354 U.S. 524 (1957)
During a unit exercise at a camp range area in Japan a U.S. soldier caused the death of a Japanese civilian. Pursuant to Administrative Agreement, Feb. 28, 1952, U.S.-Japan, art. XVII, para. 1, 3 U.S. Treaties and Other International Agreements 3341; T.I.A.S. No. 2492, as amended by Protocol Agreement, Sept. 29, 1953, U.S.-Japan, 4 U.S. Treaties and Other International Agreements 1846; T.I.A.S. No. 2848, the U.S. waived its jurisdiction so that Japan could try the soldier. The district court denied the soldier's petition for a writ of habeas corpus but issued an injunction prohibiting government officials from delivering the soldier to Japan.
- On certiorari, the court reversed the order granting the injunction, affirmed the denial of the writ of habeas corpus, and held as follows:
- The Senate ratified Security Treaty, Sept. 8, 1951, U.S.-Japan, 3 U.S. Treaties and Other International Agreements 3329; T.I.A.S. No. 2491, which authorized the Administrative Agreement.
- Because art. XVII, par. 1 of the Agreement as applied did not violate the U.S. Constitution or any statute, the decision to waive jurisdiction was exclusively for the executive or legislative branches of the government.
The court granted certiorari, reversed the lower court's order enjoining the officials from delivering a soldier to Japan, and affirmed the order denying the soldier's petition for a writ of habeas corpus.
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