query: The ICC fails to prevent atrocities.  The ICC will not deter the commission of war crimes or genocide. The Third Reich augmented the crimes of the Holocaust when it became clear that the Allies would defeat them in Europe. The only expectation of the Nazi leadership was immediate execution, rather than trial in a judicial forum. Similarly, Slobodan Milosevic and the Bosnian Serb army conducted a campaign of ethnic cleansing in Kosovo whilst the International Criminal Tribunal for the Former Yugoslavia (ICTY) was sitting in the Hague. The calculation of whether to commit gross human rights violations is not that of the reasonable and rational individual. The existence of a court, however well intentioned, will have no effect on the commission of these crimes.

positive: human rights international law politics government warpeace house would recognise It is ludicrous to claim that the ICC will fail to deter atrocities when such an international institution has never before existed. Moreover, the ICC is not designed to be a prophylactic ; for the victims of these terrible crimes it is crucial that these offenders are apprehended, tried and punished. Retribution and protection of society are objectives not only for the domestic criminal justice system but also for the new international version. Therefore, even if the ICC failed to prevent the atrocities in the first place, a mechanism is now in place to punish those responsible. Justice is not sufficient where war crimes are concerned, but it is a start.

negative: americas middle east house believes us and israel should join international It took nearly two years for the ICC to launch an investigation into atrocities in the Central African Republic. This has helped defeat the argument that it would be faster than the International Criminal Tribunal for the former Yugoslavia and International Tribunal for Rwanda were. So far being indicted by the ICC has had little impact; for example it failed to prevent the election of Uhuru Kenyatta, who is currently facing trial by the ICC for crimes against humanity, as President of Kenya.  The ICC is also hamstrung by its inability to capture defendants itself. It can only do so with the co-operation of its member states.  The US and Israel have nothing to gain from membership, and everything to lose in terms of being on the receiving end of politically motivated and abusive prosecutions.

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: africa global law human rights international law house believes Deters future offences  By prosecuting those who commit crimes against humanity and war crimes future leaders are dissuaded from committing such acts [1]. When criminals are held accountable, the belief in the reliability of the legal system is enhanced, society is strengthened by the experience that the legal system is able to defend itself and the sense of justice is upheld or rectified [2].  Since the Office of the Prosecutor announced its interest in Colombia in 2006, the government has taken a number of measures particularly the Peace and Justice Law to ensure domestic prosecution of those who could potentially be tried by the ICC. The threat of ICC prosecution appears to have concerned former President Pastrana. Vincente Castrano (AUC) a paramilitary leader was fearful of the possibility of ICC prosecution, a fear that reportedly directly contributed to his group’s demobilisation[3].  [1] Safferlin, Christoph J.M., ‘Can Criminal prosecution be the answer to massive Human Rights Violations?’, issafrica.org,   [2] Grono, Nick, ‘ The Deterrent Effect of the ICC on the Commission of International Crimes by Government Leaders ’, globalpolicy.org, 5 October 2012,

negative: The example of Kosovo is not similar because of the terrible treatment including ethnic cleansing, mass murder and torture that Kosovars suffered within the former Yugoslavia and Serbia. Even if other examples are more similar, they are regrettable themselves, we should be seeking to bring nations together through means such as the EU and UN not split them apart.  The main reason for Kosovo's recognition stemmed from the fact that it was never really simply part of Serbia. Until the illegal constitutional changes made by Milosevic in 1989, Kosovo was a part of the Yugoslav federation in its own right, with its own seat on the Yugoslav presidency. One can't possibly claim the same constitutional status for RS, which is quite simply the areas of Bosnia which the Bosnian Serb forces were able to ethnically cleanse and keep after the war ended in 1995. Unlike Kosovo, the RS has no historical, legal or constitutional precident and is to a large degree the product of ethnic cleansing.

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: 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: 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: Kenyans wanted the investigation  It cannot be unwelcome interference in Kenya’s internal affairs when it was Kenyans who invited the ICC in. It was the Kenyan government that set up the Waki commission under Kenyan Court of Appeals Judge Philip Waki into the violence. It was then this commission that decided to pass the results of its investigation on to the ICC in order to get prosecutions due to the failure to set up a special tribunal. [1] The Kenyan government may have disliked the final outcome of its creation of such a commission but it was undoubtedly asked for by the Kenyan judiciary. Moreover until it became clear that the trial could collapse Kenyans were largely supportive with more than half the country supporting the trial. [2]  [1] Justice Initiative Kenya Monitor  [2] Maliti, Tom, ‘New opinion poll finds rise in support for ICC; many want Kenyatta to attend trial’, Kenya Monitor, 15 November 2013,

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: Our world cultural heritage is extremely important and its destruction would constitute a crime against humanity.  Cultural property is important for many reasons. In this argument, its significance as part of our world cultural heritage will be assessed, while in the second argument, its local significance is examined.  Sites of cultural heritage often carry a large degree of aesthetic value. Renowned World Heritage sites like the Coliseum in Rome or the Pyramids of Giza or the Forbidden City in Beijing are truly stunning and constitute a masterpiece of architecture and a celebration of what the human mind and human culture are capable of. Their stunning beauty alone is sufficient to warrant their protection. However cultural property is more than just aesthetically valuable – they tell a story of human existence. Everything that makes up our society (our moral and aesthetic values, our language, our traditions, our way of life etc.) derives from our ancestors. Cultural property – be it in the form of archaeological sites, monuments or texts and art, provide our only means of connecting with our past. This is invaluable because of the enormous potential for understanding different cultures around the world and how they interact and often conjoin with each other. It offers opportunities for us to learn from the past and forge a better future. Recent atrocities such as the looting of museums in Bagdad and the damage caused to parts of ancient Babylon during the recent Iraq War are hugely harmful to the international community. The loss of part of our world heritage is even greater when one realises that the harms do not only affect our present day society, but all of future humanity.  The far-reaching and global nature of this harm is sufficient for it to be considered a crime against humanity. Indeed, ‘international practice in this ﬁeld indicates deliberate extensive destruction of cultural heritage may be included among international crimes’. [1] The International Criminal Tribunal for the former Yugoslavia (ICTY), for example, ‘places the destruction of buildings dedicated to religion, or of historical and artistic monuments among war crimes (that are part of the broader concept of crimina juris gentium , or crimes against the peace and the security of mankind’. [2] It is therefore evident that despite the lack of a global mechanism (such as the ICC) that currently condemns the destruction of cultural property as crimes against humanity, international precedent with the ICTY suggests it would be perfectly reasonable to do so.  [1] Francioni, Francesco and Lanzerini, Federico: “The Destruction of the Buddhas of Bamiyan and International Law”, EJIL (2003), Vol. 14 No. 4, 619–651, Oxford Journals,   [2] ibid

negative: States have done much good as well; World War Two was fought because states wanted to prevent Nazi conquest; states intervened in the Kosovo war to prevent ethnic cleansing; and the American Civil War was fought to stop slavery, it is clear that states use their military power for good as well as bad, in a stateless world there would be no actors who would be there to prevent people from taking advantage of their fellow man.  While states can do bad things the solution is not to dismantle states, we need a better international court system to help prevent atrocities and hold those responsible accountable for their actions.

negative: The Rome Statute itself does not bind any state to be put on trial – it binds individuals. Individuals violating the criminal law of a state (the Rome Statute also integrating the international criminal law in to the national criminal law) have always been subject to trial and punishment by that state, barring cases of diplomatic immunity or other separate cases. This is nothing new – the Rome Statute respects the sovereignty of a nation within its territory. If anything, it is the use of coercive tactics by a state to give its citizens immunity from the ordinary law that is the violation of national sovereignty.  Even without the BIAs it would only be possible to prosecute Americans if they commit an international crime in the jurisdiction of another state. When this occurs due to the principle of territoriality it has traditionally been the case that the state upon whose territory the act was committed is able to try those who committed the act. It is not a violation of sovereignty to allow the ICC rather than the other state the right to bring the defendant to trial.

negative: The people of Kosovo are distinct from their neighbours  Kosovo-Albanians are ethnically and culturally distinct from Serbs. They live in a geographically distinct location, Kosovo which is separated from Serbia by the Prokletije, Kopaonik and Zegovac mountains. They comprise 1.7 million people, living within a distinct area, who as the majority are ethnically Albanian and religiously Muslim are clearly different from the Serbs who until recently ruled over them. There was initially a peaceful resistance movement led by Ibrahim Rugova, established after the loss of autonomy and rights the region experienced in the 1990s. However once this failed to make progress in 1997 an armed resistance movement called the Kosovo Liberation Army emerged. [1] Slobodan Milosevic the Serbian leader responded with in ethnic persecution resulting in NATO intervention which in itself should be enough reason to support independence. For all these reasons, Kosovo-Albanians deserve to be allowed to govern themselves just as much as any other people.  [1] Bureau of European and Eurasian Affairs, ‘Background Note: Kosovo’, U.S. Department of State, 16 November 2011,

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: crime policing international law house believes icc should have its own enforcement Those arguments are similar ones to those used against the ICC. An ICC police force, comprised of officers from individual state and supervised by an independent authority appointed by a similar mechanism to the judges, would use the existing frameworks in place for the use of the ICC. If states are happy to have their nationals indicted for international crimes then it stands to reason that these nations should welcome a force that can enforce such indictments and bring these war criminals to trial.

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: A moral imperative to intervene  When a massacre is about to happen it is legal to intervene to prevent that massacre. The ‘Responsibility to Protect’ which was accepted by the UN in 2005. Resolution 60/1 at the 2005 World Summit stated, there was international responsibility “to help to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity. In this context, we are prepared to take collective action in a timely and decisive manner.” Though this will only happen “should peaceful means be inadequate and national authorities are manifestly failing to protect their populations”. [1] This is most certainly the case in Syria where the national authorities are the ones doing much of the killing.  It must be proved that the Syrian regime is responsible for the attacks; the US and UK say there is such evidence but so far the link is not crystal clear. Even the UK government accepts that there must be “convincing evidence, generally accepted by the international community as a whole, of extreme humanitarian distress on a large scale, requiring immediate and urgent relief”. [2] As the doctrine states peaceful means must have been tried – and in Syria after two years of conflict we can safely say a peaceful resolution is not in sight. And the use of force must be proportionate – which since there is no plan for a full scale invasion in Syria it will be. [3]  [1] United Nations General Assembly, ‘Responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity’, Resolution 60/1 2005, p.30   [2] ‘Chemical weapon use by Syrian regime – UK Government legal position’, gov.uk, 29 August 2013,   [3] Cassese, Antonio, ‘Ex iniuria ius oritur: Are We Moving towards International Legitimation of Forcible Humanitarian Countermeasures in the World Community?’, EIJL, Vol.10, 1999,

negative: Could not be tried for all his crimes  The International Criminal Court only tries a few international crimes. This means that other crimes that Yanukovych has committed that are not covered by ‘international criminal law’ cannot be prosecuted at the ICC. It is possible that not all the charges of violence against protesters may count as the crimes against humanity that the court can charge. Equally Yanukovych’s financial crimes cannot be prosecuted at the ICC. It was already known that Yanukovych became very rich as a result of corruption during his time as president but it is only now beginning to become clear how much corruption there was. Yatsenyuk the new Prime Minister “Over $20bn of gold reserve were embezzled. They took $37bn of loans that disappeared. Around $70bn was moved to offshore accounts from Ukraine's financial system in the last three years” with much of that money finding likely finding its way to Yanukovych or his friends. [1] Considering the hole in Ukraine’s finances it would be far better to pursue these crimes.  [1] Walker, Shaun, and Grytsenko, Oksana, ‘Ukraine’s new leaders begin search for missing billions’, The Guardian, 27 February 2014,

negative: traditions law human rights international law society family house would require The ICC is not likely to target children or the leaders of marginalised communities when prosecuting the use of child soldiers. Officials of states parties who play a role in commanding and deploying military units can be held liable for failing to prevent the use of child soldiers at a local level.  If the agony of their circumstances forces a community to recruit ever younger boys into its militia, then officers, ministers or heads of state, along with the commanders of non-state actors, can be brought to trial for allowing children to be used as soldiers. This will be the case whether these individuals do so negligently or by omission. A guilty party need not engage in a positive act.  ICC prosecutors and judges exercise their discretion in order to avoid the types of injustice that the proposition describes. The lack of prosecutions relating to the ad-hoc use of child soldiers by pro-independence groups in South Sudan underlies this fact [i] .  Moreover, the ICC is bound by the principle of complementarity, an obligation to work alongside the domestic courts and legislators of the states that refer potential war crimes to the international community. If a state’s corpus of law allows for a margin of appreciation in judging the actions of isolated and endangered communities, these principles must also be reflect in the investigation and inquiries conduct by the ICC.  Complementarity enables the ICC to function with the flexibility and insight that proposition assume it lacks.  [i] “Raised by war: Child Soldiers of the Southern Sudanese Second Civil War”, Christine Emily Ryan, PhD Thesis, University of London, 2009

negative: ICC is cheaper  Africa bears little of the cost of the ICC – by far its largest contributions come from the European Union, and its member states.  This, coupled with the fact that the ICC is cheaper than the ad hoc tribunals due to economies of scale, means that justice can be delivered to war criminals and those who commit crimes against humanity in an affordable manner – saving resources for helping the victims.

negative: ACC could deal with pan-African problems that the ICC does not address  It has been suggested that offences such as “unconstitutional change of government”, drug trafficking, piracy and corruption [1] should be added to the jurisdiction of an African Criminal Court.  The ICC is limited to only a small number of crimes. However, an African Criminal Court could not only deal with the existing crimes, but create pan-African solutions in terms of dealing with a number of issues where Africa needs particular solutions.  An ACC could deal with piracy off the coast of East Africa, where there is no effective court system, due to Somalia amounting to a failed state. Similarly, “unconstitutional change of government” prosecutions could amount to a deterrent to coups.  [1] IRIN, “Analysis: How Close is an African Criminal Court?”, IRIN (Integrated Regional Information Networks), 13 June 2012,

negative: It is unrealistic to expect the police to act as the sole deterrent to criminal behaviour. The majority of police work concerns the detection rather than the prevention of crime. Only a massive and unfeasible expansion of police numbers and powers could provide a real deterrent to criminality.  The purpose of deterrence is to reduce the likelihood of damaging behaviour without dramatically raising the cost of enforcing the law. Deterrence relies on individuals acting in a rational manner and being able to regulate their own behaviour. Property crime often results from the offender performing a rational balancing of his likely gains against the likely costs of incarceration. Limiting the use of prison sentences means that calculating offenders will be much more likely to engage in property crime.  Finally, the proposition is unable to deal with the threat posed by habitual and compulsive petty criminals. The actions of such individuals often straddle the boundary between outright criminality and anti-social behaviour. Their offences may never be severe enough to attract a penal sentence, but it is the continuous and repeated nature of their criminal acts that causes harm. Once again, the best response to such conduct is the forcible segregation of the offender inside a prison.

negative: ICC treats Africa differently  Africa and its leaders are treated far more contemptuously by the court. The prospect of prosecuting Barak Obama for the killing of civilians by drones which Amnesty International has suggested amount to war crimes [1] or George W. Bush for war crimes in Iraq and Afghanistan is remote – yet Omar Al-Bashir and Uhuru Kenyatta have both been indicted as sitting leaders. The ICC will only prosecute if those who have committed war crimes are not going to be prosecuted locally but this is as much the case for western leaders as African ones. This points clearly to the ICC proselytizing what is ‘right’ and ‘wrong’ to Africans but not to other leaders – treating these leaders less respectfully and blatantly undermining African nations sovereignty in a way they would not, or would dare not, for others.  [1] ‘USA must be held to account for drone killings in Pakistan’, Amnesty International, 22 October 2013

negative: Tribunals do not respect detainees’ rights, but in fact require the undermining of those rights. Regardless of the procedures with which internment is dressed up by embarrassed authorities, it is open to abuse because trials are secret with the executive essentially scrutinising itself. Often there is not a free choice of lawyer to represent the suspect (detainees before US Military Commissions can only choose lawyers approved by the executive). Trials are held in secret with crucial evidence frequently withheld from the accused and his defence team, or given anonymously with no opportunity to examine witnesses properly. Appeals are typically to the executive (which chose to prosecute them), rather than to an independent judicial body. In such circumstances prejudice and convenience are likely to prevent justice being done.

negative: Such restrictions on double jeopardy would not be effective in practice, for they attempt to put a value on the relative importance of crimes without using either the prospect of re-offending or the impact on victims. As QC Geoffrey Robertson noted in response to the Law Commission's finding, it is irrational to confine the possibility of re-trials to 'serious crimes' alone and exclude "repetitive, professional" crime like armed robbery. If the intention of the repeal is to bring both offenders to justice and prevent further crime, it is exactly the 'repetitive, professional' criminals who should be targeted.

negative: ure media television law international law house opposes televising all criminal Unruly defendants can play up to the cameras  Televising the trial can create extra incentives for defendants to attempt to disrupt the process. During his trial, Saddam Hussein regularly made outbursts and went on political rants – based on Iraqi law, he was able to examine witnesses after his lawyer. This was not new – Slobodan Milosevic tried various antics in front of the (televised) ICTY [1] , and Ratko Mladic used those tactics post-Hussein [2] . Milosevic’s approval ratings grew, and he even won a seat in the Serbian parliament while on trial.  A televised trial creates more of a risk of a political hijacking of the trial – something that has been shown to be a successful tactic by Milosevic. This both potentially damages the successor government by giving those on trial a platform and the court itself.  [1] Scharf, Michael P., Chaos in the Courtroom: Controlling disruptive defendants and contumacious counsel in war crimes trials’, University of Galway  [2] Biles, Peter, ‘Mladic’s courtroom antics’, BBC News, 4 July 2011,

negative: rnational africa law human rights international law government leadership voting Kenya needs the trial now  Without justice, there cannot be peace. Following the total failure of the Kenyan justice system to take action, exemplified by the Parliament’s complete and utter rejection of the Waki Commission, the ICC, which Kenya voluntarily signed up to, has to step in.  Ethnic violence still goes on in Kenya [1] , and if there is impunity in this case, no message will be sent out: justice must be done and seen to be done to prevent similar abuses and prevent justice being taken outside of the courts.  [1] Wachira, Muchemi, “Cattle raids and tribal rivalries to blame for perennial conflict”, Daily Nation, November 18 2012,

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: rnational africa law human rights international law government leadership voting Interferes with a democratic mandate  Unlike many of the other ICC defendants, Uhuru Kenyatta and William Ruto have a democratic mandate from elections that “represented the will of the voters” [1] – electoral mandates given to them after their indictment by the International Criminal Court.  This must be respected by the ICC and the international community as a whole: even though they are suspected of crimes against humanity by a foreign court.  [1] European Union Election Observation Mission To Kenya, General Elections 2013 :Final Report,

negative: crime policing international law house believes icc should have its own enforcement Apart from the visibility due to the diversity of the force the ICC force may well be very similar to national forces in this regard. Often a problem with arresting wanted international criminals is their support in the community – that they have often been claiming to be fighting for. The national government’s enforcement arm may be as unwelcome as the ICC. In such circumstances the ICC at least has the advantage of being a new quantity with a blank slate rather than being known for any excesses, human rights violations or bribery. The ICC force will be able to treat the local populace fairly and win their trust.

negative: crime policing punishment society house believes criminal justice should focus more Crime is not pathology, it is not the product of circumstance, and it is certainly not the product of coincidence. As the case of Husng Guangyu shows, despite being Chinas richest man he still committed crimes involving illegal business dealing, insider trading and bribery and was then sentenced to 14 years. This was rightly given in order as a just punishment for the cost of the crimes he had committed and to deter others from such practices. [1] Crime is the result of choices made by the individual, and therefore the justice system must condemn those choices when they violate society’s rules. To say otherwise (i.e. to say that criminals are merely the product of their unfortunate circumstances) would be an insult to human autonomy - the liberalist idea that our judicial system is based on, in saying that individuals are given the power to make their own decisions freely and this should be interfered with in as little as possible. It would be to deny the possibility of human actors making good decisions in the face of hardship.  Retributivism alone best recognises the offender’s status as a moral agent, by asking that he take responsibility for what he has done, rather than to make excuses for it. It appeals to an inherent sense of right and wrong, and in this way is the most respectful to humanity because it recognises that persons are indeed fundamentally capable of moral deliberation, no matter what their personal circumstances are.  [1] Jingqiong, Wang and Zhu Zhe, ‘Former richest man gets 14 years in prison’, China Daily, 19 May 2010.

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


query: Exposing non-smokers to second-hand smoke goes against their rights.  The Universal Declaration of Human Rights (a list of rights to which the United Nations has declared that all human beings should be entitled) states that "Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family"1. More than 50 studies carried out worldwide have found that people are at an increased risk of lung cancer if they work or live with somebody who smokes2. Given these very serious health risks, it goes against people's human rights to be exposed to second-hand smoke when they have not chosen to breathe it in. To avoid this happening, smoking should be banned in public places, so that non-smokers can be sure that they will not have to breathe in second-hand smoke.  1 The Universal Declaration of Human Rights', General Assembly of the United Nations,   2 'Tobacco Smoke and Involuntary Smoking', World Health Organisation, Vol.83, 24 July 2002,

positive: business health addiction house would ban smoking public spaces It is very difficult to properly scientifically measure the risk for non-smokers of being exposed to second-hand smoke. To do a proper experiment, scientists would need to find a large group of people who had never been exposed to cigarette smoke before, split them into two groups, and then systematically expose one group to second-hand smoke for a period of time while the other group stayed smoke-free. They would then have to wait and see if more of the group exposed to second-hand smoke developed lung cancer than the other group over their lives. This would be a very expensive and time-consuming experiment. Besides this, it would be very difficult to find people who had never breathed in cigarette smoke and keep half of them that way for their whole lives for comparison. Because of these difficulties in the ideal experiment, scientists often just use questionnaires, asking people to try and remember how many cigarettes the person they live with smokes in a day, for how many hours a day they are exposed to smoking, etc. These kinds of studies are far from precise, since human memory is not very accurate, and so no truly scientific conclusions can be drawn1. Therefore, it is not a fact that non-smokers exposed to the smoke of others are at a serious health risk, so the proposition cannot say that having to sometimes be around other people who smoke goes against non-smokers' human rights.  1 Basham, Patrick, and Roberts, Juliette, 'Are Public Smoking Bans Necessary?' Democracy Institute, Social Risk Series Paper, December 2009,

negative: business health addiction house would ban smoking public spaces While some studies have shown that numbers of smokers in countries in which a smoking ban has been introduced have fallen, it seems that these results only represent those people who were trying to quit smoking anyway, with the smoking ban acting as an added incentive. Studies in England have shown that while there was a rise in the number of smokers trying to quit soon after the ban in 2007, that rise has fallen again since1. So, while there was an initial fall in the number of smokers, the smoking ban in England is not having a continuing effect on whether more people are giving up the habit.Additionally, it can be argued that since people are continuing to smoke in countries with a smoking ban, but not doing so in public, there must be more smoking going on within the home. If there are any dangers of second-hand smoke, then a smoking ban moves those dangers from responsible adults who can choose whether to go somewhere where smoking is allowed (in public) to children who cannot (in the home), which is immoral.  1 Lies, Elaine, 'Smokers quit after ban, but numbers ebb: study', Reuters, 6 June 2011,

negative: business health addiction house would ban smoking public spaces While pubs and restaurants might lose money from some smokers initially, they will gain money from those who are more likely to eat/drink somewhere if they know they will not have to breathe in second-hand smoke. Even the Save Our Pubs & Clubs campaign admits that pub business is on a decline in the UK anyway, and that the current economic environment in the country is probably partly to blame1. Some pubs have actually seen improved business since the introduction of a smoking ban, like the Village Pub and Grill in Wisconsin, who say that they get more families coming to eat during the day, and have non-smokers staying longer in their bar 2 The lack of smoke indoors also makes pubs a better environment in which to work.  1 'Why we want government to amend the smoking ban', Save Our Pubs & Clubs,   2 Linnane, Rory et al., 'One Year After State Smoking Ban, Village Pub Sees Better Business, Health', ShorewoodPatch, 6 July 2011,

negative: First of all, a ban on smoking might just lead to people deciding to turn on to the black market for tobacco, not solving the problem of passive smoking or any other effects. Same also goes for the possibility of higher taxation, people might just choose a relocation of funds due to higher prices of cigarettes.  Further on, if we do accept the premise, that smoking will maybe decrease, the evidence for passive smoking is very slim indeed, with very few controlled studies having been carried out. At most, those who live with heavy smokers for a long period of time may have a very slightly increased risk of cancer.  Also it is true that smoke-filled environments can be unpleasant for non-smokers, but there are reasonable and responsible ways around this - smoking rooms in offices and airports are an excellent example. Some bars and restaurants may choose to be non-smoking establishments, giving customers the choice to select their environment. Allowing people to make their own, adult decisions is surely always the best option.

negative: business health addiction house would ban smoking public spaces This ban would encourage smokers to smoke less or give up smoking altogether.  Not being able to smoke in public will make it more difficult for smokers to keep up with their habit. For example, if they are no longer able to smoke in the pub, smokers would have to go outside – possibly in the rain or other uncomfortable weather – and be away from their non-smoking friends every time they wanted to have a cigarette. So, a smoking ban would encourage smokers to smoke less frequently and maybe even give up. This can be seen in countries already with smoking bans. For example, a study in England found that in the nine months after the smoking ban was introduced, there was a 5.5% fall in the number of smokers in the country, compared to the much lower fall of 1.6 % in the nine months before the ban [1] . This can only be a good thing, since giving up smoking decreases the risk of death, even for those suffering from early stage lung cancer [2] .  [1] Daily Mail. “Smoking ban spurs 400,000 people to quit the habit.” Daily Mail. 4 July 2008.  [2] Parsons, A., Daley, A., Begh, R., and Aveyard, P.. “Influence of smoking cessation after diagnosis of early stage lung cancer on prognosis: systematic review of observational studies with meta-analysis.” British Medical Journal. 340. 21 January 2010.

negative: business health addiction house would ban smoking public spaces While all humans do have the right to rest and leisure, they should not be allowed to do so at the expense of the health and safety of other human beings. Serial killers enjoy killing people1, but it is against the law to commit murder. Smoking in public places should be banned despite the fact that smokers enjoy doing it, because it endangers the health of others.  1 Blackwelder, Edward, 'Serial Killers: Defining Serial Murder', Criminology Research Project Inc.

negative: business health addiction house would ban smoking public spaces This ban would not be so easy to introduce. A ban on smoking in all public places would not be easily accepted by all. For example, there are groups in England seeking to change the existing ban there so that more places are exempt; the Save Our Pubs & Clubs campaign wants to change the smoking ban so that large venues can have a designated smoking area which can be avoided by non-smokers1.  1 'Why we want government to amend the smoking ban', Save Our Pubs & Clubs,

negative: Denying access to healthcare for smokers would act as a deterrent, discouraging smokers  Governments should do everything they can to discourage smoking. They already attempt to do so in a number of ways, such as through ensuring graphic health warnings are present on all tobacco packaging. Many states have also introduced legislation banning smoking indoors in an attempt to discourage the habit. However, smoking is still a massive problem - millions of people still do it. The refusal of medical treatment to smokers would surely be a massive deterrent to current/potential smokers from continuing/starting the habit. The safety net of modern healthcare being pulled from underneath them would be a powerful incentive to give up the habit, and reduce the estimated $100 billion that the White House believes smokers cost the economy annually through loss of productivity1. 1 USA Today, 15 Jul 11, Do smokers cost society money.. Accessed 15 Jul 11.

negative: The added cost to public healthcare that comes as a result of diseases brought upon by smoking is vastly outweighed by the amount of money governments around the world receive in taxes on tobacco. The UK currently takes around 60% of the cost of a pack of  Many people have to wait for surgery when they have fallen ill or gotten injured through no fault of their own. Many of the people they are waiting behind have fallen ill out of choice. This includes smokers who have contracted diseases as a result of their habit. There is a vast array of information, easily available to smokers, on the dangers of cigarettes. If despite this, a person chooses to smoke anyway then it is unfair that others who have fallen ill out of genuine misfortune should have to wait in line behind them for healthcare. This problem is particularly in acute in states that have universal healthcare, where non-smokers are forced to wait in a queue for treatment behind those who have negligently made themselves ill smoking. In Britain for example, they have attempted to avoid this by establishing standards under which surgery is denied to obese patients1. Thomas Condliff, the patient, was denied gastric band surgery due to having a body mass index lower than the threshold under which they believed the surgery would be effective2. The priority in such cases is and should be with those who have made a conscious decision to develop an unhealthy habit. 1 BBC News, 11 Jul 11, Man appeals for NHS gastric bypass surgery. Accessed 14 Jul 11.

negative: Denying healthcare to smokers is impractical  There are several reasons why limiting access to healthcare for smokers could prove impractical. Ultimately they surround the issue of how you define who is a smoker. One man might have chain smoked for 20 years but given up for a year, since a bill limiting access to healthcare for smokers was passed. Meanwhile, another might have been smoking cigarettes now and again just for the past year. Who would be prioritized if the two were on a waiting list for the same operation? If the law penalizes anyone who has ever smoked then it would not provide nearly as strong an incentive to stop smoking. But, if the law does not penalize anyone who has smoked, then choosing whom to punish would seem quite arbitrary. Furthermore, what is stopping people from simply lying about how much/whether they smoke? They might not show any obvious signs of being a smoker. Even if they do, they could claim to have given up, work around fumes or be a victim of passive smoking.

negative: The EU needs to help those suffering from human rights abuses  Everyone is equal. Women who live under legal system that permits discrimination against them are being denied of basic human rights whether this is the right to vote, to a fair trial, or bodily integrity. Sharia Law, for example, clearly denies them human rights like equality before the law, a basic human need according to Universal Declaration of Human Rights. "All are equal before the law and are entitled without any discrimination to equal protection of the law." Under Sharia a woman’s testimony is worth half a man’s and she gets half the inheritance of her male siblings. Second of all, bodily integrity is affected when women are stoned to death or beaten by their husbands without them even being punished. The importance of self-determination and autonomy are neglected in Saudi Arabia where women are not allowed to drive or go alone in public. Female genital mutilation, which causes bleeding, infections and infertility, and is almost always done without the girl's consent, is a big problem in many African countries. Asylum given by the EU shall be the only way for these women to leave the system that persecutes them and be able to have their human needs respected and therefore creating a healthier, safer and better environment.  Kaitlin, ‘Women’s Rights Under Islamic Law’, Inside Islam: Dialogues & Debates, 25 November 2008,   Pizano, Pedro, ‘Where Driving Is a Crime and Speaking About It Leads to Death Threats’, Huffington Post, 6 June 2012,   United Nations, ‘The Universal Declaration of Human Rights’, un.org, 10 December 2948,   World Health Organisation,’ Female genital mutilation’, WHO Fact sheet, no.241, February 2013,   Mahmoud, Nahla, ‘Here is why Sharia Law has no place in Britain or elsewhere’, National Secular Society, 6 February 2013,

negative: Many smokers do not choose to harm themselves, they simply can't help it. The 1988 US Surgeon General's report on the addictive nature of cigarette smoking provides proof of what is now widely accepted – smoking cigarettes is highly addictive. Moreover, there are high correlations between people smoking and being under stress or having parents that smoke. All of this suggests that people do not necessarily choose to smoke and may not be able to choose to give up. Given that smokers can therefore be portrayed as suffering from involuntary addiction, it would seem sensible to tackle this addiction alongside physical health issues, as oppose to dismissing smokers altogether.

negative: Goods provided by the state, like healthcare, are often, and necessarily, subject to certain provisions. For example, in order to get unemployment benefits, a person must prove that they are regularly looking for a job and a means to get themselves off benefits. Denying access to healthcare for smokers does not mean denying them healthcare access forever; they can regain unlimited access if they stop smoking. Therefore, prioritizing non-smokers for healthcare in certain cases is not impeding upon smokers' basic liberties but a recognition that those who care about their own health enough to not smoke should be prioritized.

negative: business health addiction house would ban smoking public spaces This ban would lower healthcare costs.  The health problems that smokers experience cost taxpayers (where healthcare is provided by the government) or the individual (for private healthcare) a lot of money. Decreasing the number of smokers – as a result of a reduction in both “social smokers” (those who smoke when out with friends) and “passive smokers” (those who do not smoke themselves but are exposed to the second-hand smoke of others) – will lead to a decrease in these healthcare costs. This has been reported – for example – in Arizona, where a study found that hospital admissions due to diagnoses for which there is evidence for a cause by smoking have decreased since the statewide smoking ban, and that costs have thus decreased [1] .  [1] Herman, Patricia M., and Walsh, Michele E. “Hospital Admissions for Acute Myocardial Infarction, Angina, Stroke, and Asthma After Implementation of Arizona’s Comprehensive Statewide Smoking Ban. American Journal of Public Health. 101(3). March 2011.

negative: Denying access to healthcare for smokers will not hurt the economy, for the health care costs of smokers are substantially larger than those of non-smokers. In fact, 'health care costs for smokers at a given age are as much as 40 percent higher than those for non-smokers' . Furthermore, though the opposition points out that because smokers die younger, average health costs are in fact lower than non-smokers, denying access to healthcare will have two effects which will cancel each other out: more people will give up smoking, increasing gross medical costs for the state, but those who don't will die younger for they won't get treatment, which will offset the previous rise.

negative: Gay adoption bans amount to state sponsored discrimination against gay people.  Discrimination is the practice of treating people differently based not on individual merit but on their membership to a certain group. The adoption bans are a clear example. Rather than assessing gay couples individually, it is simply assumed that they would all make bad parents because they are gay, while straight couples are assessed based on their individual merit. This breaches the fundamental right of all people to be treated equally under the law and it should be stopped. This principle is enshrined in the Universal Declaration of Human Rights; article 1 "All human beings are born free and equal in dignity and rights."1 And also many other national and regional legal texts (e.g. The US Constitution,2 The European Convention on Human Rights).  1 United Nations General Assembly, The Universal Declaration of Human Rights , (accessed 2nd August 2011)  2 James Madison et al., Constitution of the United States ,(accessed 2nd August 2011)

negative: business health addiction house would ban smoking public spaces This ban would put many pubs, clubs, etc. out of business.  If smokers are not allowed to smoke in pubs, they will not spend as much time in them, preferring to stay at home where they can smoke with their friends. This will put many pubs out of business. In fact, since the smoking ban was introduced in the UK, many pubs have closed and blamed their loss of business on the smoking ban1. The Save Our Pubs & Clubs campaign estimates that the smoking ban in the UK is responsible for 20 pub closures a week2. This is an unfair consequence for the many pub-owners across the world.  1 'MPs campaign to relax smoking ban in pubs', BBC News, 29 June 2011,   2 'Why we want government to amend the smoking ban', Save Our Pubs & Clubs,

negative: There are several reasons why health care should not be considered a universal human right.  The first issue is one of definition – how do we define the services that need to be rendered in order for them to qualify as adequate health care? Where do we draw the line? Emergency surgery, sure, but how about cosmetic surgery?  The second is that all human rights have a clear addressee, an entity that needs to protect this right. But who is targeted here? The government? What if we opt for a private yet universal health coverage – is this any less moral? Let’s forget the institutions for a second, should this moral duty of health care fall solely on the doctors perhaps? [1]  In essence, viewing health care as a right robs us of another, much more essential one – that of the right to one’s own life and one’s livelihood. If it is not considered a service to be rendered, than how could a doctor charge for it? She couldn’t! If it were a right, than each of us would own it, it would have to be inseparable from us. Yet, we don’t and we can’t. [2]  We can see that considering health care as a basic human right has profound philosophical problems, not the least of them the fact that it infringes on the rights of others.  [1] Barlow, P., Health care is not a human right, published 7/31/1999,  , accessed 9/18/2011  [2] Sade, R., The Political Fallacy that Medical Care is a Right, published 12/2/1971,  , accessed 9/18/2011

negative: business health addiction house would ban smoking public spaces f the government wants to save money, they should not be trying to reduce smoking levels, since smokers are the source of a great deal of tax income. While the NHS might spend some of their money on smokers (whose health issues may or may not be directly to their smoking habit), the government receives much more money from the taxes paid on cigarettes. For example, smoking was estimated by researchers at Oxford University to cost the NHS (in the UK) £5bn (5 billion pounds) a year [1] , but the tax revenue from cigarette sales is twice as much – about £10bn (10 billion pounds) a year [2] . So governments which implement smoking bans actually lose money.  [1] BBC News. “Smoking disease costs NHS £5bn.” BBC News. 8 June 2009.  [2] Tobacco Manufacturers’ Association. “Tax revenue from tobacco.” Tobacco Manufacturers’ Association. 2011.

negative: addiction healthcare international africa house believes ghanas ban smoking public Lower healthcare costs  Smoking caused disease causes large expenses for healthcare systems, something which is particularly burdensome in countries without the rich well developed healthcare systems of the developed world. In the UK lung cancer, one of the diseases caused by smoking, costs £90 per person or £9071 per patient. 1 Even the cost per head of population is higher than Ghana’s entire healthcare budget of $83.4 (about £50) per person. 2  The reduction in smoking, which would be triggered by the ban, would lead to a drop in smoking related illness. A study in the US state of Arizona showed that hospital admissions for smoking related diseases dropped after a ban on smoking in public places 3 .  This would allow resources to be focused on the big killers other than tobacco – including HIV AIDS.  1 The National Cancer Research Institute, ‘Lung cancer UK price tag eclipses the cost of any other cancer’, Cancer Research UK, 7 November 2012,   2 Assuming Ghanaian health spending of 5.2% of GDP which is $40.71 billion split between a population of 25.37 million from World Bank Databank    3 Herman, Patricia M., and Walsh, Michele E. “Hospital Admissions for Acute Myocardial Infarction, Angina, Stroke, and Asthma After Implementation of Arizona’s Comprehensive Statewide Smoking Ban”, American Journal of Public Health, March 2011,

negative: addiction healthcare international africa house believes ghanas ban smoking public It often doesn’t require enforcement – it changes attitudes itself, making people not do so. In Scotland, within three months 99% of locations abided by the ban, without the need for excess heavy handed enforcement 1 . This is because non-smokers will ask a smoker to stub it out if they are smoking where they are not allowed to. There seems little reason why this wont happen in Ghana or elsewhere in Africa just as in the west.  Even so, a lot of laws are not enforceable in all cases – that doesn’t mean that they will be complete failures.  1 The Scottish Government, 'Smoking ban gets seal of public approval', scotland.gov.uk, 26 June 2006,

negative: The ethical implications of paternalism are that the government is taking away personal freedoms because the government presumes that it “knows best” for the population. Paternalism inherently assumes that individuals cannot be trusted to make its own decisions. Personal freedom, however, is a cornerstone of the United States; The Constitution and the Bill of Rights guarantee individual’s freedoms, limit the role of government, and reserve power to the people. [1] A competent person’s freedoms should never be infringed upon, even for that person’s own good. John Stuart Mill wrote, “. . . the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because in the opinion of others, to do so would be wise, or even right.... The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is of right, absolute, over himself. Over his own body-mind, the individual is sovereign”. [2] The paternalistic policies cited by the proposition that apparently set a precedent for this ban on soda are not good comparisons. Smoking bans for example are paternalistic in nature yet are morally acceptable because smoking not only harms the person but also those surrounding the smoker through passive smoking. Henry David Thoreau was quoted in saying "[If] . . . a man was coming to my house with the conscious design of doing me good, I should run for my life". [3] No government can be sure that their policies are what are universally right for its people; this should be left for the individual to decide.  [1] McAffee, Thomas B., and Bybee, Jay S., ‘Powers reserved for the people and the states: a history of the Ninth and Tenth Amendments’, Praeger Publishers, Westport, 2006, P.2  [2] Mill, John Stuart, On Liberty, 1859.  [3] Andre, Claire, and Velasquez, Manuel, ‘For Your Own Good’, Issues in Ethics, Vol.4, No.2, Fall 1991.

negative: There are realistic and practical ways in which the policy of denying healthcare to smokers could be carried out. Smoking is a habit that has clear and demonstrable physical effects, which often correlate with the regularity and longevity of the habit; doctors are trained to recognize such symptoms and do not need patient confirmation. Furthermore, if the bill made it quite clear that healthcare was to be denied to present smokers, the hypothetical presented by the opposition is easily negated. The goal of such a bill would to be to ensure that both smokers gave up the habit and non-smokers did not take up the habit. In this case, the man taking up smoking is in the wrong and is acting contrary to the law. He would have little room for complaint.

negative: addiction healthcare international africa house believes ghanas ban smoking public Even if such a link were true – the campaign against the ban on smoking in public places in the UK accept that it’s unlikely that it is the primary cause of closures in the UK 1 – the public health benefits would make it worth it. Reductions on spending in some areas of the economy is likely to be balanced by increases elsewhere; of course there will be losses in some industries – particularly tabacco itself but those who stop smoking will have the money to spend elsewhere.  Moreover the economic effects are likely to be different in Africa; smoking outside in the UK, bearing in mind the infamous British weather, is a far less attractive proposition than smoking outdoors in many African countries.  1 'Why we want government to amend the smoking ban', Save Our Pubs & Clubs,

negative: addiction healthcare international africa house believes ghanas ban smoking public Reduce smoking  A ban on smoking in public places would help reduce the rates of people smoking, by making it appear socially unusual – people will have to leave enclosed public places to smoke, each time they want to smoke. This is particularly important in Africa which is at an early stage of the tobacco epidemic where it can be prevented from ever coming to be seen as being normal.  The ban both through the new obstacle and the change in norms could reduce smoking rates. In England, nine months after such a ban, the fall in smoking rates (such as with much of the Global North) accelerated 1 - it has been claimed by up to 400,000.  1 Daily Mail Reporter, “Smoking ban spurs 400,000 people to quit the habit”, Daily Mail, 4 July 2008,

negative: Restrictions reach out to the general population  A ban or high restrictions is a good measure to diminish the effects of smoking in society, because unlike the spreading of information (which is usually done by schools / clubs), governmental restrictions or a total ban will ensure the access of measures to the whole population. Through a ban on advertisement or higher taxation those citizens not involved in active educational structures get educated about the problem.  Studies on the ban of advertisements show that bans actually contribute great amounts to the reduction of smokers. "The tobacco industry employs predatory marketing strategies to get young people hooked to their addictive drug," said Dr Douglas Bettcher, Director of WHO's Tobacco Free Initiative. "But comprehensive advertising bans do work, reducing tobacco consumption by up to 16% in countries that have already taken this legislative step."1  So because these measures can drastically decrease smoking when other measures have failed, the state is right to impose bans on advertisement, higher prices or any other measures.  1 The Times of Malta, more public scrutiny of tobacco industry, published 01/18/2011

negative: addiction healthcare international africa house believes ghanas ban smoking public Nip the problem in the bud  Smoking rates in Africa are relatively low; a range of 8%-27% with an average of only 18% of the population smoking 1 (or, the tobacco epidemic is at an early stage 2 ). That’s good, but the challenge is to keep it that way and reduce it.  A ban on smoking in public places at this stage would stop tobacco gaining the widespread social acceptability that caused it to thrice in the 20th century in the Global North. The solution is to get the solutions in now, not later.  1 Kaloko, Mustapha, 'The Impact of Tobacco Use on Health and Socio-Economic Development in Africa', African Union Commission, 2013,  , p.4  2 Bill and Melinda Gates Foundation, “What we do: Tobacco control strategy overview”, Bill & Melinda Gates Foundation, no date,

negative: The opposition fails to recognize the impact that such a policy will have on smokers. Access will only be denied to smokers who continue to smoke once the bill is in place, if it is proven that they have given up, they will be free to access healthcare. Therefore, the only smokers who will be turned away, and who will potentially die from preventable illnesses are those who place their habit above that of their life.

negative: addiction healthcare international africa house believes ghanas ban smoking public Reduces growth of tobacco  Less people smoking means less tobacco being purchased – something that would contribute to the reduction in the tobacco industry. The industry is known for its exploitative labour practices, from child labour (80,000 children in Malawi work in tobacco farming, can result in nicotine poisoning – 90% of what is grown is sold to American Big Tobacco 1 ) to extortionate loans. 2 Reducing the size of such an industry can only be a good thing.  1 Palitza, Kristin, “Child labour: tobacco’s smoking gun”, The Guardian, 14 September 2011,   2 Action on Smoking and Health, p3

negative: Most people who smoke tobacco are law-abiding normal citizens who would like to stop. They would not resort to criminal or black-market activities if cigarettes were no longer legally available - they would just quit. Banning smoking would make this happen and massively lighten the burden on health resources of the countries in which it was banned. The reason why such actions may have happened in India was probably poor regulation of the market or mainly poor execution of already set out rules. Something that is easily preventable in Westernized countries.

negative: business health addiction house would ban smoking public spaces This ban would be easy to introduce.  A ban in all public places would be no more difficult to introduce than existing bans preventing smoking in only some public places. As long as people are given plenty of notice of changes, as was done in airports in Saudi Arabia, and the rules are made clear and readily available1 there should be few difficulties in introducing this ban.  1 Smith, Louise. “Smoking in public places: the ban in force – Commons Library Standard Note.” Parliament. 20 May 2011.

negative: Even if it were true, that the ideal environment for a child is a mother and father, which studies show it isn't, that still wouldn't justify a flat-out ban. Most governments still allow single people to apply for adoption, and even single gay people1. That is because there won't be an 'ideal' family available for every child who needs a home. So other options should be considered. After all, a child is better off with 'non-ideal' parents than with no parents at all. With adoptions, there is generally great demand for babies and toddlers, but older children are generally unwanted2 and end up in foster care until they're 18.  Proposition fails to tell us what studies they are referring to which does leave the question open whether these studies have taken into account other factors such as whether or not the biological parents were drug users. The heritage left by the biological parents needs to be remembered.  1 United Nations General Assembly, The Universal Declaration of Human Rights , (accessed 2nd August 2011)  2 James Madison et al., Constitution of the United States ,(accessed 2nd August 2011)

negative: Healthcare has been recognised as a right  The two crucial dimensions of the topic of introducing universal health care are morality and the affordability.  Paragraph 1 of Article 25 of the Universal Declaration of Human Rights states the following: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.” [1]  Analyzing the text, we see that medical care, in so far, as it provides adequate health and well-being is considered a human right by the international community. In addition, it also states, that this right extends also to periods of unemployment, sickness, disability, and so forth.  Despite this, why should we consider health care a human right? Because health is an essential prerequisite for a functional individual – one that is capable of free expression for instance – and a functional society – one capable of holding elections, not hampered by communicable diseases, to point to just one example.  Universal health care provided by the state to all its citizens is the only form of health care that can provide what is outlined in the Declaration.  In the US the only conditions truly universally covered are medical emergencies. [2] But life without the immediate danger of death hardly constitutes an adequate standard of health and well-being. Additionally, programs such as Medicaid and Medicare do the same, yet again, only for certain parts of the population, not really providing the necessary care for the entire society.  Further, the current system of health care actively removes health insurance from the unemployed, since most (61%) of Americans are insured through their employers – thus not respecting the provision that demands care also in the case of unemployment. [3]  But does insurance equal health care? In a word: yes. Given the incredible cost of modern and sophisticated medical care – a colonoscopy can cost more than 3000 dollars – in practice, those who are not insured are also not treated. [4]  [1] UN General Assembly, Universal Declaration of Human Rights, published 12/10/1948,  , accessed 9/17/2011  [2] Barrett, M., The US Universal Health Care System-Emergency Rooms, published 3/2/2009,  , accessed 9/17/2011  [3] Smith, D., U.S. healthcare law seen aiding employer coverage, published 6/21/2011,  , accessed 9/17/2011  [4] Mantone, J., Even With Insurance, Hospital Stay Can Cost a Million, published 11/29/2007,  , accessed 9/17/2011