Belligerent - Judgments

Jul 31 1942 (FN)

Ex Parte Quirin

Court: US Supreme Court

Decided on: Jul-31-1942

..... into armed forces and peaceful population and paragraph 9 names as distinguishing characteristics of lawful belligerents that they carry arms openly and have a fixed distinctive emblem paragraph 348 declares ..... whether the president is compelled by the articles of war to afford unlawful enemy belligerents a trial before subjecting them to disciplinary measures their contention is that if congress .....

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1813

Livingston and Gilchrist Vs. Maryland Insurance Company

Court: US Supreme Court

Decided on: Jan-01-1813

..... in the united states but capture will always be made on suspicion of what the belligerent construes to be cause of forfeiture and capture authorizes abandonment such acts or omissions therefore ..... question of the neutral or hostile character of the ostensible owner the trade between the belligerent mother country and its colony affects with condemnation the property engaged in it although such .....

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1815

The Nereide

Court: US Supreme Court

Decided on: Jan-01-1815

..... can only be sustained on the ground of its obstructing the exercise of some belligerent right what belligerent right does it interfere with not the right of search for that has relation ..... intrinsic intricacy which should perplex the understanding the remaining point is of a different character belligerent rights and neutral privileges are set in array against each other their respective pretensions .....

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1818

The Atalanta

Court: US Supreme Court

Decided on: Jan-01-1818

..... with him if resistance arming convoying capturing be the acknowledged attributes and characteristics of the belligerent then deprive him of these attributes and you reduce him to a state of neutrality ..... the hostile character without any of the rights which that character confers upon him what belligerent could ever be induced to engage in the transportation of neutral goods if the consequence .....

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1862

Prize Cases

Court: US Supreme Court

Decided on: Jan-01-1862

..... meaning of the law of nations which carries with it belligerent rights and thus change the country and all its citizens from ..... sovereign states a war may exist where one of the belligerents claims sovereign rights as against the other insurrection against a ..... claimed and held in possession by an organized hostile and belligerent power all persons residing within this territory whose property may .....

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1865

The Bermuda

Court: US Supreme Court

Decided on: Jan-01-1865

..... is entitled to protection in all courts neutrals in their own country may sell to belligerents whatever belligerents choose to buy the principal exceptions to this rule are that neutrals must not ..... contraband of war or conveyed with intent to violate a blockade neutrals may transport to belligerents whatever belligerents may agree to take and so again neutrals may convey in neutral ships from .....

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1878

Ford Vs. Surget

Court: US Supreme Court

Decided on: Jan-01-1878

..... in the interest of humanity and to prevent the cruelties of reprisals and retaliation such belligerent rights as belonged under the laws of nations to the armies of independent governments engaged ..... justice clifford concurred in the judgment of the court and delivered the following opinion parties belligerent in a public war are independent nations but it is not necessary that both parties .....

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Feb 04 1946 (FN)

In Re Yamashita

Court: US Supreme Court

Decided on: Feb-04-1946

..... prisoners who have been retaken or prisoners who have attempted to escape article 52 provides belligerents shall see that the competent authorities exercise the greatest leniency in deciding the question ..... only for the next war for purposes of military security and enemy aliens including belligerents need the attenuated protections our system extends to them more now than before hostilities .....

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1814

The Venus

Court: US Supreme Court

Decided on: Jan-01-1814

..... exposed himself could not prevail to protect his property against the belligerent rights of his own country and to save it from ..... to confiscation though applied to a neutral not residing in the belligerent country clearly discriminates in a case of capture between the ..... of war when the original seizure was converted into a belligerent capture for until that declaration was known a person whose .....

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Nov 04 1918 (FN)

Watts, Watts and Co., Ltd. Vs. Unione Austriaca

Court: US Supreme Court

Decided on: Nov-04-1918

..... court declined to proceed because of prohibitions placed by the belligerent countries on payment of debts to each other s subjects ..... its jurisdictional page 248 u s 20 power between alien belligerents to require the transfer by process of judgment and execution ..... alleged was prohibited alike by the municipal law of both belligerents the libelant replied that performance of the contract by respondent .....

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