Petitioner, a German citizen confined in the American Zone of Occupied Germany in the custody of the United States Anny, petitioned the United States District Court, District of Columbia for a writ of habeas corpus. The respondents were the Secretary of Defense and others alleged to have directory control over the jailers in Germany. The petitioner had been convicted of war crimes by Military Tribunal IV at Nuremburg, Germany. This tribunal was established by order of General Clay, United States Military Governor and Zone Commander, pursuant to Control Council Law No. 10 which carried out the London Agreement and the Moscow Declaration. The tribunal was composed entirely of Americans and no other nation participated officially in the trial. The District Court dismissed the petition for lack of jurisdiction. On appeal, held, affirmed. Courts of the United States have no jurisdiction to review the findings of other than American civil or military courts. Military Tribunal IV was an international court hence its decision was not subject to review. Flick v. Johnson, (App. D.C. 1949) 174 F. (2d) 983, cert. den. (U.S. 1949) 70 S.Ct. 158.
David S. DeWitt S.Ed.,
INTERNATIONAL LAW-MILITARY TRIBUNALS FOR THE TRIAL OF WAR CRIMINALS AS INTERNATIONAL COURTS,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol48/iss6/21