Johnson v. Eisentrager

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Johnson v. Eisentrager, 339 U.S. 763 (1950), represents a pivotal ruling by the US Supreme Court that determined US courts lacked jurisdiction over German war criminals detained in a US-controlled prison located in Germany, as these individuals were never present on American sovereign territory.

This decision was subsequently narrowed by Braden v. 30th Judicial Circuit Court of Kentucky (1973), which established that jurisdiction hinges on the court’s ability to serve the custodians responsible for detainees. This legal principle influenced the ruling in Rasul v. Bush (2004), where the Court asserted jurisdiction over detainees held at Guantanamo Bay detention camp, citing access to their custodians—the Bush administration officials charged with their confinement.

Facts

The unconditional surrender of the German High Command on May 8, 1945, brought an end to the European Theater of World War II. The individuals were convicted by an American military commission in China for breaching the laws of war by continuing hostile military operations against the United States after Germany’s surrender but prior to Japan’s defeat. They were then relocated to the American-occupied zone in Germany and detained by the US Army.

Contestations against their trial, conviction, and imprisonment argued violations of Articles I and III of the Constitution, the Fifth Amendment, US statutes, and the provisions of the Geneva Conventions. They sought a writ of habeas corpus directed at the Secretary of Defense, Secretary of the Army, and military officers responsible for their custody.

The US government contended:

1. Enemy aliens not residing within the United States have no entitlement to access US courts during wartime.
2. Such foreign nationals apprehended and confined abroad lack habeas corpus rights within US judicial proceedings (referencing Ex parte Quirin).
3. The Constitution does not confer personal security or exemption from military prosecution upon alien enemies engaged in hostile actions against the United States. Although recognizing rights under the Geneva Conventions, the government maintained these do not supersede military jurisdiction.

Decision

The Supreme Court concluded that constitutional safeguards do not apply to enemy aliens actively engaged in hostile service against the United States, underscoring a clear distinction between citizens and enemy aliens. It affirmed that such individuals are not entitled to personal security or protection from military trial under the Constitution. The Court emphasized that jurisdictional authority is contingent upon an alien’s presence within US territory and declined to reevaluate the Military Commission’s determinations or interpretation of war laws, confirming that defendants had been formally charged and informed of their alleged infractions.

Aftermath

Eisentrager along with his 20 co-defendants were released from incarceration prematurely in 1950.

See also

• List of United States Supreme Court cases, volume 339
• List of United States Supreme Court cases by the Vinson Court
• Boumediene v. Bush
• Ex Parte Milligan
• Ex Parte Quirin
• Hamdan v. Rumsfeld
• Hamdi v. Rumsfeld
• Rasul v. Bush
• Rumsfeld v. Padilla