The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of federal courts to review their proceedings has become acute, especially since these courts alone can provide judicial review. It has long been settled that courts can review the proceedings of military tribunals, on habeas corpus, to determine whether the tribunal acted within its jurisdiction. The problem here rather involves federal jurisdiction to grant habeas corpus when the petitioner is not physically confined within the territorial jurisdiction of the court.
Willis B. Snell S. Ed.,
HABEAS CORPUS-JURISDICTION OF FEDERAL COURTS TO REVIEW JURISDICTION OF MILITARY TRIBUNALS WHEN THE PRISONER IS PHYSICALLY CONFINED OUTSIDE THE UNITED STATES,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol49/iss6/32