page_title: Tomoyuki Yamashita
section_title: Trial
hierarchical_section_title: Tomoyuki Yamashita / Trial
caption_attribution_description: English: General Tomoyuki Yamashita just after he heard the verdict of death by hanging. He was taken out of the courtroom by military police.
context_page_description: Tomoyuki Yamashita was a Japanese general of the Imperial Japanese Army during World War II. Yamashita led Japanese forces during the invasion of Malaya and Battle of Singapore, with his accomplishment of conquering Malaya and Singapore in 70 days earning him the sobriquet "The Tiger of Malaya" and led to the British Prime Minister Winston Churchill calling the ignominious fall of Singapore to Japan the "worst disaster" and "largest capitulation" in British military history.
  Yamashita was assigned to defend the Philippines from the advancing Allied forces later in the war, and while unable to prevent the Allied advance, he was able to hold on to part of Luzon until after the formal Surrender of Japan in August 1945.
  After the war, Yamashita was tried for war crimes committed by troops under his command during the Japanese defense of the occupied Philippines in 1944. In a controversial trial, Yamashita was found guilty of his troops' atrocities even though there was no evidence that he approved or even knew of them, and indeed many of the atrocities were committed by troops not actually under his command. Yamashita was sentenced to death and executed by hanging in 1946.
context_section_description: From 29 October to 7 December 1945, an American military tribunal in Manila tried General Yamashita for war crimes relating to the Manila massacre and many atrocities in the Philippines against civilians and prisoners of war, and sentenced him to death. This controversial case has become a precedent regarding the command responsibility for war crimes and is known as the Yamashita Standard.
  The principal accusation against Yamashita was that he had failed in his duty as commander of Japanese forces in the Philippines to prevent them from committing atrocities. The defense acknowledged that atrocities had been committed but contended that the breakdown of communications and the Japanese chain of command in the chaotic battle of the second Philippines campaign was such that Yamashita could not have controlled his troops even if he had known of their actions, which was not certain in any case; furthermore, many of the atrocities had been committed by Japanese naval forces outside his command.
  American lawyer Harry E. Clarke, Sr., a colonel in the United States Army at the time, served as the chief counsel for the defense. In his opening statement, Clarke asserted:
  The Accused is not charged with having done something or having failed to do something, but solely with having been something...American jurisprudence recognizes no such principle so far as its own military personnel are concerned...No one would even suggest that the Commanding General of an American occupational force becomes a criminal every time an American soldier violates the law...one man is not held to answer for the crime of another.
  For his part Yamashita denied he had knowledge of the crimes committed by his men, and claimed that he would have harshly punished them if he had had that knowledge. Further, he argued that with an army as large as his, there was no way for him to control all actions by all his subordinates. As such he felt what he was really being charged with was losing the war:
  My command was as big as MacArthur's or Lord Louis Mountbatten's. How could I tell if some of my soldiers misbehaved themselves? It was impossible for any man in my position to control every action of his subordinate commanders, let alone the deeds of individual soldiers. The charges are completely new to me. If they had happened, and I had known about them, I would have punished the wrongdoers severely. But in war someone has to lose. What I am really being charged with is losing the war. It could have happened to General MacArthur, you know.
  The court found Yamashita guilty as charged and sentenced him to death. Clarke appealed the sentence to General MacArthur, who upheld it. He then appealed to the Supreme Court of the Philippines and the Supreme Court of the United States, both of which declined to review the verdict.
  In dissent from the Supreme Court of the United States's majority, Justice W.B. Rutledge wrote:
  More is at stake than General Yamashita's fate. There could be no possible sympathy for him if he is guilty of the atrocities for which his death is sought. But there can be and should be justice administered according to the law. ... It is not too early, it is never too early, for the nation steadfastly to follow its great constitutional traditions, none older or more universally protective against unbridled power than due process of law in the trial and punishment of men, that is, of all men, whether citizens, aliens, alien enemies or enemy belligerents.
  — W.B. Rutledge
  The legitimacy of the hasty trial was questioned at the time, including by Justice Frank Murphy, who protested various procedural issues, the inclusion of hearsay evidence, and the general lack of professional conduct by the prosecuting officers. Evidence that Yamashita did not have ultimate command responsibility over all military units in the Philippines was not admitted in court.
  Former war crimes prosecutor Allan A. Ryan has argued that by order of General MacArthur and five other generals, and the Supreme Court of the United States, Yamashita was executed for what his soldiers did w
caption: Yamashita is removed from the courtroom by military police immediately after hearing the verdict of death by hanging
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