Topicality Neg T Non-military

The Coast Guard is a part of the military – prefer our evidence, it is in the context of non-military spending and concludes neg

(Olympia J., “HEARING before the COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, UNITED STATES SENATE,” MARCH 18, 2010, http://www.gpo.gov/fdsys/pkg/CHRG-111shrg63798/html/CHRG-111shrg63798.htm)//GZ

The Coast Guard fills innumerable roles in the maritime domain and does so with tremendous skill, precision, and speed, despite often operating in the most treacherous of conditions. When other vessels head for safe harbors in the face of a rising storm, it is the Coast Guard's duty to sail full steam ahead into the teeth of the tempest to assist those in need. From dramatic helicopter rescues hundreds of miles from shore to its role as first responders in the face of humanitarian crises like the tragic earthquake in Haiti, the Coast Guard perpetually lives up to its motto, ``Always ready.''So the Coast Guard today faces countless challenges, which we will pursue through various questions to the Admiral. But certainly, in the execution of their missions--and frankly, it is the budget that concerns me the most. President Obama has chosen in this Fiscal Year to impose a freeze on nonmilitary discretionary spending. And frankly, the Coast Guard is a branch of the military. So I am surprised that it wasn't recognized as such in terms of now imposing a reduction of more than $340 million in the Fiscal Year 2010 enacted level. So those are some of the issues that I certainly will be pursuing in the line of questioning. But I certainly want to welcome Admiral Papp to this position and to this committee so that we have a chance to explore these and examine these key issues.

The Coast Guard is ALWAYS a military service

(B.B., “The US Coast Guard A unique instrument of US national security”, Marine Policy, Volume 18, Issue 6, November 1994, Pages 506–520, Science Direct)

Coast Guard operations have no clear distinction between them

Stubbs, 94, Captain in the US Coast Guard

(B.B., “The US Coast Guard A unique instrument of US national security”, Marine Policy, Volume 18, Issue 6, November 1994, Pages 506–520, Science Direct)

This combination of different organizational functions gives the Coast Guard a unique nature with strong contrasts. The Coast Guard is: (1) a humanitarian and law enforcement service, (2) a regulatory and operational agency, (3) an armed force and federal agency, and (4) a domestic and international agency. Each of the four roles depicted in Figure 1 is composed of several missions and functions. These roles do not have sharp, clear-cut separations. Some of the missions and functions benefit more than one role, such as the port safety and security function. This function supports three roles - safety, environ- mental protection, and national defence. As a result Coast Guard resources cannot be designed for only one function; they must be capable of multiple functions. This multi-functional capability is an en- during Coast Guard quality. Versatile, multi-mission resources represent the essence of the Coast Guard as an organization.
Allowing Coast Guard affirmatives explodes limits

Stubbs, 94, Captain in the US Coast Guard

(B.B., “The US Coast Guard A unique instrument of US national security”, Marine Policy, Volume 18, Issue 6, November 1994, Pages 506–520, Science Direct)

Today the Coast Guard conducts a wide variety of functions to promote a safe, viable national marine transportation system (Figure 3). The principal functions of this mission area are: aids to navigation; recreational boating safety; commercial vessel safety; search and rescue; waterways management; domestic ice operations; and port safety and security.

The Coast Guard is the enforcement agent of any regulatory AFF

Stubbs, 94, Captain in the US Coast Guard

(B.B., “The US Coast Guard A unique instrument of US national security”, Marine Policy, Volume 18, Issue 6, November 1994, Pages 506–520, Science Direct)

The Coast Guard’s maritime law enforcement mission¶ area traces its roots to the Coast Guard’s¶ inception as the Revenue Marine in 1790, The Coast¶ Guard has the authority to board any vessel subject¶ to US jurisdiction to make inspections, searches,¶ inquiries, and arrests. This is an extremely powerful¶ police authority that the Coast Guard employs with¶ prudence. Protection of marine resources comes¶ primarily from the Magnuson Fishery Conservation¶ and Management Act of 1976. Additionally, the Coast Guard enforces many international fisheries agreements involving the US, such as the International Convention for the High Seas Fisheries of the North Pacific. Today, the Coast Guard’s maritime¶ interdiction of illegal drugs and aliens is a significant¶ national security task (Figure 4).¶ As the primary US maritime law enforcement agency, the Coast Guard enforces or assists in the enforcement of applicable federal laws and treaties and other international agreements. The Coast Guard enforces all federal laws on the high seas and waters under US jurisdiction. The principal functions of this mission area are to: interdict smugglers moving drugs, illegal aliens, and contraband into the US; enforce Exclusive Economic Zone laws relating to fisheries and other resources; inspect domestic and foreign fishing vessels to ensure compliance with US laws; assist other law enforcement agencies and enforce all other US laws associated with marine matters; and combat maritime terrorism.

The US Coast Guard is always military and operates with military intent.

DoD 08 (9/22,

“Visit to Deployed Cutter Underscores Coast Guard’s Global Reach”, DoD News, http://www.defense.gov/news/newsarticle.aspx?id=51273, accessed 8/1/14)//GZ

In addition to its historic role protecting U.S. coastlines from external threats while promoting safe navigation, the Coast Guard has had a little-known or -understood role supporting U.S. combatant commanders overseas for the past 15 years, Wagner told the group.

“We are an armed force of the military at all times, and our missions are global,” he said. “U.S. interests don’t stop at our borders, so the Coast Guard pretty much hits all seven continents.”

Since leaving its home port of Charleston, S.C., this summer, the 378-foot USCGC Dallas has demonstrated the broad scope of the Coast Guard mission and the way it works cooperatively with the U.S. military to advance U.S. interests.

The 170-member crew, most half the age of the 41-year-old vessel that saw duty in Vietnam, first traveled to West and Central Africa to support U.S. Naval Forces Europe’s Africa Partnership Station, Wagner said.

This initiative aims to build partnerships with regional militaries to help them build capacity to improve maritime safety and security in the region.

The US Coast Guard is military at all times

USCG 3/20- also references the United States Legal Code (3/20/14, “Missions”, The United States Coast Guard, http://www.uscg.mil/top/missions/, accessed 8/1/14)//GZ

The legal basis for the Coast Guard is Title 14 of the United States Code, which states: "The Coast Guard as established January 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times." Upon the declaration of war or when the President directs, the Coast Guard operates under the authority of the Department of the Navy.

As members of a military service, Guardians on active duty and in the Reserve are subject to the Uniform Code of Military Justice and receive the same pay and allowances as members of the same pay grades in the other four armed services.

Polar Ocean Fleet = Mil

The polar ocean fleet includes military missions

Augustine 12

(Norman Ralph Augustine is a U.S. aerospace businessman who served as Under Secretary of the Army from 1975 to 1977. Augustine currently serves as chairman of the Review of United States Human Space Flight Plans Committee. Testimony of Norman R. Augustine Before the Committee on Science, Space, and Technology United States House of Representatives. “The U.S. Antarctic Program: Achieving Fiscal and Logistical Efficiency While Supporting Sound Science” pg online at https://science.house.gov/sites/republicans.science.house.gov/files/documents/HHRG-112-%20SY-WState-NAugustine-20121115.pdf//sd)

Polar Ocean Fleet . Restore the U.S. polar ocean fleet (icebreakers, polar research vessels, midsized and smaller vessels) to support science, logistics, and national security in both polar regions over the long term. Follow through on pending action in the President’s FY 2013 Budget Request for the USCG to initiate the design of a new icebreaker. (It is noted that current practice for supplying McMurdo and the South Pole is to charter Russian icebreakers when they are available.

National Sec = Mil

National security is a government term of art that refers to military advantages

Gortney 10

(William e. Gortney vice admiral, usn director, joint staff, “Department of Defense Dictionary of Military and Associated Terms” pg online at http://www.dtic.mil/doctrine/new_pubs/jp1_02.pdf//sd)

national security — A collective term encompassing both national defense and foreign relations of the United States with the purpose of gaining: a. A military or defense advantage over any foreign nation or group of nations; b. A favorable foreign relations position; or c. A defense posture capable of successfully resisting hostile or destructive action from within or without, overt or covert. See also security. (JP 1)

AT Military Operations Other than War

Military Operations Other than War still involve combat, no bright line under their interpretation.

Air Force Doctrine 96- (October 5, 1996, Air Force Doctrine, p.5-6)//GZ

There are 16 representative types of MOOTW as listed in

Joint Publication (Pub) 3-07, Joint Doctrine for Military Operations Other Than War. Four typically involve combat, six do not, and six can overlap (they may be either combat or noncombat) depending on the particular situation. Because each type of MOOTW has its own unique characteristics, the appropriate response for one may not be appropriate for another.

Typical combat operations use or threaten to use force to deter war and help resolve conflict when a country or region is unstable.

Because air and space forces train to meet demanding wartime requirements, basic mission training also qualifies these personnel to conduct MOOTW which may involve combat.6

Typical

Noncombat Operations

However, basic mission training does not necessarily qualify air and space forces to meet the very demanding requirements of typical noncombat operations which normally do not involve the use or threat of force. As such, typical noncombat operations try to keep day-to-day tensions below the threshold of armed conflict. They also promote peace, maintain US influence in foreign lands, and provide capabilities to help enforce policies benefiting US national interests. Personnel involved in typical noncombat MOOTW may need additional training in foreign language skills, cross-cultural communications, area orientation, security assistance law, and human rights considerations.

Military Operations Other than War

Military Operations other than war don’t preclude combat. Their interpretation lacks a brightline.

Shalikashvili 95- Chairman of the Joint Chiefs of Staff (John, June 16, 1995, Joint Doctrine for Military Operations Other Than War, Joint Publications Volume 3 Issue 7, p. I5-I6)//GZ

MOOTW focus on deterring war, resolving conflict, supporting civil authorities, and promoting peace (see

Figure I-1). These operations provide the

National Command Authorities (NCA) with a wide range of possible response options, ranging from other instruments of national power are unable to influence a deteriorating or potentially hostile situation, military force or threat of its use may be required to demonstrate US resolve and capability, support the other instruments of national power, or terminate the situation on favorable terms. The focus of US military operations during such periods is to support national objectives—to deter war and return to a sustainable state of peace. Such operations involve a risk that US forces could become involved in combat.

• Combatant commanders, at the direction of the NCA, may employ US forces to deter an adversary’s action.

The physical presence of these forces, coupled with their potential employment, can serve as a deterrent and facilitate achieving strategic aims.

Should this deterrence fail, force may be required to compel compliance, for example, in the form of strikes, raids, and other contingency operations. Other such operations include peace enforcement, counterterrorism, some foreign internal defense (FID), enforcement of sanctions, support to insurgency and counterinsurgency, and evacuation of noncombatants.

Non-military is distinct from non-aggressive or non-combat operations – it implies a prohibition of military activities

Benkeo et al. 85- Professor of Astronomical Space Research at Utrecht University Observatory, (Marrietta, “Space Law in the United Nations”)//RJ
4.3.1.1 The Terms 'Peaceful', 'Non-Military' and 'Non-Aggressive' The vast literature on the subject shows, in space law, two major interpretations of' peaceful': that of non-military and that of non-aggressive53. In international law ‘non-military’ is defined as the prohibition to use outer space for military activities in times of peace, whereas 'non-aggressiveness' refers to the permission to use at least partial military precautions. The term 'non-aggressiveness' includes the possibility to apply military activities in outer space law-fully as long as those activities do not aim at direct attack in the sense of the United Nations definition of 'aggression'. The concept of non-aggressiveness is, from the political point of view, therefore a much broader one than the non-military one: it permits among other things almost all present activities in outer space such as those of 'spy' satellites, interceptor satellites, remote sensing satellites of a certain type as well as laser beam experiments and the use of nuclear power in outer space. At this point it begins to be difficult for those among us who are in favour of peace on Earth as well as in the rest of outer space, because many outer space activities, scientific or not, have up to now been executed by military personnel*; so that, if we had to get rid of the 'non-military', this would mean that space research as it stands would become impossible. But it would be difficult, if not impossible, to discontinue space research, the more so since international law, and, to a smaller degree space law, do not forbid the use of outer space for military purposes.

‘Peaceful Purposes’ is too vague – any connection to the military opens Pandora’s box

Skaridov, 05- Professor of Law at St Petersburg Humanitarian University (Alexander S., “Naval activity in the foreign EEZ—the role of terminology in law regime”, Marine Policy Volume 29, Issue 2, Science Direct)

Terminology is of fundamental importance in the application of the Law of the Sea. During the Tokyo meeting most participants were of the opinion that the 1982 UNCLOS in establishing the EEZ left many terms undefined, and thus the regime ambiguous, particularly regarding military uses of foreign EEZs. This ambiguity is in turn reflected in national laws.¶ In Russian law, it is generally assumed that the definition of a term can be determined from its generic characteristics (genus proximum) and specific differences (differentia specifica) of the phenomenon being defined [1]. In this context, a generic feature distinguishing military activity from other activities is its purpose of ensuring the security of the flag State, and a specific difference is the use of weapons for such purposes. 1. Peaceful uses Awell-known Eastern saying goes ‘you may repeat a countless number of times the word halva, but it won’t become sweeter in your mouth’. Imagine yourself as a captain of an antisubmarine cruiser instructing your crew to sail with ‘peaceful purposes,’ and that the activities on the cruise must be innocent and ‘not prejudicial to the peace, good order or security of the coastal state’ [2]. Every cruise of a naval vessel is related to training the crew in warfare. And any military vessel or aircraft can inflict damage on its opponents. If that possibility is taken at face value, then it would be necessary to ban all military activity outside the territory of the flag State.¶ Although the term ‘peaceful uses’ appears in official government statements and multilateral treaties before the 1982 UNCLOS [3], examination of State practice leads to the conclusion that this term still lacks an authoritative definition. However, ‘peaceful’ does not necessarily mean ‘non-military’. Let us look at one of its early uses, in the Outer Space Treaty of 1967. The UN General Assembly resolution 1148 (XII) first introduced the phrase ‘exclusively for peaceful purposes,’ at the end of the 13th UN General Assembly meeting in 1958. In the debate, nearly all States used the term ‘peaceful’ as opposed to ‘military’. Therefore, the common under- standing was to avoid any military uses whatsoever. But at the time of the debate, both the United States and the Soviet Union were developing satellites to serve military objectives. When this became evident, the legal meaning of the phrase ‘peaceful uses’ changed from non-military to ‘non-aggressive.’ Accordingly, all military uses of outer space were permitted and lawful as long as they remained ‘non-aggressive.’¶

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