The Yale Law Journal’s Pocket Part today published an essay by Colonel Morris Davis, the Chief Prosecutor in Guantanamo.
Col. Davis offers a perspective not often read in law journals and the media, and one which I believe is meritworthy. Some of his points:
1) The detention facility has been inaccurately portrayed by critics.
2) Arguments about “indefinite trial without detention” are misplaced in a wartime context.
3) Military commissions have been historically used and are consistent with the Geneva Conventions.
4) Military commissions as constituted provide full and fair trial rights.
5) Military commissions will not exclude defendants from their trial.
6) Military commissions exclude evidence if it is derived by torture.
7) Military commissions allow the use of hearsay, but so do the ICC, the ICTY, ICTR, SCSL, Cambodia tribunal, etc.
This is just a brief summary, the article is worth checking out.
Comment #1
AIDP Blog » “The Legal Rights of Guantanamo Detainees: What Are They, Should They Be Changed, and Is an End in Sight? “ said,
[…] The witness list has not yet been posted, but the committee would be smart to invite the former Chief Prosecutor, Morris Davis who resigned recently. Colonel Davis, according to this LA Times Report, “cited what he considered inappropriate political pressures on the legal process in his decision to seek reassignment.” During his time as Chief Prosecutor Colonel Davis was one of the best advocates on behalf of the commissions, frequently making himself available to the press, and even writing a piece for the Yale Law Journal’s Pocket Part entitled “In Defense of Guantanamo Bay.” […]
December 6, 2007 at 8:42 pm