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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Johnson v. Eisentrager | law case |

As we observed in the Yamashita case. Did the Military Commission lack jurisdiction to try and convict the Respondents or did it act in any other way in excess of its lawful powers for the purposes of establishing a violation of the rights of the Respondents? At no time were they within the territorial jurisdiction of any American civil court.

United States, Johnson v. While the Court wisely disclaims any such necessary effect for its holding, rejection of the Government’s argument is certainly made difficult by the logic of today’s. Constitution of the United States17 September Chancellor Kent, after considering the leading authorities of his time, declared the law to be that “.

The standing of the enemy alien to maintain any action in the courts of the United States has been often challenged and sometimes denied. Twenty-one German nationals petitioned the District Court of the District of Columbia for writs of habeas corpus. Yamashita’s offenses were committed on our territory, he was tried within the jurisdiction of our insular courts, and he was imprisoned within territory of the United States.

Moreover, we could expect no reciprocity for placing the litigation weapon in unrestrained enemy hands. Please note that our editors may make some formatting changes or correct spelling or grammatical errors, and may also contact you if any clarifications are needed. The Rapid, 8 Cranch12 U. They amended to allege that their employment there was by civilian agencies of the German Government. Its Conduct and Legal Results,’ p. The Court of Appeals considered only questions which it regarded as reserved in that decision and in Ex parte Endo, U.


Principles of International Law 5th ed. Supreme Court of the United Statesfinal court of appeal and final expositor of the Constitution of the United States. Army officials transferred the German agents to Landsberg Prison in Germany, a prisoner-of-war camp maintained by the U. Al-Qaedabroad-based militant Islamist organization founded by Osama bin Laden in the late s.

A basic consideration in habeas corpus practice is that the prisoner will be produced before the court. Another reason for a limited opening of our courts to resident aliens is that among them are many of friendly personal disposition to whom the status of enemy is only one imputed by law. While his lot is far more humane. On 8 Maythe Germain High Command executed an act of unconditional surrender obliging all forces under its control to immediately cease active hostilities.

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. During his probationary residence. The Court of Appeals reversed the District Court’s dismissal on the ground that the judicial, rather than the executive, branch of government is vested with final authority to determine the legality of imprisonment for crime.

The ultimate question in this case is one of jurisdiction of civil courts of the United States vis-a -vis military authorities in dealing with enemy aliens overseas. They alleged that, prior to May 8,they were in service of German armed forces in China.

But other martyrized disciples were not so fortunate. Help us improve this article! This is the crux of the statutory scheme established by the Congress; [ Footnote 9 ] indeed, it is inherent in the very term “habeas corpus.

Once these jurisdictional elements have been determined, courts will not inquire into any other issue as to his internment. This may be taken as the sound principle of the common law today.

The prisoners rely, however, upon two decisions of this Court to get them over the threshold — Ex parte Quirin, U. And, of course, it cannot be claimed that such shelter is due them as a matter of comity for any reciprocal rights conferred by enemy governments on American soldiers.

Such trials would hamper the war effort and bring aid and comfort to the enemy. Eisenrager a dissenting opinion, Justice Hugo L. The constitutional contentions are that. None of these heads of jurisdiction can be invoked by these prisoners. Braden was relied on by the Court in Rasul v.


To grant the Page U. Views Read Edit View history. Elsentrager Benito Estenger, U. Elsentrager War crimes Keywords detention, international armed conflict, jurisdiction, war crimes Links Judgment Other countries jhnson Germany back to top Summary On 8 MayGermany unconditionally surrendered obliging all forces under German control to immediately cease hostilities.

We ask only whether the military tribunal was legally constituted, and whether it had jurisdiction to impose punishment for the conduct charged. Unfortunately, our editorial approach may not be able to accommodate all contributions.

Johnson v. Eisentrager

But these prisoners were actual enemies, active in the hostile service of an enemy power. Learn More in these related Britannica articles: This is in keeping with the risentrager of the most enlightened of nations, and has resulted in treatment of alien enemies more considerate than that.

We have pointed out that the privilege of litigation has been johneon to aliens, whether friendly or enemy, only because permitting their presence in the country implied. At the very least, fairness requires that the Court hear argument on this point. If the Fifth Amendment confers it rights on all the world except Americans engaged in defending it, the same must be true of the companion civil rights Amendments, for none of them is limited by its express terms, territorially or as to persons.

Certainly it is not the function of the Judiciary to entertain private litigation — even by a citizen — which challenges the legality, the wisdom, or the propriety of the Commander-in-Chief in sending our armed forces abroad or to any particular region.

They were then transferred to a German prison and remained in vx custody of the United States Army.

Supreme Courtwhere it decided that U.