Holmes v. Laird

Abstract

International law in general — Relation to municipal law — Treaties — Status — Treaties and the Constitution — Duty of Executive to observe Constitution in performance and conclusion of treaties — The law of the United States

The individual in international law — Extradition — Conditions of extradition — Surrender of United States citizen required by treaty for purpose of foreign criminal proceedings — Whether impaired by absence in foreign judicial system of safeguards in all respects equivalent to those constitutionally enjoyed on American trials — The law of the United States

Treaties — Conclusion and operation of treaties — Operation and enforcement — The supremacy of the Constitution over treaties and executive augmentations — Constitutional requirements must be observed in the performance as well as in the conclusion of international compacts — The law of the United States

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — United States servicemen convicted by West German court for offences in West Germany against a West German national — Servicemen returning to United States — Whether obligation on the United States to return the servicemen to West Germany for service of their sentences — Whether a United States court had jurisdiction to enjoin surrender — NATO Status of Forces Agreement 1951 — The law of the United States