Penn State International Law Review Volume 23 Article 10 Number 1 Penn State International Law Review 9-1-2004 A Most Certain Tragedy, but Reason Enough to Side-Step the Constitution and Values of the United States David R. Chludzinski Follow this and additional works at: http://elibrary.law.psu.edu/psilr Recommended Citation Chludzinski, David R. (2004) "A Most Certain Tragedy, but Reason Enough to Side-Step the Constitution and Values of the United States," Penn State International Law Review: Vol. 23: No. 1, Article 10. Available at: http://elibrary.law.psu.edu/psilr/vol23/iss1/10 This Comment is brought to you for free and open access by Penn State Law eLibrary. It has been accepted for inclusion in Penn State International Law Review by an authorized administrator of Penn State Law eLibrary. For more information, please contact
[email protected]. A Most Certain Tragedy, but Reason Enough to Side-Step the Constitution and Values of the United States? David R. Chludzinski* I. Introduction Twenty-five years ago, in the midst of a bloody Cold War that pitted communism against democracy, two East German citizens hijacked a Polish airliner at gunpoint and diverted it to the sector of West Berlin, then occupied and operated by the United States.' These East Germans were eventually captured by the U.S. and held as detainees in a military area also occupied and operated by the U.S. 2 Although these East Germans violated the law by hijacking an airliner at gunpoint,3 the United States Court for Berlin held, in United States v.