(US Supreme Court) German citizens had been convicted of espionage by a United States military commission after the surrender of Germany at the end of the Second World War. They were repatriated to Landsberg Prison in Germany to serve their sentences. The prison was under the control of the United States army. The prisoners petitioned for writs of habeas corpus.
Held: Justice Robert Jackson (majority) said that a court was unable to extend the writ of habeas corpus to aliens held outside the territory of the United States. He distinguished between aliens and citizens, observing that ‘citizenship as a head of jurisdiction and a ground of protection was old when Paul invoked it in his appeal to Caesar’.
Citations:
(1949) 174 F.2d 961
Links:
Jurisdiction:
United States
Cited by:
Cited – Regina (on the application of Abassi and Another) v Secretary of State for Foreign and Commonwealth Affairs and Another CA 6-Nov-2002
A British national had been captured in Afghanistan, and was being held without remedy by US forces. His family sought an order requiring the respondent to take greater steps to secure his release or provide other assistance.
Held: Such an . .
Lists of cited by and citing cases may be incomplete.
International
Updated: 06 July 2022; Ref: scu.241343