Ex parte Quirin
From dKosopedia
Category: Supreme Court decisions
Ex parte Quirin (1942), an exception to Milligan because Congress had declared war, upheld the use of military tribunals for "illegal combatants".
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History and Appeals
Selected excerpts (awaiting larger article on this):
“Citizenship in the United States of an enemy belligerent does not relieve him from the consequences of a belligerency which is unlawful because in violation of the law of war. Citizens who associate themselves with the military arm of the enemy government, and with its aid, [317 U.S. 1, 38] guidance and direction enter this country bent on hostile acts are enemy belligerents within the meaning of the Hague Convention and the law of war.”[1]
The Broader Implications of Ex parte Quirin
James B. Staab, "`With the Stroke of a Pen': President Bush Cannot Unilaterally Establish Military Commissions", Journal of the Institute of Justice and International Studies: Papers from the March 2003 Counter-Terrorism & Civil Liberties Conference, Central Missouri State University, 3, pp. 53-65 [as numbered]. ISSN 1-538-7909. [2]
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