Argument: Suspending Habeas Corpus undermines the moral high ground of the US and its Allies, and strengthens the cause of the terrorists which these nations are fighting against.

Restrictions on Habeas Corpus undermine the war against terror and put national security further at risk. Giving terrorist suspects the protection of Habeas Corpus legitimises the war against terror by ensuring that US actions against suspected terrorists have a legal basis, and are not in contravention of the rule of law. The moment that the US and its Allies show the rule of law the disrespect that typifies the regimes which the West seeks to overthrow, the fight for ‘hearts and minds’ will be lost. This effect can easily be seen in the results of the suspension of Habeas Corpus in the UK in order to arrest suspected IRA activists in 1971 – rather than suppressing the IRA as intended it increased support for the terrorist organisation. [1]

[1] Wilkinson, Paul, Terrorism versus Democracy: The Liberal State Response, 2nd ed., Routledge, 2006, p.82, http://books.google.co.uk/books?id=uq6oCZF7iHcC&amp;dq

Candidate 1: "The necessity of the measures, and the size of the terrorist threat which faces the US, outweighs the possible problems posed in the opposition argument."
Candidate 2: "Global terrorism calls for aggressive responses. We cannot allow our respective nations to be besieged by terrorists while we stand aside and do nothing. Our enemies are well aware of the legal framework in which the US authorities and their Allies operate, and will exploit it wherever possible. Constitutional freedoms are extremely important, but the security and continued existence of our nations must come first. The US and its Allies must make a stand and demonstrate that terrorism will not be tolerated."
Candidate 3: "Via legal precedent, [1] Habeas Corpus protections extend to foreign nationals detained in the US. Furthermore, to focus solely on the immigration status and purported guilt of suspected terrorists ignore the fact that Habeas Corpus exists to protect us all. Eliminating the rights for “bad people” necessarily eliminates them for the innocent as well.

[1] Supreme Court of the United States, Boumediene v Bush, 553 U.S. 723 (2008), http://www.law.cornell.edu/supct/html/06-1195.ZS.html"
Candidate 4: "The hatred that terrorists feel for the US and its Allies does not depend on details of their respective legal systems. Their hate stems from our success in building a tolerant, democratic society at odds with their narrow vision of harsh conformity. Their propaganda seeks to radicalise young Muslims across the world not by arcane appeals to Habeas Corpus, but by twisted portrayals of Allied military actions against civilians in countries such as Iraq, Afghanistan, Pakistan and Somalia. If the prisoners currently held without trial in Guantanamo Bay were released, they could untold damage to the US and its Allies. The risk of this occurring clearly outweighs the ethical issues concerning the suspension of Habeas Corpus protections."
Candidate 5: "There is no reason why the United States cannot uphold constitutional protections such as Habeas Corpus and effectively combat terrorism at the same time. The two are not mutually exclusive. In fact, ensuring that suspected terrorists have access to Federal courts will save much-needed resources and ensure more accurate administration of justice. In the present case, it is unclear which of the Guantanamo detainees actually committed the acts that are used to justify their indefinite detention. Allowing detainees to challenge their detention would bring clarity to this uncertain situation and free up resources in the war against terrorism."
Candidate 6: "The current war on terror is not comparable to past wars during which Habeas Corpus was suspended. Both the Civil War and World War II were openly declared wars of limited duration following invasions by hostile forces. The “war on terror” is nebulous and open-ended. In any case, history has harshly judged arbitrary detentions during wartime. Lincoln’s Civil War detentions and Roosevelt’s Japanese internment camps of the 1940s are embarrassing chapters in US national history. The fact that former presidents improperly suspended Habeas Corpus is all the more reason to exercise caution now. Additionally, the suspension of Habeas Corpus by the UK in 1971 arguably strengthened the cause of the IRA, and made it easier for the organisation to recruit members. Western governments should be careful not to repeat the mistakes of the past"

Global terrorism calls for aggressive responses. We cannot allow our respective nations to be besieged by terrorists while we stand aside and do nothing. Our enemies are well aware of the legal framework in which the US authorities and their Allies operate, and will exploit it wherever possible. Constitutional freedoms are extremely important, but the security and continued existence of our nations must come first. The US and its Allies must make a stand and demonstrate that terrorism will not be tolerated.
