Yale Law Journal- In Defense of Guantanamo Bay

Yale Law Journal- In Defense of Guantanamo Bay

Posted By Greg McNeal On August 13, 2007 @ 5:56 pm In Law Blog, International Criminal Law, Counterterrorism, International Humanitarian Law, International Human Rights Law | 1 Comment

The [1] Yale Law Journal’s Pocket Part today published an [2] 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.

Article printed from Law Blog: http://aidpblog.org

URL to article: http://aidpblog.org/2007/08/13/yale-law-journal-in-defense-of-guantanamo-bay/

URLs in this post:
[1] Yale Law Journal’s Pocket Part: http://yalelawjournal.org/
[2] essay: http://yalelawjournal.org/2007/08/13/morris.html