Cameron Miranda
The laws of war are a complex and controversial topic. There are many examples of governments undermining citizens' legal rights during times of war, including the internment of Japanese Americans during World War II, which was a blatant violation of the habeas provision in the Constitution. In this context, it is important to consider the extent of executive power and the question of when, if ever, it is acceptable for governments to break the law.
| Characteristics | Values |
|---|---|
| Instances where the law has been broken in wartime | Internment of Japanese Americans during World War II |
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What You'll Learn
The internment of Japanese Americans during World War II
It is never okay to break the law, even in wartime. However, there are instances in history where governments have done so, and the internment of Japanese Americans during World War II is one such example.
There was no factual basis for any argument that the needs of national security required the displacement and incarceration of Japanese Americans. Despite this, the government proceeded with the internment, highlighting the fragility of citizens' rights during times of war. This serves as a stark reminder that even in democratic societies, the rule of law can be compromised when national security is perceived to be at stake.
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The suspension of habeas corpus
During the American Civil War, President Lincoln controversially suspended habeas corpus in Maryland in 1861. This allowed him to try large numbers of civilian rioters in military courts and prevent the movement of Confederate troops on Washington. Lincoln argued that acts that might be illegal in peacetime might be necessary “in cases of rebellion”, when the nation’s survival was at stake.
The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War. It began in the House of Representatives as an indemnity bill, introduced on December 5, 1862, releasing the president and his subordinates from any liability for having suspended habeas corpus without congressional approval.
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The treatment of rebel prisoners during the American Revolutionary War
During the American Revolutionary War, the British tried to behave legally in their treatment of rebel prisoners held on English soil. However, the federal government undermined its citizens' legal rights during times of war. This included the internment of Japanese Americans during World War II, which was a blatant violation of the habeas provision in the Constitution.
The Constitution of the United States is meant to be a law for rulers and people, equally in war and in peace, protecting all classes of people at all times and under all circumstances. However, during times of war, the government has the power to suspend certain legal rights, such as the right against unlawful imprisonment, as seen during the American Revolutionary War and the War on Terror.
During the American Civil War, President Lincoln claimed the suspension of legal rights on his own, recognising that the government could not simply detain persons who were protected by domestic law. He believed a suspension was necessary to detain Confederate soldiers outside the criminal process. This set a precedent for the suspension of legal rights during times of war, which continued through the 20th century with the internment of Japanese Americans during World War II.
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The detention of Confederate soldiers during the Civil War
During the Civil War, President Lincoln famously claimed the mantle of suspension on his own, and argued that the government could not simply detain persons who were protected by domestic law. He believed a suspension was constitutionally necessary to detain Confederate soldiers outside the criminal process. Prison camps during the Civil War were potentially more dangerous and more terrifying than the battles themselves. A soldier who survived his ordeal in a camp often bore deep psychological scars and physical maladies that may or may not have healed in time. As many as 674,000 men might have been taken prisoner during the Civil War. At first, prisoners were paroled or exchanged, but this mostly ended in early 1864. Union officials thought that released Confederates would return to the military. Over 400,000 men were held in prisons in the north and south until the end of the war in April 1865. An estimated 56,000 died in prison – 30,000 in Confederate prisons and 26,000 in Union prisons. There were as many as 150 prisons, small and large, through the north and the south. Death rates ranged from 20 to 30 per cent, North and South, with the highest death rate occurring at Camp Douglas in Chicago. At its peak, over 20,000 Confederate soldiers occupied Point Lookout at any given time, more than double its intended occupancy. By the time the Civil War ended, more than 52,000 prisoners had passed through Point Lookout, with upwards of 4,000 succumbing to various illnesses brought on by overcrowding, bad sanitation, exposure, and soiled water. Many Southern prisons were located in regions with high disease rates, and were routinely short of medicine, doctors, food and ice. Northerners often believed their men were being deliberately weakened and killed in Confederate prisons, and demanded that conditions in Northern prisons be equally harsh, even though shortages were not a problem in the North. About 56,000 soldiers died in prisons during the war, accounting for almost 10 per cent of all Civil War fatalities. During a period of 14 months in Camp Sumter, located near Andersonville, Georgia, 13,000 (28 per cent) of the 45,000 Union soldiers confined there died.
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The blockading of Cuban ports during the Spanish-American War
It is never 'ok' to break the law, but there are times when the law can be bent or ignored. During times of war, governments have been known to undermine their citizens' legal rights. For example, during World War II, the US government incarcerated Japanese Americans, which was a blatant violation of the habeas provision in the Constitution.
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Frequently asked questions
No, but governments have done so in the past. For example, during World War II, the US government interned Japanese American citizens, which was a violation of the habeas provision in the Constitution.
The law of war states that combatants who break specific provisions of the laws of war are termed unlawful combatants.
During the American Revolutionary War, the British tried to behave legally in their treatment of rebel prisoners held on English soil. However, during the Civil War, President Lincoln claimed the mantle of suspension, which was wrong as it allowed the government to detain persons who were protected by domestic law.
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