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Watada is an officer in the [[United States Army]] who declined to serve in | Watada is an officer in the [[United States Army]] who declined to serve in Iraq because he believed the United States actions in Iraq are illegal. | ||
===Davis's comments on Guantanamo detentions=== | ===Davis's comments on Guantanamo detentions=== | ||
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| Benjamin G. Davis | |
|---|---|
| Occupation | law professor |
| Known for | defended individuals held at Guantanamo |
Benjamin G. Davis is a widely published American lawyer and Professor of Law.[1][2] He taught International Law at the University of Toledo College of Law until his retirement in 2021.
Early life
Davis's parents worked for the United States Foreign Service.[2]
| 1973 | Phillips Exeter Academy |
| 1977 | Harvard College |
| 1983 | Harvard Business School |
| 1983 | Harvard Law School |
Legal career
Between 1983 and 2000 Davis worked outside the USA in a variety of roles in International Development, International Commerce, and International Law.[2]
Davis first American teaching post was at the Texas Wesleyan University School of Law in 2000. In 2003 he transferred to the University of Toledo.[2]
Testified on behalf of Ehren Watada
Davis testified before a "Citizens' hearing on the legality of U.S. actions in Iraq" that considered the case of Lieutenant Ehren Watada.[3] Watada is an officer in the United States Army who declined to serve in Iraq because he believed the United States actions in Iraq are illegal.
Davis's comments on Guantanamo detentions
Davis wrote a notable critique of the Bush Presidency's detainee policy, where he criticized the premise that captives taken by the USA during its war on terror, did not have any Constitutional Rights.[1]
Davis's article raised seven numbered arguments for why Guantanamo captives were protected by United States Law.[1] Among the points he raised were that captives were protected from prosecution by the Geneva Conventions, unless their status as lawful combatant was successfully challenged before a competent authority. He pointed out that American captives are protected by American laws, such as the Military Extraterritorial Jurisdiction Act. He pointed out that Prisoners of War have been allowed to file writs of habeas corpus in earlier conflicts, such as Hirota v. McCarthur.
Davis called for the prosecution of those responsible for the Bush detainee policy[1]:
"We also want the high level civilian and military generals who put this in place and permitted the violations of laws of war to be prosecuted – to lay a marker to the world and ourselves that we pay more than lip service to Geneva law - we comply with it."
He closed his article with the observation[1]:
"We have real enemies who want to hurt us. The price of freedom is not only to fight – but also to keep our honor clean."
Retirement
Davis retired from the University of Toledo in 2021.[4]
References
- ↑ 1.0 1.1 1.2 1.3 1.4 Benjamin Davis. Keep Our Honor Clean, Toledo Free Press, July 13 2007.
- ↑ 2.0 2.1 2.2 2.3 Contributing Authors: Benjamin G. Davis. Transnational Dispute Management. Retrieved on July 14, 2007.
- ↑ Citizens' hearing on the legality of U.S. actions in Iraq: The Case of Lt. Ehren Watada (January 20 2007). Retrieved on July 14, 2007.
- ↑ BENJAMIN G. DAVIS: PROFESSOR OF LAW EMERITUS, University of Toledo. Retrieved on 2022-03-25. “In 1986, he became the American legal counsel at the International Court of Arbitration of the International Chamber of Commerce (ICC) where he supervised directly or indirectly over 1,000 international commercial arbitration and mediation cases, made filings before courts around the world on behalf of the ICC, assisted with the drafting of arbitration laws in countries such as India and Sri Lanka, and led conferences in Eastern and Western Europe, North America, and Asia.”
External links
- Ben Davis. No heroes at the Justice Department, The Jurist, May 18 2007. Retrieved on 2007-7-14.
- Ben Davis. Beyond Orwell: the existential threat of Guantanamo detainees, The Jurist, Friday, April 27, 2007. Retrieved on 2007-7-14.