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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United States, 8 Cranch12 U. They would diminish the johsnon of our commanders, not only with enemies but with wavering neutrals. Office of the Law Revision Counsel of the U. Justice Jackson added that there had never been a case in any nation in which a writ of habeas corpus was recognized under those circumstances. Despite this, the doors of our courts have not been summarily closed upon these prisoners.

The doctrine that the term “any person” in the Fifth Amendment spreads its protection over alien enemies anywhere in the world engaged in hostilities against us should be weighed in light of the full text of that Amendment: Supreme Court of the United Statesfinal court of appeal and final expositor of the Constitution of the United States. Justia johnsln no jhonson or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice.

They were tried by a Military Commission sitting in the District of Columbia at a time when civil eisentrrager were open and functioning normally.

By a parity of reasoning with that in the foregoing decisions, this Article also refers to those, and only to those, proceedings for disciplinary offenses during captivity.

It is claimed that their trial, conviction, and imprisonment violate Articles I and III of the Constitution, and the Fifth Amendment thereto, and other provisions of the Constitution and laws of the United States and provisions of the Geneva Convention governing treatment of prisoners of war.

This Court has recognized that rule, Caperton v. For that citizenship is enriched beyond price by our goal jihnson equal justice under law — equal justice not for citizens alone, but for all persons coming within the ambit of our power. It would be difficult to devise more effective fettering of a field commander than to allow the very enemies he is ordered to reduce to submission to call him to account in his own civil courts and divert his efforts and attention from the military offensive abroad to the legal defensive at home.


From Wikipedia, the free encyclopedia. On May 8,the German High Command executed an act of unconditional surrenderexpressly obligating all forces mohnson German control at once to cease active hostilities and therefore ending the European Theater of World War II.

This goal for government is not new.

They were then transferred to a German prison and remained in the custody of the United States Army. We are not holding that these prisoners have no right which the military authorities are bound to respect.

It might also require transportation for whatever witnesses the prisoners desired to call, as well as transportation for those necessary to defend legality of the sentence. Skip to main content. The case is before us only on issues of law. Bush on the same grounds.

Johnson v. Eisentrager

Thank You for Your Contribution! This is in keeping with the practices of the most enlightened of nations, and has resulted in treatment of alien enemies more considerate than that.

In World War I, our conscription act did not subject the alien enemy to compulsory military service. Mahatma Gandhi, Indian lawyer, politician, social activist, and writer who became the leader of the nationalist…. 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.

This is the crux of the statutory scheme established by the Congress; [ Footnote 9 ] indeed, it is inherent in the very term “habeas corpus. Springing from recognition that our government is composed of three separate and independent branches, it is whether the judiciary has power in habeas corpus proceedings to test the legality of criminal sentences imposed by the executive through military tribunals in a country which we have occupied for years.

You may find it helpful to search within the site to see how similar or related subjects are covered. It must be remembered that legitimate “acts of warfare,” however murderous, do not justify criminal conviction. Modern American law has come a long way since the time when outbreak of war made every enemy national. Without a possibility to petition the US Supreme Court? On June 28,the Supreme Johnsoh decided two cases— Rasul v.

While this is preventive, rather than punitive, detention, no reason is apparent why an alien enemy charged with having committed a crime should have greater immunities from Executive action than one who it is only feared might at some future time commit a hostile act. The petition eisentragef an order that the prisoners be produced before the District Court, that it may inquire into their confinement and order them discharged from such offenses and confinement.


Johnson v. Eisentrager | law case |

This would require allocation of shipping space, guarding personnel, billeting, and rations. Thank you for your feedback. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. The doctrine that the term “any person” in the Fifth Amendment spreads its protection over alien enemies anywhere in the world engaged in hostilities against us should be weighed in light of the full text of that Amendment:.

V The District Court dismissed this petition on authority of Ahrens v. See the concurring opinion of MR. United States Supreme Court eisentrxger. Please try again later. The Rapid, 8 Cranch12 U. The jurisdiction of eisebtrager authorities, during or following hostilities, to punish those guilty of offenses against the laws of war is long established.

Decker, 11 Page U. Index of page Summary Procedural history Legally relevant facts Core legal questions Specific legal rules and provisions Court’s holding and analysis Further analysis Instruments cited Related cases Social media links. None of the learned commentators on our Constitution has ever hinted at esientrager. Twenty one individuals, all German nationals, were tried and convicted by a United States military commission in China for violating the laws of war, namely by continuing to engage in, permitting or ordering eisentrafer activity against the United States after the surrender of Germany.

Perhaps, eisrntrager some nations believe, there is merit in leaving the administration of vz laws. Categories War crimes Keywords detention, international armed conflict, jurisdiction, war crimes Links Judgment Other countries involved Germany back to top Summary On 8 MayGermany unconditionally surrendered obliging all forces under German control to ve cease hostilities.

The United States does not invoke this enemy allegiance only for its own interest, but respects it also when to the enemy’s advantage. These prisoners do not assert, and could not, that anything in the Geneva Convention makes them immune from prosecution or punishment for war crimes. In Ex parte Quirin, U.