, Russia, Somalia, Sri Lanka, Syria, Thailand, Togo, Turkey, Yemen and Zimbabwe. Others such as Liberia, and the Philippines only signed up after their conflict had ended. Others such as Columbia, Georgia and Mexico can be eliminated due to Complementarity (where the states are willing to investigate themselves).  In conclusion “Despite the fact that several very grave conflicts outside of Africa have occurred sometime between 2003 and 2011, once taking into account the jurisdictional obstacles of the ICC, only one country remains: Afghanistan. The fact that Afghanistan has been under preliminary examination by the ICC suggests that the Court is not biased toward Africa.” [1]  [1] Shea, Ben, ‘Is the International Criminal Court targeting Africa inappropriately’, ICCForum, 17 March 2013 , Ben’s analysis is much more detailed than we have room for here so do read it for yourself.

negative: The ICC’s widely endorsed authority extends its deterrent effects.  The ICC’s investigative and prosecutorial powers are endorsed by 122 States Parties to the Rome Statute. This broad reach and agreement not only provides a strong disincentive for individuals and groups who would attempt to evade prosecution, but also has the effect of deterring states that might otherwise ignore the Court’s authority. Furthermore, even non-member states have recognised the importance of co-operating with the Court’s investigations. In 2013, one of the most wanted war criminals, Bosco Ntaganda was forced to surrender to the ICC while hiding in Rwanda. Though a non-member state, “Rwanda's aid-dependent economy was damaged by the allegations of links to Mr Ntaganda's rebels.” [1]  [1] The Economist

negative: Should be tried at home  The ICC recognises that a case is inadmissible where “The case is being investigated or prosecuted by a state which has jurisdiction over it”. [1] The state of which Yanukovych is a national, and where the crimes took place has precedence. Ukraine therefore has first right to try Yanukovych, indeed the ICC will only act if Ukraine is unwilling or unable to do so itself. As the crimes he is alleged to have committed took place entirely in Ukraine, over Ukrainian issues he should be tried in Ukraine. This would allow the Ukrainian people to see justice done themselves rather than relying on others to do it for them.  [1] States Parties, ‘Rome Statute of the International Criminal Court’, icc-cpi.int, A/CONF.183/9 17 July 1998,  , Article 17

negative: Does Yanukovych really qualify for the ICC?  It is questionable whether Yanukovych’s crimes, as abhorrent as they may be, really qualify for the ICC. It is clear that he does not qualify for three of the four crimes the ICC charges; genocide, war crimes, and the crime of aggression (this is for attacking other states not your own people). This leaves crimes against humanity. Crimes against humanity can include murder when “committed as part of a widespread or systematic attack directed against any civilian population” [1] so the ICC will need to decide whether less than 100 dead is widespread and grave enough to justify the charge – and this is something that is up to the prosecutor. [2] Moreover as yet we don’t know if Yanukovych himself was directly responsible for ordering attacks on the protesters in the last couple of days before the fall of his government.  [1] States Parties, ‘Rome Statute of the International Criminal Court’, icc-cpi.int, A/CONF.183/9 17 July 1998,  , Article 7  [2] Kersten, 2014,

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: ICC is biased against Africans  All of the ongoing ICC prosecutions are based on events in Africa, and all those on trial are Africans.  The ICC has not brought actions following the invasion of Iraq, or the conflicts in Sri Lanka and Colombia. The lack of action in any matter outside sub-Saharan Africa shows that the international community are happy to allow the ICC to exclusively prosecute Africans. The UN Security Council, which contains no African permanent members, can veto any possible prosecution [1] and refer a case to the ICC [2] ..  Replacing the ICC with an African Criminal Court would stop this bias, or perception of bias. This would be done by withdrawing from the Rome statute and the ICC which has been labelled as Western imperialism by people such as Rwandan president Paul Kagame [3] .  [1] Rome Statute, Article 16  [2] Rome Statute, Article 13  [3] Du Plessis, footnote 36 (dead links)

negative: The BIAs are at best bad faith compliance, and worst a blatant violation of the Rome Statute  The European states have signed and ratified the ICC Statute and should honour it, to do otherwise makes a mockery of the ICC which those states supported throughout its genesis and at least claim to continue to support.  Article 98(2) was only intended to be a factor where there are other agreements such as status of forces agreements (an agreement entered in to between two states, one having military forces in the other voluntarily, such as British troops in Germany). It was not meant as a broad-brush way for states being able to grant selective immunity to citizens of non-member states who have committed genocide or crimes against humanity inside the jurisdiction of an ICC member state.  Signing an Article 98 Agreement is at best accepting foreign instigation of the abuse of process of a treaty. At worst it is accepting an illegal attempt at circumventing the treaty.

negative: human rights international law politics government warpeace house would recognise The ICC does not offer lasting peace to victims, but can instead re-open old wounds. 'It is by no means clear that 'justice' as defined by the Court and Prosecutor is always consistent with the attainable political resolution of serious political and military disputes' argues John Bolton. The ICC deals with individual criminals and specific crimes in a vacuum, it is unable to appreciate the, albeit paradoxical, notion that it may be in the best interests of the resolution of conflict for the perpetrators to go unpunished and victims to forego reparations. 'Circumstances differ, and circumstances matter'1 the ICC in offering lasting peace to victims of war crimes is unable to weigh the circumstances in the manner of an ad hoc tribunal tailored to the specific conflict.  1 Bolton, J. (2002, November 12). The United States and the International Criminal Court. Retrieved May 11, 2011, from

negative: The ICC will prosecute leaders who commit the most severe crimes and give them their due.  The only way to ensure that leaders get what they deserve is to establish a free-standing, independent court that holds people accountable. The ICC acts as a permanent international court (as opposed to tribunals set up by a specific group of nations).1 By issuing arrest warrants for leaders who would otherwise continue their actions without any blame, the ICC attempts to punish them. The goal is to ensure that no individual gets away with committing terrible crimes. Additionally, the court gives victims a role in the process, has the power to give them reparations, and ensures they see criminals brought to justice.2The court has not punished anyone yet because it is still considerably young, but has proceedings going on currently.  1 Carroll, James. "The International Criminal Court." Bulletin of the American Academy of Arts and Sciences, Vol. 54 No. 1, Autumn 2000, 21-23.  2Duffy, Helen. "Toward Eradicating Impunity: The Establishment of an International Criminal Court." Social Justice, Vol. 26 No. 4, Winter 1999, 115-124.

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: crime policing international law house believes icc should have its own enforcement An ICC Enforcement arm would bring in a higher proportion of defendants in to trial  Eight out of the thirty people indicted by the ICC (four in the Darfur situation, including Omar al-Bashir, three Lord’s Resistance Army leaders in Uganda and one in the DR Congo investigation) are still alive and avoiding justice. An in-house enforcement arm would be more effective at capturing indictees than many of the forces of the state parties, as it is likely to be more competent than many of the under-resourced or under-trained national forces. An in house force would be solely focused on capturing the wanted war criminals so would both be focusing resources and much less likely to be sidetracked by other priorities (many of which may be influenced by politics) than national forces. One of the suggested solutions to the failure to capture Joseph Kony and leaders of the LRA is to have greater involvement of peacekeepers; an ICC force would provide the same kind of help. [1]  [1] Van Woudenberg, Anneke, ‘How to Catch Joseph Kony’, Human Rights Watch, 9 March 2012,

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: human rights international law politics government warpeace house would recognise The novel crime of aggression leads to the prosecution of those seeking to protect human rights.  The likelihood of political prosecution is only augmented by the creation of the novel crime of 'aggression' under the Rome Statute. Any intervention in a State for the protection of human rights of some or all of its people might constitute a crime. The US or any NATO State could be prosecuted, at the request of the genocidaires, for successfully preventing genocide. Moreover, by a quirk of the drafting of the Statute, States that refuse to accept the jurisdiction of the ICC can nevertheless request the prosecution of individuals of other States for crimes alleged committed on its territory. Thus Milosevic could have demanded the investigation of NATO forces for the events of Operation Allied Force, but have precluded any investigation of the actions of the Bosnian Serb army on the same territory.

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: crime policing international law house believes icc should have its own enforcement An enforcement arm would still have finite resources. There is no guarantee that an ICC in-house enforcement system would arrest more suspects than the existing system of state bilateral co-operation. This is particularly the case in relation to the most thorny problems the ICC faces – how to catch those who have the backing of their state. An independent force would not enable the ICC to snatch Omar al-Bashir out of Sudan unless the proposal was to create a special forces style force and any such action would have large diplomatic repercussions.

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: 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: Pursuance by the ICC doesn't actually result in punishment of the leader; empirically, it has actually strengthened criminals' power after criticizing them.  Nations, such as African nations like Chad, have painted the actions of the ICC as signs of Western imperialism and domination. Sudan's Bashir, accused of genocide and other crimes against humanity, used the ICC's arrest warrant against him as a sign of heroism and created a rally-around-the-flag effect, further strengthening his regime. Moreover, the ICC's work encourages leaders to cling to their power rather than give it and face prosecution, making punishment even more difficult. At worst, the ICC is actually counterproductive when it comes to punishing leaders and giving them retribution; at best, it is simply an ineffective court.1  1 "The International Criminal Court: Why Africa Still Needs it." The Economist, 3 June 2010.

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: Africa has a strong voice in the ICC  The ICC has gone to great lengths to involve all parts of the world in all aspects of its operations. Fatou Bensouda, from Gambia, was recently appointed Chief Prosecutor of the ICC. Moreover, Africans have twice been Vice-President of the court, and have had a fair representation of judges presiding over the court, with five of twenty-one current judges on the panel [1] . Moreover, the Africa Union played a large role in the negotiations over the Rome statute and the creation of the ICC, reflected in the large proportion of countries who are members. [2] As such, Africa’s voice is strongly heard in the ICC.  [1] ‘Judge Sang-Hyun Song re-elected President of the International Criminal Court for 2012-2015; Judges Sanji Mmasenono Monageng and Cuno Tarfusser elected First and Second Vice-President respectively’, International Criminal Court, 11 March 2012  [2] M urithi, Tim, ‘The African Union and the international Criminal Court: An Embattled Relationship’, IJR Policy Brief, no.8 March 2013, pp.1-2

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: human rights international law politics government warpeace house would recognise The ICC offers justice to victims of war crimes.  The ICC offers a multilateral means by which international law can be brought to bear on the perpetrators of war crimes. As Amnesty International argues, 'the ICC ensures that those who commit serious human rights violations are held accountable. Justice helps promote lasting peace, enables victims to rebuild their lives and sends a strong message that perpetrators of serious international crimes will not go unpunished'. Furthermore, and for the first time, the ICC has the power to order a criminal to pay reparations to a victim who has suffered as a result of their crimes. Such reparations may include restitution, indemnification and rehabilitation. Judges are able to order such reparations whether the victims have been able to apply for them or not. Though reparations will often not be sufficient on their own for lasting peace, they are a step in the right direction and only made possible by the establishment of the ICC.

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: The protection of cultural property is not within the scope of the ICC.  Though it is true the international Criminal Court (ICC) prosecutes and investigates crimes against humanity, the destruction and desecration of cultural property cannot be categorised as a crime against humanity. This is quite simply because human beings are not directly harmed when cultural property like ancient monuments or old scripts are destroyed. According to the ICC, the following would consist of crimes against humanity: ‘Murder, extermination; enslavement; deportation or forcible transfer of population; imprisonment; torture; rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; persecution against an identifiable group on political, racial, national, ethnic, cultural, religious or gender grounds; enforced disappearance of persons; the crime of apartheid; other inhumane acts of a similar character intentionally causing great suffering or serious bodily or mental injury’ [1]. The common factor with all these crimes is that they are committed as part of a ‘widespread or systematic attack directed against any civilian population’. [2] Thus, it is evident that crimes against humanity possess a very real human element to them. This is simply because the ICC and the international community recognise that the most serious crimes that fall under the category of crimes against humanity are crimes of this nature that violently and systematically attack the wellbeing of civilians on a gross scale. The destruction or damage to any property, be it homes, government buildings, or sites of cultural heritage may well be a crime and a heinous act, but cannot come under the category of crimes against humanity.  [1] ICC website: “What are crimes against humanity?”, accessed 20/9/12,   [2] ibid

negative: human rights international law politics government warpeace house would recognise The budget of the ICC is not particularly excessive and can be maintained without US finance. The withholding of US funds from the UN budget is a familiar tactic for expressing disapproval. In 1998, the total US arrears on assessed contributions that had been approved by the Security Council amounted to over $1.3 billion1. Whilst the operation of UN institutions and operations, in particular peacekeeping, might have suffered, the UN was still able to function. Likewise, there is no reason to suggest that the refusal of the US, or even Japan, to ratify the Rome Statute, would preclude the operation of the ICC. The Statute allows the donation of additional funds and resources from other State Parties. With regard to the ICTY, the EU has consistently contributed personnel, in addition to the payment of the assessed contribution of each of the 15 States. $100 million might seem a significant expense. However, it is both trite and true that no price should be put on justice. Not least justice for thousands of victims of some of the most heinous crimes imaginable.  1 Lautze, S. (2000, October). US Arrears to the UN. Retrieved May 11, 2011, from Humanitarian Exchange Magazine:

negative: Article 98 Agreements are a crucial tool in maintaining American national sovereignty  As a key part of its national sovereignty, the US should not be required to have its citizens subject to the ICC if it does not ratify the treaty itself of its own choice. It is an accepted principle, as enshrined in Article 34 of the Vienna Convention on the Law of Treaties, [1] that a treaty only binds the states that have consented to it. Binding citizens of states who are not parties, who may be acting under the orders of a state arm, such as a military, when in the territory of state parties, violates that state’s sovereignty. There have been attempts to put US soldiers on trial. Italy for example put Mario Lozano on trial for the killing of an Italian agent in Iraq, the US maintained he was doing his job at a checkpoint and provided warnings while the Italians considered it murder. In this case the United States was able to refuse to hand the soldier over but BIA’s ensure that such actions will not be a concern whenever troops are deployed abroad. [2]  Bilateral Immunity Agreements are a legitimate tool to ensure that this key principle is protected in the case of the International Criminal Court – this has no bearing on the nations that desire to be part of the International Criminal Court.  [1] United Nations. Vienna Convention on the Law of Treaties, 23 May 1969,   [2] “Controversial Trial Opens in Rome: Italy Tries US Soldier For Iraq Murder”, Spiegel Online, 17 April 2007,

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.


query: Drugs currently fund terrorism and regional instability  The Taliban gets most of its revenue from poppies, which provide the opium for heroin. They do this by intimidating local farmers who would otherwise sell their harvest at market. They then demand “protection money” as well, or else either another local warlord or the ‘protectors’ themselves would rob the farmer. Something like 22,700 people have died in Mexico since January 2007 from gangsters who want to protect their revenue and almost the entire continent of South America, from Brazil to Colombia, has had their governments destabilised by drug lords. [1] The hugely-costly but unsuccessful war on drugs could be ended, starving terrorists of the profits of drug production. As a result peace and development could be brought to unstable drug-producing states such as Colombia and Afghanistan.  [1] Mexico under siege, The drug war on our doorstep, Los Angeles Times , 27 September 2011,

positive: th addiction health general law crime policing house supports legalisation drugs Whether legal or illegal, drugs will still be a source of income for warlords and terrorist groups. Instead of starving them off, the dealers become more competitive and lower their prices. The only way to stop these people using drugs as a source of income is to remove poppies from Afghan fields, to destroy coca plantations.

negative: If cannabis was legalized, it could be regulated  Many of the problems associated with cannabis use arise from the fact that it is illegal. Cannabis is the world’s most widely used illegal drug – 23% of Canadians admit to having smoked it and up to 7 million people in the UK are estimated to do so.  In 2009, the UN estimated that the market for illegal drugs was worth $320 billion. This market is run by criminals and is often blighted by violence. It has cost thousands of innocent lives, particularly in supplier countries such as Mexico and Afghanistan 1. In the US, Milton Friedman estimated that 10,000 people die every year as a result of drug dealers fighting over territory 2. Many of the victims are innocent people, caught in crossfire. By legalizing cannabis, the size of this market for illegal drugs would be significantly reduced and so, effectively, would the number of crimes and unnecessary deaths that come with it.  Another way of seeing the problems of prohibition is to look at the failed attempt at alcohol prohibition in the 1920s. People continued to consume alcohol, only it became 150 per cent stronger, was as easy to obtain for minors as for adults, and was sold by murderous gangsters like Al Capone 3.  Given all of the problems associated with prohibiting cannabis, it seems nonsensical to spend billions fighting a drugs war when instead governments could reduce crime and make money by selling cannabis in a regulated manner. They could spend some of the profit on treating people who did experience any harmful effects.  1.United Nations Office on Drugs and Crime, 2010,   2.Hari, 2009,

negative: US will provide equipment  Guinea-Bissau should join the US drug war as they do not have the means to fight the war themselves. The local law enforcement is underfunded and ill-equipped to deal with the international threat. Guinea Bissau has one ship which patrols 350km of coastline, their officers have little in the way of land transport, petrol, phones or hand cuffs1. The limited reach of the law has allowed the cartels and gangs to prosper which, in turn, further damages law and order in Guinea Bissau. US military assistance will therefore help restore law and order to Guinea Bissau.  1) Parkinson,C. ‘LatAm Drug Traffickers Set Up in Guinea-Bissau, Expand in Africa’, In Sight Crime, 29 August 2013  2) Acevedo,B. ‘Ten Years of Plan Colombia: An Analytical Assessment’, The Beckley Foundation Drug Policy Programme, September 2008Shirk,D. ‘The Drug War in Mexico’, Council of Foreign Relations, March 2011

negative: The fence is morally wrong and inhumane  Because it does not create an airtight border, it simply forces crossings at more dangerous locales like the hot, snake-infested deserts. Thousands of Mexicans have died since 2000 attempting the crossing, while less than 300 people died attempting to cross the Berlin Wall in almost three decades.1 The bodies of at least four hundred people were found in 2010.2 Simply put, barriers do not diminish the desire for a better life.3 That sort of catastrophic disregard for the fundamental humanity of these people demeans America as a nation. It is hard to reconcile this disregard with our considerable humanitarian support for starving people in Somalia and all over the world. We should work together to help hard-working individuals provide for their families. Most border-crossers are not drug runners, but people who just want legitimate jobs so they can feed their families.  1 Defense News. "US Drones Track Drug Lords Over Mexico."  2McGreal, Chris. "The battle of the US-Mexico frontier."  3McFadyen, Jennifer. "Immigration Issues: US-Mexico Border Fence Pros and Cons."

negative: Adverts generate profit. Profit funds research into improved drugs  We should not attack drugs companies for making profits from their products, nor for encouraging patients to use them. Each new drug costs an average of $500m to produce and very small percentage of the drugs that are researched ever make it to the market. [1] The more profitable the industry, the more new drugs it can afford to research and develop and thus the more patients who can receive appropriate treatment. Many of the complex cures being developed for diseases like cancer, HIV/AIDs, SARS and Avian Flu will take decades to research. In the meantime, drug companies require funding streams from other drugs to continue research.  Drugs have become increasingly expensive and advertisement helps to cover those costs. From 1980 and 2004, from about $6 billion (in 2005 dollars) to $39 billion. There has been a real growth rate of about 8 percent a year, on average.  By comparison, drug firms’ gross margins—sales revenue minus costs and income taxes—have been increasing more slowly, by about 4 percent annually. [2]  So, with more personalized medicine and greater costs in drug development, the industry needs a greater source of revenue in order to research therapeutics further. Advertising would provide this revenue.  [1] Hollis A., Me-too drugs: is there a problem ?, University of Calgary, published December 2004,  , accessed 08/08/2011  [2] Congres of United States, Research and Development in the Pharmaceutical Industry, October 2006,  , accessed 08/01/2011

negative: th addiction health general law crime policing house supports legalisation drugs Legalisation reduces crime  The illegality of drugs fuels a huge amount of crime that could be eliminated if drugs were legalised. Price controls would mean that addicts would no longer have to steal to fund their habits, and a state-provided drug services would put dealers out of business, starving criminal gangs of their main source of funding. For example, an Italian Mafia family were making around $44bn a year from cocaine smuggling. [1] This represents something like 3% of Italy’s entire GDP – and that from only one crime syndicate.  [1] Kington, Tom, ‘Italian police raids reveal how an 80-year-old gangster held sway over the feared Calabrian mafia’, The Observer, 18 July 2010,

negative: th health general global law crime policing law general punishment house would Legalising coca production would undemine the wider war on the drugs economy  The UN International Narcotics Control Board (INCB) said in 2011 that exceptions for Bolivia would undermine international narcotics control efforts: “[Allowing coca] would undermine the integrity of the global drug control system, undoing the good work of governments over many years.” [1] A US official said in January of 2011: “there is evidence to suggest that a substantial percentage” of the increased coca production in Bolivia over the past several years, registered in U.N. surveys, “has indeed gone into the network and the marketplace for cocaine.” [2] These examples thus show that legalizing coca cultivation would undermine the wider war on drugs, because it shifts the policy away from one of eradicating crops which could be turned into narcotics and instead turns towards making them acceptable on the global market. It encourages countries to take eradication efforts less seriously, and seemingly undermines the commitment of the international community to the war on drugs, once it gives in on this narcotic. This will make not just cocaine but many other drugs more widely available, leading to even more ruined lives through drug abuse.  [1] M&C News. “Bolivia undermines global anti-drug efforts, UN warns”. M&C News. Jul 5, 2011.   [2] Associated Press. “U.S. to fight Bolivia on allowing coca-leaf chewing”. The Portland Press Herald. January 19 2011.

negative: Violence creates a downward spiral of violence  Just as the United States cannot be blamed for weak governance in Mexico it cannot be blamed for the spiral of decline that occurs as a result of that weak government. Once the police and local government are infiltrated it becomes very difficult to stop the violence. The gangs gain enough control and power that they can no longer be stopped without a massive investment by the central government. Any who do stand up to the traffickers are killed as, for example, was Alejandro Domínguez when appointed to serve as the city police chief of Nuevo Laredo. Domínguez made it clear that he would not negotiate with the cartels. As he was leaving his office on June 8 2005, his first day on the job, he was ambushed and killed by gunmen. [1]  A culture of fear exists in Mexico, as in other countries where the government fails to suppress gang warfare. Fear within the government and police force paralyses both into inaction Municipal and state officials insist that the problem is not theirs to solve, since drug trafficking is a federal crime, or they engage in denial, claiming that the situation is improving and that the violence will soon end. While journalists report the death and violence they fear to report on who caused them, the background or the causes of the violence; the media self-censors itself. [2]  [1] Althaus, Dudley, and Buch, Jason, ‘Nuevo Laredo police chief killed on street’, Houston Chronicle, 3 February 2011.  [2] Laurie Freeman, ‘State of Siege: Drug-Related Violence and Corruption in Mexico Unintended Consequences of the War on Drugs, WOLA Summer report (2006), pp.5-7.

negative: Mexico’s government is no weaker than any other government. The country in Central America which has the lowest homicide rate is Costa Rica, [1] a country which has no standing army. [2] Yet it suffers from many of the same disadvantages that Mexico has, for example, like Mexico it is on the drugs route to the United States. This implies that at the very least having a weak government is not the whole cause of Mexico’s conflict.  Yes there is a weak government in Mexico, particularly at the local level, but we need to ask ourselves how the government becomes so subverted. The answer is money. There have been allegations that President Vicente Fox allowed the most powerful drug lord to escape prison in 2001 in return for $20 million. [3] If the very top of the governmental hierarchy can be subverted for money then the rest is as well.  [1] Schwarz, Isabella Cota, ‘Homicide rate drops to lowest in region’ The Tico Times, 8 June 2012.  [2] ‘Costa Rica’, The World Factbook, 24 May 2012.  [3] Rohr, Mathieu von, ‘A Nation Descends into Violence’, Spiegel Online, 23 December 2010.

negative: Actually prescription drugs are generally sold expensively worldwide, especially in North America and receive enormous profits, regardless of the advertising. Companies actually have enormous budgets dedicated to advertising, in countries where it is legal. They are required to spend this money because they have to compete with other companies that are advertising their products, but if there were no advertising, they could spend the money on more research.  The pharmaceutical industry has been the most profitable industry in America for each of the past 10 years and, in 2001, was a five-and-one-half time more profitable than the average for Fortune 500 companies [1] . Moreover, in Canada, the sale of a typical patented branded drug would bring about a profit margin of almost 70% [2] .  “U.S. Pharmaceutical Launches: Marketing Spend and Structure" reveals that the average blockbuster brand in the United States allots 49% of its budget to fulfill advertising needs. This hefty allotment is attributed to the fact that most blockbuster brands target a mass-market audience that requires large-scale advertising. [3]  Advertising reduces the incentive for research into new drugs as companies have found the returns on investment in advertising are better than those on research and development. This is particularly the case as it has become increasingly difficult to find a ‘blockbuster’ drug (because increasingly, new drugs are minor adjustments to existing ones). Significant changes to the way drugs are researched are needed for scientific advancements, but such changes are expensive and carry high risks of failure. It is of much lower risk is to the manufacturer to relicense existing drugs for new markets and new consumers, thereby allowing them to re-brand the drug [4] .  So they do not use the money mainly for research for new therapeutics, but spend nearly half of it on advertisements to maximize their profit even more.  [1] CIBC World Markets (2003) 2003 Investors' Guide to The Canadian Drugstore Industry, published 2003,  , accessed 07/30/2011  [2] Families USA (2002) Profiting from Pain: Where Prescription Drug Dollars Go,  , accessed 07/30/2011  [3] PR Newsmedia – United Business Media, Pharmaceutical Advertising: United States vs. Europe, published 12/22/2010,  , accessed 07/29/2011  [4] Turning ideas into products- a pharmaceurtical paradigm shift.

negative: disease health general house would allow production generic drugs Allowing production of generic drugs saves lives, particularly in the developing world  Many developing countries are fraught with terrible disease. Much of Africa and Asia are devastated by malaria, and in many parts of Africa AIDS is a horrendous scourge, infecting large percentages of many countries populations. For example, in Swaziland, 26% of the adult population is infected with the virus1. In light of these obscenely high infection rates, African governments have sought to find means of acquiring enough drugs to treat their ailing populations. The producers of the major AIDS medications do donate substantial amounts of drugs to stricken countries, yet at the same time they charge ruinously high prices for that which they do sell, leading to serious shortages in countries that cannot afford them. The denial of the right to produce or acquire generic drugs is effectively a death sentence to people in these countries. With generic drugs freely available on the market, the access to such drugs would be facilitated far more readily and cheaply; prices would be pushed down to market levels and African governments would be able to stand a chance of providing the requisite care to their people2. Under the current system attempts by governments to access generic drugs can be met by denials of free treatments, leading to even further suffering. There is no ethical justification to allow pharmaceutical companies to charge artificially high prices for drugs that save lives. Furthermore, many firms that develop and patent drugs do not share them, nor do they act upon them themselves due to their unprofitability. This has been the case with various treatments for malaria, which affects the developing world almost exclusively, thus limiting the market to customers with little money to pay for the drugs3. The result is patents and viable treatments sitting on shelves, effectively gathering dust within company records, when they could be used to save lives. But when there is no profit there is no production. Allowing the production of generic drugs is to allow justice to be done in the developing world, saving lives and ending human suffering.  1 United Nations. 2006. "Country Program Outline for Swaziland, 2006-2010". United Nations Development Program. Available: 2 Mercer, Illana. 2001. "Patent Wrongs". Mises Daily. Available: 3 Boseley, Sarah. 2006. "Rich Countries 'Blocking Cheap Drugs for Developing World'". The Guardian. Available:

negative: U.S. policies have helped create the cartels  A change in US immigration law in 1996 meant that non-citizens and foreign born citizens sentenced to more than a year in jail are deported. This moved the problem from the USA’s cities to cities in Central America creating new gangs that were already bound by ties created in the US. Effectively gangs created in the US thrived in central America where they were able to overwhelm the local government and spread north to Mexico and back into the USA helping create the network of gangs and drugs traffickers that plague Mexico today. [1] Similarly the problems in Mexico represent the success of the US in cutting of the routes through the Caribbean used previously by drugs traffickers. Colombian criminals as a result simply switched routes and began smuggling cocaine and heroin through the Central American isthmus and Pacific routes. Both smuggling routes led through Mexico. The successes of the war on drugs in Columbia has reduced the size of the drugs groups in Columbia reducing their ability to control the whole route to the USA making room for the Mexicans to take the role of middleman through Central America. [2]  [1] Wolfe, Adam, 'Central America's Street Gangs Are Drawn into the World of Geopolitics', Power and Interest News Report, 25th Aug. 2005.  [2] Logan, Samuel, ''Mexico's Internal Drug War'', Power and Interest News Report, 14th August 2006.

negative: disease health general house would allow production generic drugs Production of generic drugs reduce medical costs by allowing increased production and the development of superior production methods, increasing market efficiency  The sale of generic drugs invariably reduces costs to consumers. This is due to two reasons. It may be the case that an individual or firm with a patent, essentially a monopoly right to the production of something, may not have the ability to efficiently go about meeting demand for it. Patents slow, or even stop the dissemination of the production methods, especially when a patent-holder is unwilling to license production to others1. Such an outcome is deleterious to society, as with no restrictions on drug production an efficient producer, or producers, will emerge to meet the needs of the public, producing an amount of drugs commensurate with demand, and thus equilibrating market price with that demand2. This market equilibration is impossible under conventional patent laws, as it is in the interest of firms to withhold production and to engage in monopolist rent-seeking from consumers3. This leads firms to deliberately under-produce, which they have been shown to do in many cases, as for example the case of Miacalcic, a drug used to treat Paget's Disease, in which its producer deliberately kept production down in order to keep prices high4. When a firm is given monopoly power over a drug it has the ability to abuse it, and history shows that is what they are wont to do. By allowing the production of generic drugs, this monopoly power is broken and people can get the drugs they need at costs that are not marked far above their free market value.  1 Kinsella, Stephan. 2010. "Patents Kill: Compulsory Licenses and Genzyme's Life-Saving Drug". Mises Institute. Available: 2Stim, Rishand. 2006. Profit from Your Idea: How to Make Smart Licensing Decisions. Berkeley: Nolo. 3 Lee, Timothy. 2007. "Patent Rent-Seeking". Cato at Liberty. Available: 4 Flanders Today. 2010. "Big Pharma Denies Strategic Shortages". Flanders Today.

negative: disease health general house would allow production generic drugs When generic drugs are legalized firms and individuals no longer feel the incentive to misallocate resources to the race to patent new drugs and to monitor existing patents, or to spend resources stealing from one another  Patent regimes cause firms to inefficiently allocate resources. One such inefficiency arises from the duplication of effort by firms seeking to develop the same or very similar drugs, though only the first to do so may profit from it due to the winner-takes-all patent system. This leads to brutal races and excessive expenditure of resources to be first over the line and to monopolize the production, at least for a time. These races can thus lead to efforts by firms to steal research from one another, thus resulting in further wastes of resources in engaging and attempting to prevent corporate espionage. Another serious inefficiency arises in the production of similar products to existing ones, seeking to get around existing patents. Such has been the case for years in the pharmaceutical industry, which has succeeded, for example, in curing erectile dysfunction dozens of times. An overemphasis on such spinning off of similar products is the result of patent-generated inefficiency 1. The inefficiency does not end with production, however, as firms likewise devote great amounts of resources and effort to the development of non-duplicable products, in monitoring for infringement, and in prosecuting offenders, all of which generates huge costs and little or no return 2. Furthermore, the deterrent effect to patent piracy generated by all the efforts of the state and firms has proven generally minimal. Clearly, in the absence of patent protection for pharmaceuticals, markets and firms will behave more efficiently. This is shown by the introduction of generic antiretroviral drugs for treating AIDS where the introduction of generic drugs forced the price of the branded drugs down from $10439 to $931 in September/October 2000 3.  1 Gabb, Sean. 2005. "Market Failure and the Pharmaceutical Industry: A Proposal for Reform". National Health Federation. Available: 2 World Intellectual Property Organization. 2011. "Emerging Issues in Intellectual Property". Available: 3 Avert.org, "AIDS, Drug Prices and Generic Drugs",

negative: disease health general house would allow production generic drugs Allowing the sale of generic drugs will not help the plight of the developing world. Many drug companies invest substantial amounts of money, gleaned from the sale of profitable dugs in the developed world, into researching treatments for the developing world. Without the revenues available from patent-protected drug sales, companies' profits will fall, precipitating a reduction in pro bono giving and research. Allowing the production of generic drugs will thus in the long run hurt the developing world.

negative: animals philosophy ethics science science general house would ban animal People would die and suffer needlessly under such a policy  23 new drugs are introduced each year in the United Kingdom alone . [1] . While almost all of these drugs will have been brought to the market after extensive animal testing, the number of animals used to check their safety only seems to be a high cost when the benefits that each drug brings to its users are inadequately considered.  New drugs that are approved for medical use have the potential to relieve human pain and suffering not only for the first group of patients given access to them, but also for future generations of sick and suffering individuals too. Consider all the lives, all over the world, that have benefitted from penicillin since its discovery in 1928. If drugs cost more to research and develop, then that reduces potential profit margins, and some drugs that would have otherwise been discovered and released will fall below the new threshold of likely profits necessary to fund the research. Adopting this proposition will lead to more people suffering and dying in the future than would have otherwise been the case.  [1] BBC News. 2013. Falling drug breakthroughs 'a myth'.

negative: disease health general house would allow production generic drugs Robust drug patent laws incentivize investment of time and money in developing new products  When a real chance of profit exists in the development of a new product or drug, people and firms put the effort into developing and creating them. The incentive to profit drives a great deal of people's intellectual endeavors. Research and development, for example, forms a major part of industries' investment, as they seek to create new products and inventions that will benefit consumers, and thus society as a whole. Research and development is extremely costly, however. The US pharmaceutical industry alone spends tens of billions of dollars every year on researching new drugs1. The fear of theft, or of lack of profit stemming from such research, will serve as a powerful disincentive to investment. Without the protection of patents, new drugs lose much of their value, since a second-comer on the field can simply take the formula and develop the same product without the heavy costs of research involved, leaving the innovative company worse off than its copycat competitor. This will lead to far less innovation, and will hamper companies currently geared toward innovative and progressive products. Patent protection is particularly important to companies with high fixed costs and low marginal costs, such as pharmaceutical firms. Without the guarantee of ownership over intellectual products, the incentive to invest in their development is diminished as they will not be guaranteed a payback for their research costs as a competitor could simply take the product off them. Within a robust patents system, firms compete to produce the best product for patenting and licensing that will give them a higher market share and allow them to reap high profits. These incentives lead firms to "invent around" one another's patents, leading to gradual improvements in drugs and treatments, benefiting all consumers2. Without patents the drugs companies are trapped in a kind of prisoners' dilemma where both are individually better off by refusing to innovate, yet both suffer if neither innovates. Patents are the solution to this: if a company innovates, it alone can reap the rewards of the new invention3. In the absence of patent protection there is no incentive to develop new drugs, meaning in the long run more people will suffer from diseases and ailments that might have been cured were it profitable to invest in developing them. Clearly, patent protection is essential for a dynamic, progressive pharmaceutical industry.  1 Congressional Budget Office. 2006. Research and Development in the Pharmaceutical Industry". The Congress of the United States. Available: 2 Nicol, Dianne and Jane Nielsen. 2003. "Patents and Medical Biotechnology: Empirical Analysis of Issues Facing the Australian Industry". Center for Law and Genetics Occasional Paper 6. Available: 3 Yale Law & Technology. 2011, "Patents: Essential, if flawed", Available:

negative: disease health general house would allow production generic drugs Patent rights allow firms to more readily release their products and methods into the public domain, particularly through licensing  Without patent protection, innovative and enterprising firms lacking the capacity to market successfully or efficiently produce new drugs might develop new drugs and never release them, since it would simply result in others profiting from their efforts. After all, no one likes to see others profit by their hard work, and leaving them nothing; such is tantamount to slavery. Patent protection encourages the release of new ideas and products to the public, which serves to benefit society generally1. The main mechanism for this is the system of licensing, by which firs can retain their right of ownership over a drug while essentially renting the ability to produce it to firms with productive capacities that would better capitalize on the new product. Furthermore, the disclosure of ideas to the public allows firms to try to make the product better by "inventing around" the initial design, or by exploiting it once the term of the patent expires2. If the drug formula never enters the public, it might never do so, leaving society bereft of a potentially valuable asset.  1 Rockwell, Llewellyn. 2011. "The Google Pharm Case". Mises Daily. Available: 2 Business Line. 2007. "Patents Grant Freedom to Invent Around". Hindu Business Line. Available:

negative: economic policy economy general international americas house supports creation The FTAA is bad for South American Agriculture.  During the FTAA negotiations, the US has consistently refused to eliminate subsidies for American farmers [1] . Because of subsidies, great agricultural surpluses are produced that are then sold on developing markets at prices lower than the cost of production. Farmers in places like Brazil or Argentina, who are much more efficient in their process of production but do not benefit from subsidies, could not compete with these low priced imports, either locally or on the American market. Farmers would soon go out of business.  [1] Marquis, Christopher. “Panama Challenges Miami as Free Trade Headquarters.” New York Times. 11 November 2003. www.nytimes.com/2003/11/11/world/panama-challenges-miami-as-free-trade-h...

negative: Desire to stabilize Central Asia  September 11th brought a change in how the United States dealt with the autocratic rulers of Central Asia, bringing policy more into line with Moscow’s interests. The US changed from promoting democracy in the region to trying to keep the region stable by supporting the incumbent regimes. For example Uzbekistan was given US political, military and economic support despite human rights violations. [1] There were also secondary US interests that were not related to terrorism such as attempting to limit the production of drugs and the corruption this causes. President Putin recognised that “Terrorism and drugs are absolutely kindred phenomena.” With Russia’s immense drug problems “We have a conspicuous growth of the share of highly concentrated drugs, and in the first place Afghan heroin” [2] The promotion of “peace and stability to Afghanistan” and the promised aid to “rebuild Afghanistan and the region economically,” were also recognised by George Bush as US interests in the region. [3] There has therefore in the aftermath of 9/11 been a dovetailing of interests in central Asia and in particular Afghanistan and on the war on drugs.  [1] Lena Jonson, Vladimir Putin and Central Asia The Shaping of Russian Foreign Policy, (I.B. Tauris, London, 2004), p.64.  [2] Speech by President Vladimir Putin at a Meeting of the Security Council of the Russian Federation, Moscow, September 28, 2001  [3] Joint Statement by President George W. Bush and President Vladimir V. Putin on Afghanistan, Office of the Press Secretary, November 13, 2001,

negative: The United States has consistently demonstrated that it is a true partner in the war on organized crime in Northern Mexico. For instance, it has used unmanned drones like the ones in Pakistan to gather intelligence on Mexican drug lords.1 The relationship is healthy and Mexican officials frequently cooperate; it is certainly possible that there are underlying domestic political motivations for those politicians to be making such strong statements, and we should not necessarily take them at face value as representing the best picture of Mexican-American relations.  1 Defense News. "US Drones Track Drug Lords Over Mexic

negative: Gives power to military coup leaders  Assistance from the US would ensure that the coup leaders of Guinea Bissau remain in power. The securitisation of issues such as drugs and ‘terror’ is encouraged by the United States. A major problem with this policy is that it provides undue power and legitimacy to those countering the threat1. In early 2014, the military were still unconstitutionally ruling over the country. The drug war provides an external threat for the military to justify their leadership position. Considering the military has refused to allow democratic elections to occur and has regularly committed coups2, the US drug war could be a perfect excuse for to remain in power until the ‘threat’ subsides.  1) Crick,E. ‘Drugs as an existential threat: An analysis of the international securitization of drugs’, International Journal of Drug Policy, 2012  2) BBC, ‘Guinea-Bissau drug trade ‘rises since coup’, 31 June 2012

negative: This reduces the incentive for pharmaceutical companies to complete the testing process  Testing new drugs is a very expensive process, in 2000 the average cost was estimated at around 86 million for the large scale phase III tests1 however this is contested and it could be much higher it represents 40% of pharmaceutical companies R&D expenditures, which since a recent estimated the development cost of a drug can be up to $5.8billion (due to including failures) the cost of trials would in some cases then be $2billion,2 which is currently funded by pharmaceutical companies. They fund these tests because it is either impossible, very difficult or very risky to access large markets before testing has been completed (e.g. in the USA companies are only allowed to sell new drugs “off-study”, i.e. during trials, at cost3)  If you allow all terminally ill patients access to experimental drugs, you reduce the incentive for companies to continue testing their products: they will have access to a large market prior to the completion of testing, and will therefore have no incentive to complete trials, which are expensive and risk finding the product ineffective.  1 DiMasi, Joseph A. et al., ‘The price of innovation: new estimates of drug development costs’, Journal of Health Economics, Vol.22, 2003, pp.151-185, p.162   2 Roy, Avik S. A., ‘Stifling New Cures: The True Cost of Lengthy Clinical Drug Trials’, Project FDA Report, No. 5, April 2012,   3 Schüklenk, Udo, and Lowry, Christopher, ‘Terminal illness and access to Phase 1 experimental agents, surgeries and devices: reviewing the ethical arguments’, British Medical Bulletin, Vol.89, 2009, pp.7-22,

negative: th addiction health general law crime policing house supports legalisation drugs If the state is to make money from taxing drugs, this undercuts the (supposed) advantages of lower-priced drugs and will just encourage a black market to continue. In the UK, there is large black market for tobacco; it is suspected that tax has not been paid on 21% of cigarettes and 58% of hand rolling tobacco consumed. [1] Furthermore, for the state to take revenue from this practise is morally wrong, whatever use the money is put to. The point of drug treatment is to help abusers off drugs, but under the proposition’s system the state would have a financial interest in prolonging addiction.  [1] Tobacco Manufacturers’ Association, ‘Tobacco Smuggling and Crossborder Shopping’,

negative: The United States can reduce domestic demand for drugs through education  Like Obama, Romney has indicated a willingness to talk to Mexican leaders about collaboration and has admitted the need to address large-scale demand for drugs in the United States. When asked how to improve the War on Drugs, he stated, “We gotta stop the demand here in this country.” [1] And that demand is immense, it is estimated that there are 22.6 million Americans aged 12 of over using illegal drugs. [2] Additionally, he told the Hispanic Leadership Network that along with preventing demand through education, the United States needs to improve its control of the Mexican border. [3]  Romney will try to control domestic demand for drugs by prohibiting their use, educating young people about their harms (as exemplified by his record as Governor of Massachusetts) [4] , and punishing those who break the law. Through education and regulation, the United States can win the War on Drugs, rather than appease drug growers, traffickers, dealers, and users.  [1] Romney, Mitt, ‘Romney Rally Pinkerton Academy Derry, NH’, Youtube, 7 January 2012.  [2] Substance Abuse and Mental Health Services Administration, ‘Results from the 2010 National Survey on Drug Use and Health: Summary of National Findings’, NSDUH Series H-41, HHS Publication No. (SMA) 11-4658. Rockville, MD: Substance Abuse and Mental Health Services Administration, 2011.  [3] Romney, Mitt, ‘Mitt Romney Remarks at Hispanic Leadership Network’, C-Span, 27 January 2012.  [4] Harclerode, Kelsey, ‘What Would President Mitt Romney’s Drug Policy Look Like?’, the Atlantic, 2 March 2012.

negative: The Schengen Agreement is an anachronism of a safer age.  Since the Schengen Agreement was first designed and implemented the world has moved on and become a much more dangerous place. The war on terror has already brought bombings to a number of European cities, and this changed circumstance makes Schengen a luxury the EU can no longer afford. September 11th has created a preoccupation with the security of the Union’s external borders. [1] Even before September 11th 2001 the drawbacks of open borders in terms of crime were obvious - which is why Paris controversially imposed stricter checks against drugs flowing into France from the more relaxed regime in the Netherlands using a broad interpretation of the rules for temporary issues of public order. [2] Since 9/11 there is a pressing need for stricter border controls to catch international terrorists and prevent the movement of dangerous materials which could be used in terror attacks.  [1] Batt, Judy, ‘The enlarged EU’s external borders – the regional dimension’, Partners and neighbours: a CFSP for a wider Europe, (September 2003), pp.102-118,  p.104  [2] Easton, Susan H., ‘Honor Thy Promise: Why the Dutch Drug Policies Should Not Be a Barrier to the Full Implementation of the Schengen Agreement’ Boston College International and Comparative Law Review, Vol.23., Issue 1., (12-1-1999),   See also the Text of Schengen Agreement, especially Article 2.2

negative: education general secondary crime policing house supports random drug testing School's duty of care  Peer pressure drives most drug use among children and teenagers. [1] The fact that the state requires all children to be engaged in education means that most of them will be gathered into large groups in schools for most of the day, five days a week, essentially creating the necessary conditions for peer pressure to take place and be powerful. This occurs as some children face ostracism or exclusion from their peers in the social environment that the state compels them to be in if they refuse to take illegal drugs, if drug use is deemed necessary to be 'cool' or 'popular'.  It is, generally, the state that operates a western liberal democracy’s education system. Under circumstances in which children are placed into the care of the state, and are made vulnerable to peer pressure the state has a duty to ensure that children are not coerced into using drugs. This means that concerns of 'privacy' are secondary to protecting the choice not to take drugs, as ensuring the 'privacy' of all students by not having random drug tests empowers some students to socially coerce other students into using drugs when they otherwise would not.  Random drug tests help prevent cultures or norms of drug-taking (by which it can become the 'cool' thing to do) by ensuring that most drug users will be caught and helped to quit, thus protecting the choice of others not to be pressured into drug use.  [1] Rosenbaum, Marsha. “Safety First: A Reality-Based Approach to Teens and Drugs”. Drug Policy Alliance. January 1, 2007

negative: Becoming a narco-state  Guinea-Bissau’s social fabric is being destroyed by the presence of the drug trade and requires international support. Guinea-Bissau has been named as Africa’s first Narco-state; a country controlled by drug cartels and gangs. Violence committed by these gangs has escalated since the arrival of the Columbian cartels in 20071. Addiction, a consequence of the cocaine and heroin use, is prevalent throughout much of the country. It was estimated in 2012 that around 20-30% of the population use crack, an extremely addictive form of cocaine, and there is only one clinic in the country2. The only people who are visibly profiting from the presence of drugs are the Columbian drug lords who have extravagant mansions and modern cars3. Guinea-Bissau cannot hope to fight the prominence of these gangs by themselves and require aid.  1) Time, ‘Guinea-Bissau: World’s First Narco-State’, data accessed 28 January 2014  2) Hatcher,J. ‘Guinea-Bissau: How Cocaine Transformed a Tiny African Nation’, Time, 15 October 2012  3) Vulliamy,E. ‘How a tiny West African country became the world’s first narco state’, The Guardian, 9 March 2008

negative: th addiction health general law crime policing house supports legalisation drugs Legal drugs would increase tax revenue  In 2009-2010, the tax revenue from tobacco in the UK was £10.5 billion. [1] If the state legalizes drugs, it can tax them and use the revenue from this practise to fund treatment. At the moment such treatment is difficult to justify as it appears to be spending ordinary taxpayers’ money on junkies.  [1] Tobacco Manufacturers’ Association, ‘Tax Revenue From Tobacco’, accessed 16th June 2011 -

negative: Corruption is still present in many states which have joined the US drug war. The war on drugs has done little, and perhaps exacerbated, Columbia’s corruption despite US assistance. In 2011, Columbian ex-government ministers were jailed and prosecuted for corruption and co-operation with paramilitaries.1Judicial reforms have also met with varied success. The Merida Initiative in Mexico, designed at removing the corruption of the cartels, has failed to address corruption in the judicial system which is still rampant. 2  1) Bogota,S. ‘Closer and closer to the top’, The Economist, 29 July 2011  2) Corcoran,P. ‘Mexico Judicial Reforms Go Easy On Corrupt Judges’, In Sight Crime, 16 February 2012

negative: Force does more harm than good.  The use of force is incredibly damaging to the people you are trying to protect.  Military intervention inevitably leads to further casualties and loss of civilian life. All warfare has civilian costs due to imperfect strategic information, the use of human shields and the simple fact that more bombs, troops and guns leads to more violence and thus more death of those caught in the crossfire. Adding to this the propensity of forces to hide among civilian populations and, often, the lack of identifiable military uniforms, leads to further human costs and prolonged guerrilla warfare.  Adding to human cost is the infrastructural costs of prolonged warfare, particularly seen in interventions including bombing campaigns, leads to prolonged and sustained damage caused by the use of force both during war and in reconstruction.  For example, the NATO bombing campaign in Kosovo in 1998 led to 1,200-5,000 civilian deaths [1] .  If we are aimed at protecting the human rights of individuals, the massive loss of human life, and sustained damage to basic infrastructure necessary for the functioning of the state means the use of forces furthers human rights abuses, not stops them.  [1] "Kosovo: Civilian Deaths in the NATO Air Campaign." Human Rights Watch. United Nations High Commission for Refugees, n.d. Web. 7 Jun 2011. <  .

negative: Afghanistan is only of limited value to American and other NATO countries' security, especially in the context of other areas where the resources could be used. Amdrew Bacevich argued in 2009: "What is it about Afghanistan, possessing next to nothing that the United States requires, that justifies such lavish attention? In Washington, this question goes not only unanswered but unasked. Among Democrats and Republicans alike, with few exceptions, Afghanistan’s importance is simply assumed—much the way fifty years ago otherwise intelligent people simply assumed that the United States had a vital interest in ensuring the survival of South Vietnam. As then, so today, the assumption does not stand up to even casual scrutiny. [...] For those who, despite all this, still hanker to have a go at nation building, why start with Afghanistan? Why not first fix, say, Mexico? In terms of its importance to the United States, our southern neighbour—a major supplier of oil and drugs among other commodities deemed vital to the American way of life—outranks Afghanistan by several orders of magnitude." [1]  The sort of fear-mongering about Pakistan, nuclear war and a new 9/11 is the same sort of scare tactics which were used to justify and perpetuate the war in Vietnam. As Peter Navarro argued, "During my senior year in high school, in 1966-67, our local congressman came to speak to us soon-to-be-draftees about the necessity of the Vietnam War. His basic pitch was a frothy combination of Red menace, yellow peril, and domino theory. [...] the speech rang as hollow as a beer keg after a frat party. [...] Today, I get the same kind of hollowness in my gut every time I hear President Barack Obama and a gaggle of Democratic and Republican hawks offer eerily similar arguments for the Afghanistan war. Terrorism is the new Red menace. Yellow peril has morphed into radical Islam. Dominoes, perhaps surprisingly, are still dominoes. In fact, sober analysis of the two major arguments in support of the war leads me to the same conclusion as my gut – let's get the hell out." [2]  Moreover the terrorist threat from Afghanistan is low, Zaid Hamid, head of Brass Tacks, a think-tank based in Pakistan, argues: "Their presence and capacity is greatly exaggerated. It is not possible that the so-called exaggerated threat perception by the West about another 9/11 attack being waged from Pakistan’s FATA or Afghanistan takes place." [3]  [1] Bacevich, Andrew J. "The War We Can't Win". Commonweal. 14 August 2009.   [2] Navarro, Peter. "Orange Grove: Get out of Afghanistan now". OC Register. 25 September 2009.   [3] Leghari, Faryal. "Troop Surge in Afghanistan is a Military Fallacy". Khaleej Times. Spearhead Research. 20 February 2009.

negative: The costs and effects of advertising will place an additional burden on the healthcare system  Allowing advertising places an additional burden on the health care system.  As a result of advertising, if it were allowed, many patients would request the more expensive brand drugs and so place an additional burden on the public health care system. The offered generic drugs have the same effect; they are simply cheaper because they do not spend several millions on advertising.  Drug costs are increasing at a faster rate in the United States than anywhere else in the world (roughly by 25% year on year since the mid-1990s). This growth has been mainly driven by patients demanding advertised drugs (they accounted for half the 2002-2003 increase, for instance). Advertised drugs are always more expensive than generic rivals because of the branding and advertising costs, as well as the increased price that manufacturers can demand for a snappily named product. In private health care systems, this drives up insurance premiums, thereby pricing large numbers of people out of health care coverage (44 million Americans have no coverage, despite the United States spending more per capita on health care than any other country). Alternatively, it forces many people to select insurance packages with lower levels of coverage (the solution introduced in 2005 by the Bush administration). The EU has estimated that its member states with public healthcare systems would be crippled if they spent as much on drugs as the United States [1] .  Actually estimates in the United Kingdom state that, by buying generic drugs, the public health care system could save more than £300m a year. General practioners could make more use of cheaper, non-brand versions of the drugs, without harming care. An example of the NHS overpricing drugs: one treatment for gastric problems, Omeprazole, can be bought from wholesalers for between £2.50 and £3.40, yet the NHS pays £10.85 every time it is prescribed. To make the matter worse, doctors often over-prescribe; at least £100m could be saved if they were more careful in this matter. [2]  Therefore, because it would create a substantial financial burden to the current public health care system, allowing advertising would be a bad idea.  [1] Heath Care in the United States.   [2] BBC News, Drug profiteering claims denied, published 03/14/2004,  , accessed 07/30/2011