The Case of General Yamashita: A Memorandum

In September 1945, Tomoyuki Yamashita, in his capacity as commanding general of the Japanese Fourteenth Army Group in the Philippines, became a prisoner of war of the United States Army Forces and was charged with violations of the law of war. The official charge from the Judge Advocate General’s Department of the Army states that between October 9, 1944 and September 2, 1945, General Yamashita “unlawfully disregarded and failed to discharge his duty as commander to control the operations of the members of his command, permitting them to commit brutal atrocities and other high crimes against people of the United States and of its allies and dependencies, particularly the Philippines.” On December 7, 1945, a military commission found General Yamashita guilty as charged, and sentenced him to death. Yamashita filed a petition for a writ of habeas corpus to the United States Supreme Court, challenging the commission’s lawful authority and jurisdiction to try him. On February 4, 1946 the Court denied the general’s petition, and he was executed shortly thereafter. Read more . . . (Library of Congress Call Number LAW <Japan 9 Yama 1950>; OCLC Number 246656009)

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