Japanese WW2 general Tomoyuki Yamashita was hanged Feb. 23, 1946 in The Philippines for alleged war crimes. While soldiers under his command did commit some war crimes in China, Malaya, & the Philippines, he vehemently denied any knowledge of them. He reminded the court that he had a command as large as MacArthur's or Lord Mountbatten's, & could not account for the actions of every one of more than 250 K men.
Not one man, nor officer under his command attributed any criminal order to him, and such acts were not consistent to his personal beliefs.
The American lawyer who defended him, Col. Harry E. Clarke Sr. reminded the court that men under the command of MacArthur, Mountbatten, & other senior Allied commanders, had committed war crimes & atrocities, but their commanders were not held liable, & that Yamashita had no history of ordering, condoning, or ignoring such acts, & that his history of conducting the attempted defense of the Philippines showed no such actions. Rear Adm. Sanji Iwabuchi carried out a defense of part of Manila, causing the deaths of many Filipino civilians, but he was not under yamashita's command. (Y did not intend to try to defend Manila.)
However, the tribunal found Y guilty & condemned him to death. Clark protested that he'd actually been found guilty of being a senior enemy commander for the losing side, & not anything worthy of even inprisonment, let alone, death. Clarke continued appealing to every possible authority for clemency or pardon, as he sincerely believed in Y's innocence, but all in vain.
This conviction and execution set a precedent of holding a commander accountable for his/her mens' criminal conduct, even if the commander had no knowledge of such acts til after the fact, & even if he'd moved to punish the offenders. This is known as the "Yamashita Standard" & is still used in the Geneva Conventions & the International Tribune. It was applied in the trials of commanders in the Balkan wars involving the parts of the old Yugoslavia & Serbia.
It appears that the Yamashita affair & the precedent it set are all part of taking revenge !
Not one man, nor officer under his command attributed any criminal order to him, and such acts were not consistent to his personal beliefs.
The American lawyer who defended him, Col. Harry E. Clarke Sr. reminded the court that men under the command of MacArthur, Mountbatten, & other senior Allied commanders, had committed war crimes & atrocities, but their commanders were not held liable, & that Yamashita had no history of ordering, condoning, or ignoring such acts, & that his history of conducting the attempted defense of the Philippines showed no such actions. Rear Adm. Sanji Iwabuchi carried out a defense of part of Manila, causing the deaths of many Filipino civilians, but he was not under yamashita's command. (Y did not intend to try to defend Manila.)
However, the tribunal found Y guilty & condemned him to death. Clark protested that he'd actually been found guilty of being a senior enemy commander for the losing side, & not anything worthy of even inprisonment, let alone, death. Clarke continued appealing to every possible authority for clemency or pardon, as he sincerely believed in Y's innocence, but all in vain.
This conviction and execution set a precedent of holding a commander accountable for his/her mens' criminal conduct, even if the commander had no knowledge of such acts til after the fact, & even if he'd moved to punish the offenders. This is known as the "Yamashita Standard" & is still used in the Geneva Conventions & the International Tribune. It was applied in the trials of commanders in the Balkan wars involving the parts of the old Yugoslavia & Serbia.
It appears that the Yamashita affair & the precedent it set are all part of taking revenge !