Ex Parte Quirin
Ex Parte Quirin refers to a significant U.S. Supreme Court case that took place during World War II, which addressed the legal status of German saboteurs. In this case, seven German nationals, captured while attempting to carry out sabotage missions in the United States, were tried by a specially established military commission. The Supreme Court, in a unanimous decision led by Chief Justice Harlan Fiske Stone, upheld the commission's authority and the convictions of the saboteurs, differentiating their status from that of a U.S. citizen like those in the earlier Ex parte Milligan case, which had limited military jurisdiction over civilians during wartime. The Court ruled that the saboteurs were "enemy belligerents," thus not entitled to the same protections under U.S. law as American citizens. As a result, the decision paved the way for the swift execution of six of the convicted individuals. This case highlights the complexities of legal rights during wartime and the tension between national security and civil liberties. It remains a critical reference point in discussions about military justice and the treatment of non-citizen combatants.
Ex Parte Quirin
Date: July 31, 1942
Citation: 317 U.S. 1
Issue:Habeas corpus
Significance: During World War II, the Supreme Court allowed the execution of German saboteurs who had been convicted by a military court.
Chief Justice Harlan Fiske Stone wrote the unanimous decision of the Supreme Court, upholding a specially established military commission’s conviction and execution of seven German saboteurs. Ex parte Milligan (1866) had held that military commissions could not be used if the civilian courts were functioning, but Milligan, unlike the saboteurs, was a U.S. citizen never declared to be an “enemy belligerent.” Therefore, the Court refused to grant the seven saboteurs’ request for a writ of habeas corpus, upheld their conviction for uncodified international law violations and the congressional articles of war, and opened the way for execution of six of the men about a week later.
