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On 8 May 1945, Germany unconditionally surrendered obliging all forces under German control to immediately cease hostilities. Twenty one individuals, all German nationals, were tried and convicted by a United States military commission in China for violating the laws of war, namely by continuing to engage in, permitting or ordering military activity against the United States after the surrender of Germany. They were then transferred to a German prison and remained in the custody of the United States Army.

The twenty one individuals, represented by Eisentrager, petitioned the United States District Court for the District of Columbia arguing that their continued detention violated the Constitution of the United States and they demanded a writ of habeas corpus, that is the right to be brought before a Court. The District Court denied the writ arguing that the petitioners were located outside of its jurisdiction. The Court of Appeal of the District of Columbia reversed the decision. In the present decision, the Supreme Court of the United States reversed the decision of the Court of Appeal to hold that foreign enemy nationals, not resident in the United States, have no right to a writ of habeas corpus. 

During the fighting between Indonesia and Malaysia, twelve Malaysian Chinese members of the Indonesian Air Force who were heavily armed, infiltrated into Malaysia (ten by parachute and two by boat). They were arrested, convicted pursuant to Malaysian law and sentenced to death. The Federal Court of Malaysia held that two members were protected pursuant to international law, in particular the Geneva Prisoners of War Convention of 1949. On appeal, the Judicial Committee of the Privy Council decided that they were not protected under the 1949 Geneva Convention because they were nationals of Malaysia (the state that detained them). Therefore, they could be prosecuted under national law for offences against that law.

On 20 October 1965, Osman Bin Haji Mohamed Ali and Harun Bin Said, members of the Indonesian army, were found guilty for the murder of Susie Choo Kay Hoi, Juliet Goh Hwee Kuang and Yasin Bin Kesit. The deaths resulted from an explosion of the MacDonald House in Orchard Street, one of the main streets of Singapore. The accused were sentenced to death.

They appealed the decision by special leave to the Judicial Committee of the Privy Council. The Judicial Committee dismissed the appeal. It held that the appellants were not entitled to the protection generally afforded to army members when captured by the opposing army (protection for prisoners of war). The protection was refused because the appellants had committed acts of sabotage and were dressed in civilian clothes (not in uniform) at the time they planted the explosives and detonated them, as well as when they were arrested.

William Laws Calley Jr. was born on 8 June 1943 in Miami, Florida. Calley was a former army officer in the United States and found guilty of killing hundreds of unarmed, innocent South Vietnamese civilians in the My Lai Massacre on 16 March 1968 which took place during the Vietnam War. After several reductions, Calley’s original sentence of life in prison was turned into an order of house arrest, but after three years, President Nixon reduced his sentence with a presidential pardon.

Hungary joined the Axis powers during World War II, effectively bringing the Hungarian police and the Gendarmerie, a paramilitary police unit, under the control and direction of the German SS. Imre Finta, originally a Hungarian national, was an officer and later a captain in the Hungarian Gendarmerie. In 1944, he was dispatched to Szeged to implement the Baky Order, a decree introduced by the Hungarian Ministry of the Interior calling for the isolation, exporpriation, ghettoization, concentration, entrainment and eventual deportation of all Hungarian Jews. In connection with this order, Finta was allegedly responsible for the detention of 8 617 Hungarian Jews in brickyard, forcibly stripping them of their valuables and deporting them to concentration camps under appalling conditions.

Under new Canadian war crimes legislation, Finta (a Canadian national and resident since 1956) was brought before the Toronto court to stand trial for eight counts of war crimes and crimes against humanity. He was acquitted by a jury and this decision was upheld by a majority of the Court of Appeal of Ontario. The present decision was rendered by the Supreme Court of Canada and constituted the final appeal in the case against Finta. By a narrow margin of 4:3, the appeal was dismissed, as Finta did not possess the necessary mens rea for war crimes and crimes against humanity and the Baky Order, on which he relied, did not appear as manifestly unlawful at the time of its enactment.