Ex parte Quirin

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Ex parte Quirin (1942), an exception to Milligan because Congress had declared war, upheld the use of military tribunals for "illegal combatants".


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]



External link

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