Wilson v. Girad

Facts

A Japanese woman was wounded during a military exercise in Japan by Girad (D), who was a Specialist Third Class in the United States Army. A security treaty between Japan and the United States authorized the making of administrative agreements between the two governments concerning the conditions that would govern the disposition of the United States Armed Forces in Japan. The agreement stipulated that the United States was at liberty to waive its jurisdiction over offenses committed in Japan by members of its armed forces. The two countries subsequently entered into another protocol agreement in pursuant to the NATO agreement. It authorized that in criminal cases where the right to jurisdiction is concurrent, the military authorities of the United States would have the primary right to exercise jurisdiction over members of the armed forces for offenses arising out of any act or omission done in the performance of official duty. Since Girad (D) act was done in the performance of official duty which gave the U.S. jurisdiction, the United States (P) claimed it had the right to try Girad (D). Japan countered this on the ground that Girad’s (D) action was not within the scope of his official duty and therefore it had the primary right of jurisdiction. The U.S. ultimately waived whatever jurisdiction it might have. A writ of habeas corpus sought by Girad (D) was denied but he was granted an injunction against delivery to the Japanese authorities. Wilson (P), Secretary of Defense, appealed.