Congress, by adoption of Article of War providing that jurisdiction conferred upon courts martial should not be construed as depriving military commissions, of concurrent jurisdiction of offenders which by law of war are triable by such commissions, adopted the system of military common law applied by military tribunals so far as it should be recognized and deemed applicable by the courts and as further defined and supplemented by the Hague Convention. Articles of War, art. 15, 10 U.S.C.A. § 1486.
The trial and punishment of an enemy combatant who has committed violations of the law of war is not only a part of conduct of war, but also is an exercise of authority sanctioned by Congress to administer system of military justice recognized by law of war which sanction is without qualification as to exercise of authority so long as a state of war exists, form its declaration until peace is proclaimed. Articles of War, arts. 2, 15, 10 U.S.C.A. §§ 1473, 1486; Proclamation July 2, 1942, No. 2561, 10 U.S.C.A. § 1554 note; U.S.C.A. Const. art. 1, § 8, cl. 10.
The war power, from which military commission derives its existence, is not limited to victories in the field, but carries with it inherent power to guard against immediate renewal of conflict and to remedy, at least in ways Congress has recognized, evils which military operations have produced. Articles of War, arts. 2, 15, 10 U.S.C.A. §§ 1473, 1486; U.S.C.A. Const. art. 1, § 8.
The mere fact that hostilities have ceased does not preclude the trial of offenders against the law of war before a military commission, at least until peace has been officially recognized by treaty or proclamation of the political branch of the government. Articles of War, art. 15, 10 U.S.C.A. § 1486; U.S.C.A. Const. art. 1, § 8, cl. 10.
Motion for leave to file petition for writ of habeas corpus and writ of prohibition and petition for writ of habeas corpus and writ of prohibition.
On petition for a writ of certiorari to the Supreme Court of the Commonwealth of the Philippines.
Mr. Chief Justice STONE delivered the opinion of the Court.
No. 61 Miscellaneous is an application for leave to file a petition for writs of habeas corpus and prohibition in this Court. No. 672 is a petition for certiorari to review an order of the Supreme Court of the Commonwealth of the Philippines (28 U.S.C. § 349, 28 U.S.C.A. § 349), denying petitioner's application to that court for writs of habeas corpus and prohibition. As both applications raise substantially like questions, and because of the importance and novelty of some of those presented, we set the two applications down for ral argument as one case.
From the petitions and supporting papers it appears that prior to September 3, 1945, petitioner was the Commanding General of the Fourteenth Army Group of the Imperial Japanese Army in the Philippine Islands. On that date he surrendered to and became a prisoner of war of the United States Army Forces in Baguio, Philippine Islands. On September 25th, by order of respondent, Lieutenant General Wilhelm D. Styer, Commanding General of the United States Army Forces, Western Pacific, which command embraces the Philippine Islands, petitioner was served with a charge prepared by the Judge Advocate General's Department of the Army, purporting to charge petitioner with a violation of the law of war. On October 8, 1945, petitioner, after pleading not guilty to the charge, was held for trial before a military commission of five Army officers appointed by order of General Styer. The order appointed six Army officers, all lawyers, as defense counsel. Throughout the proceedings which followed, including those before this Court, defense counsel have demonstrated their professional skill and resourcefulness and their proper zeal for the defense with which they were charged.
On the same date a bill of particulars was filed by the prosecution, and the commission heard a motion made in petitioner's behalf to dismiss the charge on the ground that it failed to state a violation of the law of war. On October 29th the commission was reconvened, a supplemental bill of particulars was filed, and the motion to dismiss was denied. The trial then proceeded until its conclusion on December 7, 1945, the commission hearing two hundred and eighty-six witnesses, who gave over three thousand pages of testimony. On that date petitioner was found guilty of the offense as charged and sentenced to death by hanging.