The trial of US vs. Tomoyuki Yamashita and his significance for the concept of superior responsibility

Abstract

The article discusses aspects of the American postwar trial of Japanese General Tomoyuki Yamashita, including the review of the original decision by the constitutional courts of the Philippines and the United States. Special attention is paid to the issue of the superior's omissive responsibility for the crimes of subordinate soldiers, which was at the center of this process.

The contemporary political and social situation, which influenced the course of the proceedings and its outcome, is also analyzed.

Keywords

• Commander's responsibility
• post-war processes
• Tomoyuki Yamashita
• trials of war criminals
• military justice.