S. armed forces. 339 U.S. 763, 782 (1950).
The Court examined the issue of whether the military authorities had jurisdiction to try the offenders. It reasoned that military authorities have had a historical right, during and after hostilities, to punish those who have violated the laws of war, and this history predates the existence of the United States, and therefore, the existence of the Constitution. Respondents' convictions were the result of a military commission exercising this historic right, and it was the military commission's sole ability to determine whether the laws of war applied to Respondents and whether Respondents had violated those laws. There is nothing in the Constitution giving the Court appellate jurisdiction over these types of military commission trials.
In fact, the Court went so far as to look into the Geneva Convention and whether it would bar this type of military commission, though the Court did not have to do so. Having already determined that the federal judiciary did not have jurisdiction over the issue, the Court was free to ignore the Geneva Convention issues. However, the Court determined that the requirement that notice of trial of prisoners of war be given to the protecting power was inapplicable to trial for war crimes committed before capture, as was the provision that prisoners of war be tried by the same courts as persons belonging to the armed forces of the detaining power. In other...
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