Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces. through coastal or boundary defenses, and are charged with committing or attempting or preparing to commit sabotage, espionage, hostile or warlike acts, or violations of the law of war, shall be subject to the law of war and to the jurisdiction of military tribunals.” īy universal agreement and practice, 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. On the same day, by Proclamation, the President declared that “all persons who are subjects, citizens or residents of any nation at war with the United States or who give obedience to or act under the direction of any such nation, and who during time of war enter or attempt to enter the United States. The President, as President and Commander in Chief of the Army and Navy, by Order of July 2, 1942, appointed a Military Commission and directed it to try petitioners for offenses against the law of war and the Articles of War. Īll 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. Immediately after landing they buried their uniforms and the other articles mentioned, and proceeded in civilian dress to New York City. While landing they wore German Marine Infantry uniforms or parts of uniforms. The four were there landed from the submarine in the hours of darkness carrying with them a supply of explosives, fuses, and incendiary and timing devices. Thereafter petitioners boarded a German submarine which proceeded across the Atlantic to New York. Īfter the declaration of war between the United States and the German Reich, petitioners received training at a sabotage school near Berlin, Germany, where they were instructed in the use of explosives and in methods of secret writing. The Government, however, takes the position that on attaining his majority he elected to maintain German allegiance and citizenship, or in any case that he has by his conduct renounced or abandoned his United States citizenship. Haupt came to this country with his parents when he was five years old it is contended that he became a citizen of the United States by virtue of the naturalization of his parents during his minority and that he has not since lost his citizenship. All except petitioner Haupt are admittedly citizens of the German Reich, with which the United States is at war. Īll the petitioners were born in Germany all have lived in the United States.
![ex parte quiri. ex parte quiri.](https://historyrat.files.wordpress.com/2013/05/haupt-girlfriend.jpg)
CHIEF JUSTICE STONE delivered the opinion of the Court. Similarly, in some of the texts used in the case studies, the facts may not always be proven nevertheless, they have been selected because they highlight interesting IHL issues and are thus published for didactic purposes. They are nevertheless worthy of discussion, if only to raise a challenge to display more humanity in armed conflicts. As per the disclaimer, neither the ICRC nor the authors can be identified with the opinions expressed in the Cases and Documents. Some cases even come to solutions that clearly violate IHL.