Suvarna Garge (Editor)

Hirota v. MacArthur

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Concurrence
  
Douglas

End date
  
1948

Dissent
  
Murphy

Full case name
  
Koki Hirota v. General of the Army Douglas MacArthur, et al.

Citations
  
338 U.S. 197 (more) 69 S.Ct. 197; 93 L.Ed. 1902

Similar
  
Ex parte Quirin, Rasul v Bush, Ex parte Milligan, Hamdi v Rumsfeld, Boumediene v Bush

Hirota v. MacArthur, 338 U.S. 197 (1948), was a decision by the Supreme Court of the United States, which held that “the courts of the United States have no power or authority to review, to affirm, set aside or annul the judgments and sentences imposed on these petitioners [by the International Military Tribunal for the Far East] and for this reason the motions for leave to file petitions for writs of habeas corpus are denied”.

The appeal to the U.S. Supreme Court was made following the death sentence against Koki Hirota and six other Japanese leaders tried for war crimes.

Legacy

In March 2008, the U.S. government cited Hirota v. MacArthur as "directly applicable" in Munaf v. Geren, 553 U.S. 674 (2008), in which it argued before the Supreme Court that U.S. federal courts lacked jurisdiction over two U.S. citizens being held by the military in Iraq and thus could not review their petitions for habeas corpus.

References

Hirota v. MacArthur Wikipedia