The legacy of the US Army war crimes trials in the Philippines through the 'Just War" theory

Fellows, Jamie

Abstract

The US Army war crimes trials conducted at Manila from 1945-1947 convicted hundreds of Japanese military personnel for war crimes committed during the Philippines campaign. The trials shone light on complex legal issues in the formative stages of international law at a critical juncture in modern history. This paper examines three areas of law that were repeatedly tested throughout the trials, namely, questions regarding command responsibility (both de jure and de facto command), and the defences of superior orders and military necessity. The paper outlines sentencing patterns and judicial pronouncements of the law as it was understood and applied in relation to these areas and offers a critique of the trials through the ‘just war’ theoretical lens.

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James Cook University law review

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James Cook University Law Review

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1839-2792

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James Cook University

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