Yamashita standard in the context of Emil Müller (German officer)


Yamashita standard in the context of Emil Müller (German officer)

⭐ Core Definition: Yamashita standard

In the practice of international law, command responsibility (also superior responsibility) is the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) are legally responsible for the war crimes and the crimes against humanity committed by their subordinates; thus, a commanding officer always is accountable for the acts of commission and the acts of omission of their soldiers.

In the late 19th century, the legal doctrine of command responsibility was codified in the Hague Conventions of 1899 and 1907, which are partly based upon the Lieber Code (General Orders No. 100, 24 April 1863), military law that legally allowed the Union Army to fight in the regular and the irregular modes of warfare deployed by the Confederacy during the American Civil War (1861–1865). As international law, the legal doctrine and the term command responsibility were applied and used in the Leipzig war crimes trials (1921) that included the trial of Captain Emil Müller for prisoner abuse committed by his soldiers during the First World War (1914–1918).

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Yamashita standard in the context of Tomoyuki Yamashita

Tomoyuki Yamashita (山下 奉文, Yamashita Tomoyuki; 8 November 1885 – 23 February 1946; also called Tomobumi Yamashita) was a general in the Imperial Japanese Army during World War II. Yamashita led Japanese forces during the invasion of Malaya and Battle of Singapore. His conquest of Malaya and Singapore in 70 days earned him the sobriquet "The Tiger of Malaya". He was assigned to defend the Philippines from the advancing Allies later in the war. Although he was unable to prevent the superior Allied forces from advancing, despite dwindling supplies and Allied guerrilla action, he was able to hold on to part of Luzon until after the formal surrender of Japan in August 1945.

Under Yamashita's command, at least 350,000 to 450,000 were killed. Yamashita was in overall command during the Sook Ching massacre, the Rape of Manila, and other atrocities. 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. Yamashita denied ordering those war crimes and said that he did not have knowledge that they occurred. Conflicting evidence was presented during the trial concerning whether Yamashita had implicitly affirmed commission of these crimes in his orders and whether he knew of the crimes being committed. The court eventually found Yamashita guilty and he was executed in February, 1946. The ruling against Yamashita – holding the commander responsible for subordinates' war crimes as long as the commander did not attempt to discover and stop them from occurring – came to be known as the Yamashita standard.

View the full Wikipedia page for Tomoyuki Yamashita
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