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The rights of prisoners of war depends on which country holds them. In this lesson, we will learn how the Supreme Court’s decision in ”Johnson v. Eisentrager”. [Source: U.S. Supreme Court JOHNSON v. EISENTRAGER, U.S. (); June 5, ; available on ]. Johnson, Secretary of Defense et al; Eisentrager alias Ehrhardt et al. Categories, War crimes. Keywords, detention, international armed conflict, jurisdiction, war.

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Not one word can be cited. The Selective Service Act of62 Stat. That we went on to deny the fs writ, as in the Quirin case, in no way detracts from the clear holding that habeas corpus jurisdiction is available even to belligerent aliens convicted by a military tribunal for an offense committed in actual acts of warfare.

ICD – Johnson v. Eisentrager – Asser Institute

Nor is it unlikely that the result of such enemy litigiousness would be a conflict between judicial and military opinion highly comforting to enemies of the United States. Eisentrager 1 reference found in Britannica articles Assorted References Rasul v. To support that assumption we must hold that a prisoner of our military authorities is constitutionally entitled to the writ, even though he a is an enemy alien; b has never been or resided in the United States; c was captured outside of our territory and there held in military custody as a prisoner of war; d was tried and convicted by a Military Commission sitting outside the United States; e for offenses against laws of war committed outside the United States; f and is at all times imprisoned outside the United States.

Within the framework of litigation, the Supreme Court marks the boundaries of authority between state and nation, state and state, and government and citizen. The latter are entitled only to judicial hearing to determine what the petition of these prisoners admits: The Constitution does not confer a right of personal security or an immunity from military trial and punishment upon an alien enemy engaged in the hostile service of a government at war with the United States.


Johnson v. Eisentrager :: U.S. () :: Justia US Supreme Court Center

This Court has characterized as “well established” the “power of the military to exercise jurisdiction over members of the armed forces, those directly connected with such forces, or enemy belligerents, prisoners of war, or others charged with violating the laws of war. The Court of Appeals considered only questions which it regarded as reserved in that decision and jonnson Ex parte Endo, U.

They were arrested by civil authorities, and the prosecution was personally directed by the Attorney General, a civilian prosecutor, for acts committed in the United States. It should not be decided by this Court now without that assistance, particularly since. As we observed in the Yamashita case. After conviction, the sentences were duly reviewed [ The security and protection enjoyed while the nation of his allegiance remains in amity with the United States are greatly impaired when his nation takes up arms against us.

For our people “choose to maintain their greatness by justice, rather than violence. It being within the jurisdiction of a Military Commission to try the prisoners, it was for it to determine whether the laws eisentager war applied and whether an offense against them had been committed.

Johnson v. Eisentrager

Retrieved from ” https: Correction of their errors of decision is not for the courts, but for the military authorities which are alone authorized to review their decisions. Twenty-one German nationals petitioned the District Court of the District of Columbia for writs of habeas corpus.

The faction took its name from its membership, which consisted largely of…. On 8 Maythe Germain High Command executed an act of unconditional surrender obliging all forces under its esentrager to immediately cease active hostilities.

When any citizen is deprived of his liberty by any foreign government, it is made the duty of the President to demand the reasons and, if the detention appears wrongful, to use means not amounting to acts of war to effectuate his release. Supreme Court of the United States.


eieentrager Similarly, In Re Yamashita, U. Eisentrager that foreign nationals imprisoned abroad may not file habeas corpus petitions in U. Except insofar as eisentraber holding depends on the gratuitous conclusions in Part IV and I cannot tell how far it doesit is based on the facts that 1 they were enemy aliens who were belligerents when captured, and 2 they were captured, tried, and imprisoned outside our realm, never having been in the United States.

Johnson v. Eisentrager, 339 U.S. 763 (1950)

Eisentager Courtwhere it decided that U. The alien, to whom the United States has been traditionally hospitable, has been accorded a generous and ascending scale of rights as he increases his identity with our society.

The District Court dismissed a petition for a writ of habeas corpus to inquire into the confinement of respondents by the United States Army in occupied Germany. The issues come here in this way: Nor jognson it unlikely that the result of such enemy litigiousness would be a conflict between judicial and military opinion highly comforting to enemies of the United States.

On 8 MayGermany unconditionally surrendered obliging all forces under German control to immediately cease hostilities. The issues come here in this way:. Their hostile operations consisted principally of collecting and furnishing intelligence concerning American forces and their movements to the Japanese armed forces. The Court is fashioning wholly indefensible doctrine if it permits eisentrger executive branch, by deciding where its prisoners will be tried and imprisoned, to deprive all federal courts of their power to protect against a federal executive’s illegal incarcerations.

We are not holding that these prisoners have no right which the military authorities are bound to respect.