Military Lawyer
The court in this case observed that, “The phrase “law of war” in statute providing that conferring of jurisdiction upon courts-martial shall not be construed as depriving military commissions, provost courts, or other military tribunals of concurrent jurisdiction of offenders or offenses that by the law of war may be lawfully triable by such commissions, provost courts, or other military tribunals, includes at least that part of the law of nations which defines powers and duties of belligerent powers occupying enemy territory pending establishment of civil government.”
Again the court in this case observed that, “The United States Military Government Courts in Germany in 1949 were vested with jurisdiction to enforce German Criminal Code in relation to civilians accompanying military personnel to Germany .”
The court made a further observation in this case that, “The authority for military commissions does not necessarily expire upon cessation of hostilities or even, for all purposes, with a treaty of peace, but may continue long enough to permit occupying power to discharge its responsibilities fully, and therefore constitutional authority for trial of civilian dependent wife of officer of United States Armed Forces for the murder of such officer on October 20, 1949, by military commission did not expire by reason that occupation statute took effect September 21, 1949, Uniform Code of Military Justice, art. 21, 50 U.S.C.A. § 581; Executive Order No. 10062, 22 U.S.C.A. § 901 note.
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