The case involves German prisoners of war who were convicted of violating laws of war by fighting against the US after Germany surrendered but before Japan surrendered. The Supreme Court held that nonresident enemy aliens, who have remained with and supported enemy governments, are not entitled to the writ of habeas corpus, which means they cannot challenge their imprisonment in American courts. The Alien Enemy Act of 1798 gives the President power over enemy aliens, which is crucial for war-time security. During war, alien enemies cannot maintain an action in US courts, and they cannot receive the writ of habeas corpus to challenge their imprisonment. The Court cannot retry the case or review the findings of the Military Commission, but only considers the lawful power of the Commission to try the prisoners for the offense charged. The prisoners are not immune from prosecution or punishment for war crimes under the Geneva Convention.
Johnson v. Eisentrager (1950)
Supreme Court of the United States
339 U.S. 763, 94 L. Ed. 2d 1255, 70 S. Ct. 936, SCDB 1949-091, 1950 U.S. LEXIS 1815
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