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Encyclopedia > Ex parte Quirin
Ex parte Quirin
Supreme Court of the United States
Argued July 29 – 30, 1942
Decided July 31, 1942
Full case name: Ex parte Richard Quirin; Ex parte Herbert Hans Haupt; Ex parte Edward John Kerling; Ex parte Ernest Peter Burger; Ex parte Heinrich Harm Heinck; Ex parte Werner Thiel; Ex parte Hermann Otto Neubauer
Citations: 317 U.S. 1; 63 S. Ct. 2; 87 L. Ed. 3; 1942 U.S. LEXIS 1119
Prior history: Motions to leave to file petitions for writs of habeas corpus; certiorari to the United States Court of Appeals for the District of Columbia
Holding
The Court upheld the jurisdiction of a United States military tribunal over the trial of several German saboteurs in the United States.
Court membership
Chief Justice: Harlan Fiske Stone
Associate Justices: Owen Josephus Roberts, Hugo Black, Stanley Forman Reed, Felix Frankfurter, William O. Douglas, Frank Murphy, Robert H. Jackson, Wiley Blount Rutledge
Case opinions
Per curiam.
Majority by: Stone
Murphy took no part in the consideration or decision of the case.
Laws applied
U.S. Const.

Ex parte Quirin, 317 U.S. 1 (1942) is a Supreme Court of the United States case that upheld the jurisdiction of a United States military tribunal over the trial of several Operation Pastorius German saboteurs in the United States. Quirin has been cited as a precedent for the execution of any unlawful combatant against the United States. Image File history File links Seal_of_the_United_States_Supreme_Court. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... The examples and perspective in this article or section may not represent a worldwide view. ... German supply train blown up by the Armia Krajowa during World War II Sabotage is a deliberate action aimed at weakening an enemy, oppressor or employer through subversion, obstruction, disruption, and/or destruction. ... Harlan Fiske Stone (October 11, 1872 – April 22, 1946) was an American lawyer and jurist who served as the dean of Columbia Law School, Attorney General of the United States, Associate Justice of the U.S. Supreme Court and later Chief Justice of the United States. ... Owen Josephus Roberts (May 2, 1875 – May 17, 1955) was an Associate Justice of the United States Supreme Court for fifteen years. ... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... Stanley Forman Reed ( December 31, 1884 – April 2, 1980) was an Associate Justice of the Supreme Court from 1938 to 1957. ... Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court. ... William Orville Douglas (October 16, 1898 – January 19, 1980) was a United States Supreme Court Associate Justice. ... For the Australian rules footballer, see Frank Murphy (footballer). ... Robert Houghwout Jackson (February 13, 1892–October 9, 1954) was United States Attorney General (1940–1941) and an Associate Justice of the United States Supreme Court (1941–1954). ... Wiley Blount Rutledge (July 20, 1894 - September 10, 1949) was a U.S. educator and jurist. ... Wikisource has original text related to this article: Constitution of the United States of America Page one of the original copy of the Constitution. ... Year 1942 (MCMXLII) was a common year starting on Thursday (the link is to a full 1942 calendar). ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... The examples and perspective in this article or section may not represent a worldwide view. ... Operation Pastorius was a failed Nazi attack on the United States staged in June 1942. ... German supply train blown up by the Armia Krajowa during World War II Sabotage is a deliberate action aimed at weakening an enemy, oppressor or employer through subversion, obstruction, disruption, and/or destruction. ... In law, a precedent or authority is a legal case establishing a principle or rule that a court may need to adopt when deciding subsequent cases with similar issues or facts. ... The term unlawful combatant (also unlawful enemy combatant or unprivileged combatant/belligerent) denotes people denied the protection of the Geneva Conventions; those to whom protection is recognised as due are referred to as lawful combatants. ...


It was argued July 29 and July 30, 1942 and decided July 31, 1942 with an extended opinion filed October 29, 1942. July 29 is the 210th day (211th in leap years) of the year in the Gregorian Calendar, with 155 days remaining. ... July 30 is the 211th day (212th in leap years) of the year in the Gregorian calendar, with 154 days remaining. ... Year 1942 (MCMXLII) was a common year starting on Thursday (the link is to a full 1942 calendar). ... July 31 is the 212th day (213th in leap years) of the year in the Gregorian calendar, with 153 days remaining. ... Year 1942 (MCMXLII) was a common year starting on Thursday (the link is to a full 1942 calendar). ... October 29 is the 302nd day of the year (303rd in leap years) in the Gregorian calendar. ... Year 1942 (MCMXLII) was a common year starting on Thursday (the link is to a full 1942 calendar). ...


This decision states:

"…the law of war draws a distinction between the armed forces and the peaceful populations of belligerent nations and also between those who are lawful and unlawful combatants. Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces. Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. The spy who secretly and without uniform passes the military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed not to be entitled to the status of prisoners of war, but to be offenders against the law of war subject to trial and punishment by military tribunals."

Contents

The laws of war (Jus in bello) define the conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning civilians. ... The term unlawful combatant (also unlawful enemy combatant or unprivileged combatant/belligerent) denotes people denied the protection of the Geneva Conventions; those to whom protection is recognised as due are referred to as lawful combatants. ...

Background

Main article: Operation Pastorius

The eight men involved in the case were Ernest Burger, George John Dasch, Herbert Hans Haupt, Heinrich Heinck, Edward Keiling, Herman Neubauer, Richard Quirin and Werner Thiel. Operation Pastorius was a failed Nazi attack on the United States staged in June 1942. ... Colonel Dasch George John Dasch (1903- ) was a German spy and saboteur who landed on American soil during World War II. He helped to destroy Nazi Germany’s espionage program in the United States by defecting to the American cause, but was tried and convicted for treason and espionage. ... Herbert Hans Haupt (b. ...


All were born in Germany and all had lived in the United States. All returned to Germany between 1933 and 1941. After the declaration of war between the United States and the German Reich, they received training at a sabotage school near Berlin, where they were instructed in the use of explosives and in methods of secret writing. Berlin is the capital city and one of the sixteen states of the Federal Republic of Germany. ...


Burger, Dasch, Heinck and Quirin traveled from occupied France by submarine to Long Island, New York, landing in the hours of darkness, on or about June 13, 1942. The remaining four boarded another German submarine, which carried them down the Atlantic coast to Ponte Vedra Beach, Florida. On or about June 17, 1942, they came ashore during the hours of darkness. All eight wore full or partial German uniforms, to ensure treatment as prisoners of war should they be captured on landing. The two groups promptly disposed of uniforms and proceeded in civilian dress to New York City and Jacksonville, Florida, respectively, and from there to other points in the United States. All had received instructions in Germany from an officer of the German High Command to destroy war industries and war facilities in the United States, for which they or their relatives in Germany were to receive salary payments from the German Government. Motto: Travail, famille, patrie (Work, family, country) unoccupied zone of Vichy France (until November 1942) Capital Vichy Language(s) French Religion Roman Catholicism Government Republic President of the Council  - 1940 - 1944 Philippe Pétain Legislature National Assembly Historical era World War II  - Battle of France June 16, 1940  - Battle of... Map showing Long Island; to the north is Connecticut and to the west are New York City and New Jersey. ... NY redirects here. ... June 13 is the 164th day of the year in the Gregorian calendar (165th in leap years), with 201 days remaining. ... Year 1942 (MCMXLII) was a common year starting on Thursday (the link is to a full 1942 calendar). ... Ponte Vedra Beach is a seaside village 20 miles south east of downtown Jacksonville, Florida, near St. ... June 17 is the 168th day of the year in the Gregorian calendar (169th in leap years), with 197 days remaining. ... Year 1942 (MCMXLII) was a common year starting on Thursday (the link is to a full 1942 calendar). ... Geneva Convention definition A prisoner of war (POW) is a soldier, sailor, airman, or marine who is imprisoned by an enemy power during or immediately after an armed conflict. ... New York, NY redirects here. ... Motto: Where Florida Begins Location in the state of Florida Coordinates: Country United States State Florida County Duval Government  - Mayor John Peyton (R) Area  - City  885 sq mi (2,264. ...


Upon landing, two of the Germans (Dasch and Burger) turned themselves in to the Federal Bureau of Investigation (with no small difficulty because, embarrassingly, the FBI refused at first to believe them). They finally convinced the FBI that they were telling the truth and the remaining six were taken into custody in New York or Chicago, Illinois by agents of the FBI. The Federal Bureau of Investigation (FBI) is a federal criminal investigative, intelligence agency, and the primary investigative arm of the United States Department of Justice (DOJ). ... Flag Seal Nickname: The Windy City Motto: Urbs In Horto (Latin: City in a Garden), I Will Location Location in Chicagoland and northern Illinois Coordinates , Government Country State Counties United States Illinois Cook, DuPage Mayor Richard M. Daley (D) Geographical characteristics Area     City 606. ...


Trial

President Franklin D. Roosevelt convened a secret military tribunal on July 2, 1942 which sentenced the eight men to death.[1] The President later commuted the death sentences of Dasch and Burger as they had both confessed and assisted in capturing the others. Indeed, it was Dasch who approached the FBI, offering to turn the men in, which he then did. Burger was part of the plot to turn on the others and cooperated with the FBI extensively. Though all the men confessed, and gave full statements, the remaining six were executed on the electric chair on August 8, 1942 in Washington, D.C. The Court had issued its decision on July 31, 1942, but did not release a full opinion until October 29, 1942. Justice Jackson wrote and circulated a dissent in the case, but it was not published, perhaps because it was deemed necessary for the Court to appear unanimous since some of the appellants had already been executed. The presidential seal was first used in 1880 by President Rutherford B. Hayes and last modified in 1959 by adding the 50th star for Hawaii The President of the United States of America is the head of state and head of government of the United States. ... FDR redirects here. ... July 2 is the 183rd day of the year (184th in leap years) in the Gregorian calendar, with 182 days remaining. ... Year 1942 (MCMXLII) was a common year starting on Thursday (the link is to a full 1942 calendar). ... The electric chair is an execution method in which the person being killed is strapped to a chair and electrocuted through electrodes placed on the body. ... August 8 is the 220th day of the year in the Gregorian calendar (221st in leap years), with 145 days remaining. ... Year 1942 (MCMXLII) was a common year starting on Thursday (the link is to a full 1942 calendar). ... Nickname: DC, The District Motto: Justitia Omnibus (Justice for All) Location of Washington, D.C., in relation to the states Maryland and Virginia Coordinates: Country United States Federal District District of Columbia Government  - Mayor Adrian M. Fenty (D)  - City Council Chairperson: Vincent C. Gray (D) Ward 1: Jim Graham (D... July 31 is the 212th day (213th in leap years) of the year in the Gregorian calendar, with 153 days remaining. ... Year 1942 (MCMXLII) was a common year starting on Thursday (the link is to a full 1942 calendar). ... October 29 is the 302nd day of the year (303rd in leap years) in the Gregorian calendar. ... Year 1942 (MCMXLII) was a common year starting on Thursday (the link is to a full 1942 calendar). ...


Quirin and the Guantanamo Bay Military Commissions

Main article: unlawful combatant

In the days after the Military Order on November 13, 2001 to try suspected terrorists, and particularly those detained at Guantanamo Bay, in Military Commissions, Ex Parte Quirin was frequently cited as the legal basis for the Order. Upon the capture of the Quirin saboteurs, President Roosevelt issued an Executive Order, upon which the Bush Order was putatively modeled, which authorized military commissions to try the captives for, among other things, violations of the law of war, for providing the enemy with intelligence and spying. The term unlawful combatant (also unlawful enemy combatant or unprivileged combatant/belligerent) denotes people denied the protection of the Geneva Conventions; those to whom protection is recognised as due are referred to as lawful combatants. ... This article is becoming very long. ... Detainees upon arrival at Camp X-Ray, January 2002 Guantanamo Bay detainment camp serves as a joint military prison and interrogation camp under the leadership of Joint Task Force Guantanamo (JTF-GTMO) and has occupied a portion of the United States Navys base at Guantanamo Bay, Cuba since 2002. ... Military commissions are among procedures planned by the U.S. Bush administration to deal with detainees it links to al-Qaida. ... An executive order is an edict issued by a member of the executive branch of a government, usually the head of that branch. ... George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ... The laws of war (Jus in bello) define the conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning civilians. ... Intelligence is a property of mind that encompasses many related mental abilities, such as the capacities to reason, plan, solve problems, think abstractly, comprehend ideas and language, and learn. ... Spy and secret agent redirect here; for alternate use, see Spy (disambiguation) and Secret agent (disambiguation). ...


The Quirin decision held that extant legislation authorized the use of Military Commissions for the types of offences in question. While in Quirin there was a declaration of war and three Articles (15,81 and 82) of the Articles of War. President Bush relies on a congressional Joint Resolution, which replaced a formal declaration of war under the War Powers Resolution, and two provisions of the Uniform Code of Military Justice, the successor to the Article of War. President Franklin D. Roosevelt signs a declaration of war against the Empire of Japan on December 8, 1941, one day after the attack on Pearl Harbor. ... The War Powers Act of 1973 (Public Law 93-148) limits the power of the President of the United States to wage war without the approval of Congress. ... The Uniform Code of Military Justice (UCMJ) is the foundation of military law in the United States. ... Articles of War may refer to either of the following: The Royal Navy’s Articles of War during the Napoleonic Wars The United States’ Articles of War, which were the predecessors to the current Uniform Code of Military Justice Category: ...


The validity of this case as a basis for denying prisoners in the War on Terrorism protection by the Geneva Conventions has been disputed.[1][2][3] A report by the American Bar Association commenting on this case, states: This article is about U.S. actions after September 11, 2001. ... Development of the Geneva Conventions from 1864 to 1949. ... American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. ...

The Quirin case, however, does not stand for the proposition that detainees may be held incommunicado and denied access to counsel; the defendants in Quirin were able to seek review and they were represented by counsel. In Quirin, “The question for decision is whether the detention of petitioners for trial by Military Commission ... is in conformity with the laws and Constitution of the United States. “ Quirin, 317 U.S. at 18. Since the Supreme Court has decided that even enemy aliens not lawfully within the United States are entitled to review under the circumstances of Quirin,11 that right could hardly be denied to U. S. citizens and other persons lawfully present in the United States, especially when held without any charges at all.[4]

Since the 1942 Quirin case, the US signed and ratified the 1949 Geneva Conventions, which are, therefore, considered to be a part of U.S. municipal law, in accordance with Article 6, paragraph 2, of the Constitution of the United States.[5] The cases which are currently making their way through the U.S. judicial system should clarify the U.S. administration's domestic legal position and its international treaty obligations.[6] Development of the Geneva Conventions from 1864 to 1949. ...


See also

Holding Suspension of habeas corpus is unconstitutional when civilian courts are still operating; the Constitution provided for suspension of habeas corpus only if civilian courts are actually forced closed. ... Holding U.S. citizens designated as enemy combatants by the Executive Branch have a right to challenge their detainment under the Due Process Clause. ... Holding Military commission to try Plaintiff is illegal and lacking the protections required under the Geneva Conventions and United States Uniform Code of Military Justice. ... Colonel Dasch George John Dasch (1903- ) was a German spy and saboteur who landed on American soil during World War II. He helped to destroy Nazi Germany’s espionage program in the United States by defecting to the American cause, but was tried and convicted for treason and espionage. ...

References

  1. ^ War and the Constitution by George P. Fletcher in The American Prospect Issue Date: 1.1.02 or War and the Constitution and the response The Military Tribunal Debate
  2. ^ Revised ACLU Interested Person's Memo Urging Congress to Reject Power to Detain Suspected Terrorists Indefinitely Without Charge, Trial or a Right to Counsel by ACLU
  3. ^ TERRORISM AND THE RULE OF LAW by Nicholas Cowdery AM QC, President, International Association of Prosecutors Director of Public Prosecutions, NSW, Australia, at International Association of Prosecutors 8th Annual Conference, Washington, D.C. - 10-14 August 2003.
  4. ^ report by the American Bar Association in PDF
  5. ^ Wikisource:Ryuichi Shimoda et al. v. The State#II. Evaluation of the act of bombing according to municipal law Paragraph 2
  6. ^ Supreme Court To Decide On 'Enemy Combatants' by Christopher Dunn in the April 14, 2004 edition of the New York Law Journal.

  Results from FactBites:
 
EX PARTE QUIRIN ET AL (12179 words)
The law of war includes that part of the law of nations which prescribes for the conduct of war the status, rights and duties of enemy nations and of enemy individuals.
Presentment by a grand jury and trial by a jury of the vicinage where the crime was committed were at the time of the adoption of the Constitution familiar parts of the machinery for criminal trials in the civil courts.
From them the Court concluded that Milligan, not being a part of or associated with the armed forces of the enemy, was a non-belligerent, not subject to the law of war save as -- in circumstances found not there to be present, and not involved here -- martial law might be constitutionally established.
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