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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On 8 MayGermany unconditionally surrendered obliging all forces under German control to immediately cease hostilities. None of the places where they were acting, arrested, tried, or imprisoned was, it was contended, in a zone of active military operations, was not under martial law or any other military control, and no circumstances justified transferring them from civil to military jurisdiction.

We eosentrager only read ” b ” to mean either that the presence of the military forces of the United States in China at the times in eisentrafer was unconstitutional, or, if lawfully there, that they had no right under the Constitution to set up a Military Commission on Chinese territory.

For reasons stated, the judgment of the Court of Appeals is reversed, and the judgment of the District Court dismissing the petition is affirmed. This would require allocation of shipping space, guarding personnel, billeting and rations. And in The Japanese Immigrant Case, the Court held its processes available to “an alien who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here.

The resident enemy alien is constitutionally subject to summary arrest, internment, and deportation whenever a “declared war” exists.

They were then transferred to a German prison and remained in the custody of the United States Army. Our Eisentrayer is not so impractical or inflexible that it unduly restricts such necessary independence. Bush In Rasul v. Conscription, compulsory service and measures to mobilize every human and material resource and to utilize nationals — wherever they may be — in arms, intrigue and sabotage, attest the prophetic realism of what once may have seemed a doctrinaire and artificial principle.

Johnson v. Eisentrager | law case |

Whilst it is a principle of the common law that foreign enemy nationals who are resident in the United States enjoy a limited right of vx to United States courts, this does not extend to foreign enemy nationals residing outside the territory of the United States. These prisoners do not assert, and could not, that anything in the Geneva Convention makes them immune from prosecution or punishment for war crimes.


Except England, whose law appears to be in harmony with the views we have expressed, and other English-speaking peoples in whose practice nothing has been cited to the contrary, the writ of habeas corpus is iesentrager unknown. Except insofar as this 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.

Though the scope of habeas corpus review of military tribunal sentences is narrow, I think it should not be denied to these petitioners and others like them.

Principles of International Law 5th ed. The issue tendered by ” b ” involves a challenge to conduct of diplomatic and foreign affairs, for which the President is exclusively responsible. Justia Annotations is a forum for attorneys jlhnson summarize, comment on, and analyze case law published on our site. This may be taken as the sound principle of the common law today.

In the pioneer case of Yick Wo v.

Johnson v. Eisentrager

Bush and Hamdi v. The Eisenhrager Court dismissed this petition on authority of Ahrens v. The decision was appealed by Johnson, the Secretary of Defense and others.

Does a prisoner’s right to test legality of a sentence then depend on where the Government chooses to imprison him? Since then the appellants have been imprisoned in Germany in the custody of the United States Army.

United States, Johnson v. Eisentrager

If this was ever something of a fiction, it is one validated by the actualities of modern total warfare. At the bottom of the article, feel free to list any sources that support your changes, so that we can fully understand their context. Are the appellants entitled to a writ of habeas corpus as a substantive right? Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements.

This would require allocation of shipping space, guarding personnel, billeting, and rations. The petition prays 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.


There is not the slightest intimation that the accused were spies, or engaged in cruelty, torture, or any conduct other than that which soldiers or civilians might properly perform eosentrager entangled in their jihnson war.

The petition in this case alleges no fact showing lack of jurisdiction in the military authorities to accuse, try, and condemn these prisoners, eiaentrager that they acted in excess of their lawful powers.

One was, or Page U. They amended to allege that their employment there was by civilian agencies of the German Government. I am not convinced that this unargued question is johnskn decided. Army eisentraget transferred the German agents to Landsberg Prison in Germany, a prisoner-of-war camp maintained by the U. A basic consideration in habeas corpus practice is that the prisoner will be produced before the court.

Eisentrager 1 reference found in Britannica articles Assorted References Rasul v. Once these jurisdictional elements have been determined, courts will not inquire into any other issue as to his internment. The Court of Appeals assumed, and we do eisentraager, that, while prisoners are Page U. Jobnson petition, however, makes two claims in the nature of procedural irregularities said to deprive the Military Commission of jurisdiction.

Hopkins, the Court said of the Fourteenth Amendment.

From Wikipedia, the free encyclopedia. United States,F. 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 eisentrsger against us. Their hostile operations consisted principally of collecting and furnishing intelligence concerning American forces and their movements to the Japanese armed forces. These prisoners, it considered, are invested with a right of personal liberty by our Constitution, and therefore johnzon have the right to the remedial writ.

While his lot is far more humane. They were tried by a Military Commission sitting in the District of Columbia at a time when civil courts were open and functioning normally. The case is before us only on issues eisenrrager law.