Race and War Crimes: The 1945 War Crimes Trial of General Tomoyuki Yamashita
In: Human rights quarterly: a comparative and international journal of the social sciences, humanities, and law, Band 14, Heft 3, S. 303-338
ISSN: 0275-0392
An examination of the war crimes trial of Japanese General Tomoyuki Yamashita, commander of Japanese forces in the Philippines during WWII. The charge of command responsibility allowed the US military tribunal to convict Yamashita without demonstration of culpability on his part, theorizing that, by virtue of his position as commander, he was responsible for all acts committed by any of his troops. Following background data on the sociopolitical setting (ie, fear of the "Yellow Peril") during WWII, the trial process is explored, including designation of the case to the Supreme Court of the Philippines &, ultimately, to the US Supreme Court. It is contended that, as a result of condoning the command responsibility theory, & because of the influence of racial prejudice, the US hanged Yamashita, who in fact had done everything he could to prevent war atrocities. Also discussed is the trial of Admiral Soemu Toyoda, Japan's highest-ranking naval officer, who was charged with the identical war crimes, & whose testimony at Yamashita's trial revealed that Yamashita was not in command of the force that committed the atrocities for which he was hanged. S. Millett