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Analysis Of The Quirin And Yamashita And Eisentrager Cases

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During and after World War II, Supreme Court tried many cases that only pertained to wartime crimes and military laws. Of these cases, some violated the rights of American citizens based on ethnicity alone, while others dealt with Nazi spies and saboteurs.
In the Quirin and Yamashita and Eisentrager cases, the Supreme Court ruled that captured enemy prisoners are to be dealt with by the Executive branch. The military has the authority to capture and hold lawful soldiers and war criminals. War criminals and unlawful soldiers can also be punished by the military. In the Quirin case, eight Nazi terrorists where captured. They had entered the U.S. illegally by submarine and had attempted to blend in. Their goal was to commit several terrorist

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...ago to foster better public understanding of the importance of accountability, transparency, and checks-and-balances in the formulation and implementation of national security policy. We have since been at the forefront of advocating for sound, rights-respecting policy prescriptions based on broad public participation and informed discussion. Our staff engages in a spectrum of public education, legislative advocacy, litigation and scholarly activity. ABOUT THE AUTHOR Jonathan Hafetz is Litigation Director of the Liberty and National Security Project at the Brennan Center. He is actively involved in post-9/11 litigation involving detainee rights and other national security issues, and is lead counsel in several leading detention cases. An expert on habeas corpus, Mr. Hafetz has authored numerous scholarly and popular articles on the subject and frequently serves as an expert commentator. He is writing a book on post-9/11 detentions to be published by NYU Press. He can be contacted at: jonathan.hafetz@nyu.edu. © 2007 This paper is covered by the Creative Commons “Attribution-No . Derivs-NonCommercial”...

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