As I said in the Manila Supreme Court that I have done with my all capacity, so I don’t ashame in front of the gods for what I have done when I have died. But if you say to me ‘you do not have any ability to command the Japanese Army’ I should say nothing for it, because it is my own nature. Now, our war criminal trial going under your kindness and right. I know that all your American and American military affairs always has tolerant and rightful judgment. When I have been investigated in Manila court I have had a good treatment, kindful attitude from your good natured officers who protected me all the time. I never forget for what they have done for me even if I had died. I don’t blame my executioner. I’ll pray the gods bless them. Please send my thankful word to Col. Clarke and Lt. Col. Feldhaus, Lt. Col. Hendrix, Maj. Guy, Capt. Sandburg, Capt. Reel, at Manila court, and Col. Arnard. I thank you.
Yamashita’ s last statement, through a translator, on the gallows. February 23, 1946
General Tomoyuki Yamashita won early fame in World War II by leading the conquest of Malaya. With inferior forces he decisively defeated the British and earned the popular title of Tiger of Malaya. Troops under his command did engage in massacres and looting, but Yamashita, unlike most Japanese commanders, severely punished the troops involved, up to and including execution of the guilty. His humane attitude towards prisoners placed him at odds with the Japanese government, and he spent much of the war in virtual exile in Manchukuo commanding the First Area Army. Worsening Japanese military fortunes caused him to be placed in command of the Philippines, ten days before MacArthur and his army returned. Yamashita conducted a skillful defense of the Philippines, marred by massive atrocities against civilians in Manila. It must be noted that Rear Admiral Sanji Iwabuchi commanded the forces defending in Manila. Yamashita had ordered the evacuation of Manila which Iwabuchi disobeyed, just as his men disobeyed Yamashita’s standing orders against ill treatment of civilians.
Yamashita was put on trial for war crimes in Manila from October 29, 1945-December 7, 1945 by an American military tribunal. The principal accusation was that he had failed to keep his troops in the Philippines under control and that as a result he was responsible for their crimes. This was a novel theory of criminal responsibility either under American military or civilian jurisprudence as his military defense counsel pointed out time and again. Yamashita was impressed by the dedication and zeal of his defense counsel and stated several times that his respect for the United States had been reaffirmed by their efforts.
Behind the scenes MacArthur expressed impatience at the length of the trial, clearly wanting a quick guilty verdict. When Yamashita was found guilty and sentenced to death, he swiftly affirmed the verdict and sentence when it was appealed to him. Yamashita’s defense team then appealed to the US Supreme Court. The Supreme Court, In re Yamashita, 327 US 1, rejected the petitions for habeas corpus and writ of prohibition ruling:
MacArthur denied the personal appeal to him of General Yamashita’s wife that he be executed by firing squad as a soldier rather than hanged like a felon.
Cradle Catholic. Active in the pro-life movement since 1973. Father of three, one in Heaven, and happily married for 41 years. Small town lawyer and amateur historian. Former president of the board of directors of the local crisis pregnancy center for a decade.
So when push comes to shove, SCOTUS will decide wrongly.
Brian
Thursday, November 19, AD 2015 9:48am
What makes America unique in history; what made Her great in our time of advance leading the world, is the Rule of Law we embodied and cherished, based on our Constitutional system and our Bill of Rights.
What is causing her downfall, (hopefully not Her dissolution), is the breakdown in that Rule of Law.
When Law disconnects from the Lawgiver and attaches itself to the random vicissitudes of the will of the powerful, it is rendered meaningless. Lack of respect surely follows along with reduced willful participation and shared citizenship. All that is then left are the jackboots and the guns of the will-to-power and the fearful mind driving it all.
This is an interesting example of the seeds of our future destruction; an icon of a growing cancer in our midst.
No nation is perfect. Ours has had numerous failures to abide by our Constitutional framework, from unjust treatment of Indians in the 18th century, to the initiation and conduct of war against states, abuse of military tribunals to railroad and execute Indians and people caught up in Lincoln’s assassination, and compelled, undemocratic Constitutional amendments in the 19th century, to interment of Japanese citizens and “war crime” tribunals in the 20th century, as documented in this post, up to and including the present lawlessness we see on the part of our government.
And yet, we have the freedom and capacity to self-analyze, self-criticize, and (sometimes) self-correct that truly sets us apart from most countries in the history of the world.
William P. Walsh
Friday, November 20, AD 2015 3:42pm
In many countries, a transcript such as this would not see the light of day. From the remaining vestige of our founding principles, hope springs eternal. The rule of law is on its sickbed in America today but it is not dead. We must nourish it back to health with the medicine of truth. As to General Yamashita, he will fare better than his persecutors on judgment day.
TomD
Monday, November 23, AD 2015 7:56am
An interesting fact from this post is that Justice Murphy is obviously unaware of Admiral Iwabuchi’s de facto mutiny against General Yamashita. His dissent would have been even more forceful had he acknowledged this fact, but he did not. One would guess that the defense team did not get an opportunity to make full use of this, perhaps due to a lack of a paper trail. Does anyone know if the trial transcripts are available online?
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So when push comes to shove, SCOTUS will decide wrongly.
What makes America unique in history; what made Her great in our time of advance leading the world, is the Rule of Law we embodied and cherished, based on our Constitutional system and our Bill of Rights.
What is causing her downfall, (hopefully not Her dissolution), is the breakdown in that Rule of Law.
When Law disconnects from the Lawgiver and attaches itself to the random vicissitudes of the will of the powerful, it is rendered meaningless. Lack of respect surely follows along with reduced willful participation and shared citizenship. All that is then left are the jackboots and the guns of the will-to-power and the fearful mind driving it all.
This is an interesting example of the seeds of our future destruction; an icon of a growing cancer in our midst.
No nation is perfect. Ours has had numerous failures to abide by our Constitutional framework, from unjust treatment of Indians in the 18th century, to the initiation and conduct of war against states, abuse of military tribunals to railroad and execute Indians and people caught up in Lincoln’s assassination, and compelled, undemocratic Constitutional amendments in the 19th century, to interment of Japanese citizens and “war crime” tribunals in the 20th century, as documented in this post, up to and including the present lawlessness we see on the part of our government.
And yet, we have the freedom and capacity to self-analyze, self-criticize, and (sometimes) self-correct that truly sets us apart from most countries in the history of the world.
In many countries, a transcript such as this would not see the light of day. From the remaining vestige of our founding principles, hope springs eternal. The rule of law is on its sickbed in America today but it is not dead. We must nourish it back to health with the medicine of truth. As to General Yamashita, he will fare better than his persecutors on judgment day.
An interesting fact from this post is that Justice Murphy is obviously unaware of Admiral Iwabuchi’s de facto mutiny against General Yamashita. His dissent would have been even more forceful had he acknowledged this fact, but he did not. One would guess that the defense team did not get an opportunity to make full use of this, perhaps due to a lack of a paper trail. Does anyone know if the trial transcripts are available online?