1 - Justice at Manila
Published online by Cambridge University Press: 05 February 2015
Summary
“I stand here today with the same clear conscience as on the first day of my arraignment,” read the prepared statement by the accused, “and I swear before my Creator and everything sacred to me that I am innocent of the charges made against me.” This day – December 7, 1945 – marked the end of the trial of Gen. Yamashita Tomoyuki, formerly commander-in-chief of the 14th Area Army (originally the 14th Army, but regrouped to form the 14th Area Army in July 1944), which fought the losing battles against American forces in the Japanese-occupied Philippine Islands between October 1944 and September 1945. Yamashita stood accused on the charge that he “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.” After hearing the last plea of innocence by the accused, the five-member U.S. military commission presided over by Maj. Gen. Russell B. Reynolds delivered the decision. It found Yamashita guilty and handed down the sentence of death by hanging. Execution was carried out on February 23, 1946, upon approval of the verdict and the sentence by Gen. Douglas MacArthur of the U.S. Army. This action was taken a little short of three weeks after the U.S. Supreme Court denied the defense application for leave to file petition for writs of habeas corpus and prohibition, as well as the defense application for leave to file petition for certiorari to review the order of the Supreme Court of the Commonwealth of the Philippines denying petition for the same. Two justices dissented.
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- Justice in Asia and the Pacific Region, 1945–1952Allied War Crimes Prosecutions, pp. 21 - 55Publisher: Cambridge University PressPrint publication year: 2015