In re Yamashita Facts: General Tomoyuki Yamashita is the Commanding General of the Japanese Imperial Army.

When he surrendered in 194 ! an Ameri"an military "ommission tried him on "harges that he permitted atro"ities against #oth "i$ilians and prisoners of %ar! in $iolation of the la% of %ar. The #ills of parti"ulars! filed #y the prose"ution #y order of the "ommission! allege a series of 1&' a"ts! "ommitted #y mem#ers of the for"es under petitioner(s "ommand.
The first item spe"ifies the e)e"ution of a (a deli#erate plan and purpose to massa"re and e)terminate a large part of the "i$ilian population of *atangas +ro$in"e! and to de$astate and destroy pu#li"! pri$ate and religious property therein! as a result of %hi"h more than & !,,, men! %omen and "hildren! all unarmed non"om#atant "i$ilians! %ere #rutally mistreated and killed! %ithout "ause or trial! and entire settlements %ere de$astated and destroyed %antonly and %ithout military ne"essity.( -ther items spe"ify a"ts of $iolen"e! "ruelty and homi"ide infli"ted upon the "i$ilian population and prisoners of %ar! a"ts of %holesale pillage and the %anton destru"tion of religious monuments.

It is not denied that su"h a"ts dire"ted against the "i$ilian population of an o""upied "ountry and against prisoners of %ar are re"ogni.ed in international la% as $iolations of the la% of %ar under /ourth 0ague Con$ention. *ut it is urged t at the "harge does not allege that petitioner has either "ommitted or dire"ted the "ommission of su"h a"ts! and "onse1uently that no $iolation is "harged as against him. *ut this o$erlooks the fa"t that the gist of the "harge is an unla%ful #rea"h of duty #y petitioner as an army "ommander to "ontrol the operations of the mem#ers of his "ommand #y (permitting them to "ommit( the e)tensi$e and %idespread atro"ities spe"ified. The 1uestion then is %hether the la% of %ar imposes on an army "ommander a duty to take su"h appropriate measures as are %ithin his po%er to "ontrol the troops under his "ommand for the pre$ention of the spe"ified a"ts %hi"h are $iolations of the la% of %ar and %hi"h are likely to attend the o""upation of hostile territory #y an un"ontrolled soldiery! and %hether he may #e "harged %ith personal responsi#ility for his failure to take su"h measures %hen $iolations result. That this %as the pre"ise issue to #e tried %as made "lear #y the statement of the prose"ution at the opening of the trial.

Issue:

Yamashita2s "ounsel applied lea$e to file petitions for %rits of ha#eas "orpus and prohi#ition! "hallenging the 3urisdi"tion and legal authority of the "ommission.

Held: The %rits %ere 456I54. The "ourt found that Congress had legally authori.ed the "ommission(s esta#lishment under the %ar po%ers! and that the "harge %as ade1uate to state a $iolation of the la% of %ar. It is e$ident that the "ondu"t of military operations #y troops %hose e)"esses are unrestrained #y the orders or efforts of their "ommander %ould almost "ertainly result in $iolations %hi"h it is the purpose of the la% of %ar to pre$ent. Its purpose to prote"t "i$ilian populations and prisoners of %ar from #rutality %ould largely #e defeated if the "ommander of an in$ading army "ould %ith impunity negle"t to take reasona#le measures for their prote"tion. 0en"e the la% of %ar presupposes that its $iolation is to #e a$oided through the "ontrol of the operations of %ar #y "ommanders %ho are to some e)tent responsi#le for their su#ordinates. Command responsi#ility! sometimes referred to as the Yamashita standard or the 7edina standard! is the do"trine of hierar"hi"al a""ounta#ility in "ases of %ar "rimes. The do"trine %as esta#lished #y the 0ague Con$entions I8 919,:; and < 919,:;. The =Yamashita standard= is #ased upon the pre"edent set #y the >nited ?tates ?upreme Court in the "ase of Japanese General Tomoyuki Yamashita. 0e %as prose"uted! in a still "ontro$ersial trial! for atro"ities "ommitted #y troops under his "ommand in the +hilippines. Yamashita %as "harged %ith =unla%fully disregarding and failing to dis"harge his duty as a "ommander to "ontrol the a"ts of mem#ers of his "ommand #y permitting them to "ommit %ar "rimes.= The =7edina standard= is #ased upon the prose"ution of >? Army Captain 5rnest 7edina in "onne"tion %ith the 7y @ai 7assa"re during the 8ietnam War. It holds that a "ommanding offi"er! #eing a%are of a human rights $iolation or a %ar "rime! %ill #e held "riminally lia#le %hen he does not take a"tion. 97edina %as! ho%e$er! a"1uitted of all "harges.;