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'''Benjamin G. Davis''' is a law professor at the [[University of Toledo]] [[University of Toledo College of Law|College of Law]], where he teaches [[international law]]. He has commented on various aspects of [[extrajudicial detention, U.S., George W. Bush Administration|extrajudicial detention policy of the George W. Bush Administration]]. <ref name=ToledoFreePress20070713>
{{Infobox Person
| name        = Benjamin G. Davis
| image      =
| alt        =
| caption    =
| birth_date  = <!-- {{Birth year and age|YYYY}} -->
| birth_place =
| death_date  = <!-- {{Death date and age|YYYY|MM|DD|YYYY|MM|DD}} (death date then birth date) -->
| death_place =
| nationality = USA
| other_names =
| known_for  = defended individuals held at Guantanamo
| occupation  = law professor
}}  
'''Benjamin G. Davis''' is a widely published [[United States of America|American]] lawyer and Professor of Law.<ref name=ToledoFreePress20070713>
{{cite news
{{cite news
| url=http://www.toledofreepress.com/?id=5937
| url=http://www.toledofreepress.com/?id=5937
| title=Keep Our Honor Clean
| title=Keep Our Honor Clean
| author=Benjamin G. Davis
| author=[[Benjamin G. Davis (Law Professor)|Benjamin Davis]]
| publisher=[[Toledo Free Press]]
| publisher=[[Toledo Free Press]]
| date=July 13, 2007
| date=[[July 13]] [[2007]]
}}</ref><ref name=TransnationalDisputeManagementBenDavis>
{{cite web
| publisher=[[Transnational Dispute Management]]
| url=http://www.transnational-dispute-management.com/authors/author_detail.asp?key=782
| title=Contributing Authors: Benjamin G. Davis
| accessdate=July 14
| accessyear=2007
}}</ref>
}}</ref>
He taught [[International Law]] at the [[University of Toledo]] [[University of Toledo College of Law|College of Law]] until his retirement in 2021.
==Early life==
==Early life==
Davis's parents were [[Foreign Service Officer]]s. He attended Harvard College, Harvard Business School, and Harvard Law School.


Between 1983 and 2000 Davis worked outside the USA in a variety of roles in International Development, International Commerce, and International Law.<ref name=TransnationalDisputeManagementBenDavis>
Davis's parents worked for the [[United States Foreign Service]].<ref name=TransnationalDisputeManagementBenDavis/>
 
{| class="wikitable"
| 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.<ref name=TransnationalDisputeManagementBenDavis/>
 
Davis first American teaching post was at the [[Texas Wesleyan University]] [[Texas Wesleyan University School of Law|School of Law]] in 2000.  In 2003 he transferred to the University of Toledo.<ref name=TransnationalDisputeManagementBenDavis/>
 
===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]].<ref name=CitizensTribunalEhrenWatada>
{{cite web
{{cite web
| publisher=[[Transnational Dispute Management]]
| date=[[January 20]] [[2007]]
| url=http://www.transnational-dispute-management.com/authors/author_detail.asp?key=782
| url=http://www.wartribunal.org/  
| title=Contributing Authors: Benjamin G. Davis
| title=Citizens' hearing on the legality of U.S. actions in Iraq: The Case of Lt. Ehren Watada
| accessdate=July 14
| accessdate=July 14
| accessyear=2007
| accessyear=2007
}}</ref> Davis' first American teaching post was at the [[Texas Wesleyan University]] [[Texas Wesleyan University School of Law|School of Law]] in 2000.  In 2003 he transferred to the University of Toledo.<ref name=TransnationalDisputeManagementBenDavis/>
}}</ref>
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===
Davis's article raised seven numbered arguments for why captives at [[Guantanamo detention camp]] were protected by United States Law.<ref name=ToledoFreePress20070713/> 
Among the points he raised were that captives were protected from prosecution by the [[Geneva Conventions]], unless their status as lawful combatants was successfully challenged before a tribunal defined by the [[Third Geneva Convention]].  He pointed out that American captives are protected by American laws, such as the [[Military Extraterritorial Jurisdiction Act]], and that [[prisoner of war|Prisoners of War]] have been allowed to file [[habeas corpus|writs of habeas corpus]] in earlier conflicts, such as
[[Hirota v. McArthur]].


Davis called for the prosecution of those responsible for the Bush detainee policy: "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 "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."
Davis wrote a notable critique of the [[George W. Bush|Bush Presidency's]] [[Bush detainee policy|detainee policy]], where he criticized the premise that captives taken by the USA during its war on terror, did not have any [[United States Constitution|Constitutional Rights]].<ref name=ToledoFreePress20070713/>
 
Davis's article raised seven numbered arguments for why [[Guantanamo captive]]s were protected by United States Law.<ref name=ToledoFreePress20070713/> 
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 tribunal|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 [[habeas corpus|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<ref name=ToledoFreePress20070713/>:
{{quotation|"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<ref name=ToledoFreePress20070713/>: {{quotation|"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.<ref name=utoledoDavisRetires/>


==References==
==References==
<references/>
{{Reflist|refs=
<ref name=utoledoDavisRetires>
{{cite news   
| url        = https://www.utoledo.edu/law/faculty/emeriti/davis-ben.html
| title      = BENJAMIN G. DAVIS: PROFESSOR OF LAW EMERITUS
| work        = [[University of Toledo]]
| archiveurl  = https://web.archive.org/web/20210303060212/https://www.utoledo.edu/law/faculty/emeriti/davis-ben.html
| archivedate = 2021-03-03
| accessdate  = 2022-03-25
| url-status  = live
| quote      =  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.
}}
</ref>
 
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| work        =
| author      =
| date        =
| page        =
| location    =
| isbn        =
| language    =
| trans-title =
| archiveurl  =
| archivedate =
| accessdate  = 2022-03-25
| url-status  = live     
| quote      =
}}
</ref>
 
{{cite news   
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| work        =
| author      =
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| accessdate  = 2022-03-25
| url-status  = live
| quote      =
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</ref>
 
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| accessdate  = 2022-03-25
| url-status  = live
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}}
</ref>
}}
 
==External links==
*{{cite news
| url=http://jurist.law.pitt.edu/hotline/2007/05/no-heroes-at-justice-department.php
| author=[[Benjamin G. Davis (Law Professor)|Ben Davis]]
| title=No heroes at the Justice Department
| publisher=[[The Jurist]]
| date=[[May 18]] [[2007]]
| accessdate=2007-7-14
}}
*{{cite news
| url=http://jurist.law.pitt.edu/hotline/2007/04/beyond-orwell-existential-threat-of.php
| author=[[Benjamin G. Davis (Law Professor)|Ben Davis]]
| date=Friday, April 27, 2007
| title=Beyond Orwell: the existential threat of Guantanamo detainees
| publisher=[[The Jurist]]
| accessdate=2007-7-14
}}

Latest revision as of 16:53, 12 March 2024

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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. ↑ 1.0 1.1 1.2 1.3 1.4 Benjamin Davis. Keep Our Honor Clean, Toledo Free Press, July 13 2007.
  2. ↑ 2.0 2.1 2.2 2.3 Contributing Authors: Benjamin G. Davis. Transnational Dispute Management. Retrieved on July 14, 2007.
  3. ↑ 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.
  4. ↑ 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

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