Davis asserts that it is a mistake to try some detainees in federal courts and others by military commissions. Military commissions satisfy the requirements of the Geneva Conventions, which are the source of the detainees’ rights. The rights in federal courts surpass the Geneva Conventions requirements and give detainees more than their status and the law demand. This discrepancy will perpetuate the perception that Guantanamo and justice are mutually exclusive. Davis believes we need to change the negative perceptions that exist about Guantanamo and our commitment to the law, which will only be reinforced by the formal establishment of a legal double standard.
Davis is the former chief prosecutor for the military commissions. He retired from the military in 2008.
Opinion summaries provided by Opinion Source, an organization with which Safe Democracy is associated