Lex Rex Ph

“Yamashita Standard”

Also known as “Command Line Responsibility” or “Command Responsibility, is when the law of war imposes on an army commander a duty to take such appropriate measures as are within his power to control the troops under his command for the prevention of acts that are violations of the law of war and which are likely to attend the occupation of hostile territory by an uncontrolled soldiery, and he may be charged with personal responsibility for his failure to take such measures when violations result.

Resource where it is well-discussed: *In Re: Yamashita, 327 U.S. 1 (1946)

The Background

Yamashita was the commanding general of the Imperial Japanese Army during World War II. He was sentenced to death by the US Armed Forces and was hanged in Laguna. Although it was his subordinates who committed war crimes, he was guilty because of the principle of command responsibility or later dubbed as the “Yamashita Standard.”

“responsibility of commanders for crimes committed by subordinate members of the armed forces or other persons subject to their control in international wars or domestic conflict.” – Rubrico vs. Arroyo (quoted in Noriel Rodriguez)

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