Tomoyuki Yamashita

Yamashita was the second son of a local physician in Osugi, a village in what is now part of Ōtoyo, Kōchi Prefecture, Shikoku. He attended military preparatory schools in his youth. Early military career In November 1905, Yamashita graduated from the 18th class of the Imperial Japanese Army Academy. He was ranked 16th out of 920 cadets. In 1922, upon his return to Japan, Major Yamashita served in the Imperial Headquarters and the Staff College, receiving promotion to lieutenant-colonel in August 1925. While posted to the Imperial Japanese Army General Staff, Yamashita unsuccessfully promoted a military reduction plan. Despite his ability, Yamashita fell into disfavor as a result of his involvement with political factions within the Japanese military. As a leading member of the "Imperial Way" group, he became a rival to Hideki Tojo and other members of the "Control Faction". In 1927 Yamashita was posted to Vienna, Austria, as a military attaché until 1930. He was then promoted to the rank of colonel. In 1930 Col. Yamashita was given command of the elite 3rd Imperial Infantry Regiment (Imperial Guards Division). He was promoted to major-general in August 1934. After the February 26 Incident of 1936, he fell into disfavor with Emperor Hirohito due to his appeal for leniency toward rebel officers involved in the attempted coup. He realized that he had lost the trust of the Emperor and decided to resign from the Army—a decision that his superiors dissuaded him from carrying out. He was eventually relegated to a post in Korea, being given command of a brigade. Akashi Yoji argued in his article "General Yamashita Tomoyuki: Commander of the Twenty-Fifth Army" that his time in Korea gave him the chance to reflect on his conduct during the 1936 coup and at the same time study Zen Buddhism, something which caused him to mellow in character yet instilled a high level of discipline. Throughout his time in the military, Yamashita had consistently urged the implementation of his proposals, which included "streamlining the air arm, to mechanize the Army, to integrate control of the armed forces in a defense ministry coordinated by a chairman of Joint Chiefs of Staff, to create a paratroop corps and to employ effective propaganda". Major Ōnishi Satoru, one of the accused in the postwar trial, affirmed that he acted under a specific order issued from General Headquarters, that read, 'Due to the fact that the army is advancing fast and in order to preserve peace behind us it is essential to massacre as many Chinese as possible who appear in any way to have anti-Japanese feelings.' Yamashita later apologized to the few survivors of the 650 bayoneted or shot at Alexandra Hospital, and allegedly some soldiers caught looting in the aftermath of the slaughter were executed. Akashi Yoji claims that this would have been in line with Yamashita's personality and belief. According to him, the first orders given by Yamashita to the soldiers was "no looting; no rape; no arson", and that any soldier committing such acts would be severely punished and his superior held accountable. Manchukuo On 17 July 1942, Yamashita was reassigned from Singapore to far-away Manchukuo again, having been given a post in commanding the First Area Army, and was effectively sidelined for a major part of the Pacific War. It is thought that Tojo, by then the Prime Minister, was responsible for his banishment, taking advantage of Yamashita's gaffe during a speech made to Singaporean civilian leaders in early 1942, when he referred to the local populace as "citizens of the Empire of Japan" (this was considered embarrassing for the Japanese government, who officially did not consider the residents of occupied territories to have the rights or privileges of Japanese citizenship). He was promoted to full general in February 1943. Some have suggested that he may have been sent there to prepare for an attack upon the Soviet Union in the event that Stalingrad fell to Germany. Philippines On 26 September 1944, when the war situation was critical for Japan, Yamashita was rescued from his enforced exile in China by the new Japanese government after the downfall of Hideki Tōjō and his cabinet, and he assumed the command of the Fourteenth Area Army to defend the occupied Philippines on 10 October. U.S. forces landed on Leyte ten days later. On 6 January 1945, the Sixth U.S. Army, totaling 200,000 men, landed at Lingayen Gulf in Luzon. Yamashita commanded approximately 262,000 troops in three defensive groups; the largest, the Shobu Group, under his personal command numbered 152,000 troops, defended northern Luzon. The smallest group, totaling 30,000 troops, known as the Kembu Group, under the command of Rikichi Tsukada, defended Bataan and the western shores. The last group, the Shimbu Group, totaling 80,000 men under the command of Shizuo Yokoyama, defended Manila and southern Luzon. Yamashita tried to rebuild his army but was forced to retreat from Manila to the Sierra Madre mountains of northern Luzon, as well as the Cordillera Central mountains. Yamashita ordered all troops, except those given the task of ensuring security, out of the city. Yamashita did not declare Manila an open city as General Douglas MacArthur had done in December 1941 before its capture. When a military commander or political leader formally declares an open city, this means that the defending military will not defend the city in battle and the victorious forces can enter unopposed. Open city declarations are made in order to save civilian lives and to prevent destruction of buildings. Because Yamashita, who also served as the governor-general and military governor of the Philippines, did not declare Manila an open city while he evacuated most of his soldiers northward, Imperial Japanese Navy (IJN) Rear Admiral Sanji Iwabuchi re-occupied Manila with 16,000 sailors, with the intent of destroying all port facilities and naval storehouses. Once there, Iwabuchi took command of the 3,750 Army security troops, and against Yamashita's specific order, turned the city into a battlefield. The battle and the Japanese atrocities resulted in the deaths of more than 100,000 Filipino civilians, in what is known as the Manila massacre, during the fierce street fighting for the capital which raged between 4 February and 3 March. Yamashita continued to employ delaying tactics to maintain his army in Kiangan (part of the Ifugao Province), until 2 September 1945, the day of the formal surrender of Japan to General Douglas MacArthur. At the time of his surrender, to Major General Robert S. Beightler, Yamashita's forces had been reduced to under 50,000 by the lack of supplies and tough campaigning by elements of the combined American and Filipino soldiers including the recognized guerrillas. == Trial ==

From 29 October to 7 December 1945, an American military tribunal in Manila tried General Yamashita for war crimes relating to the Manila massacre and many atrocities in the Philippines against civilians and prisoners of war, and sentenced him to death. Yamashita was held responsible for numerous war crimes that the prosecution claimed was a systematic campaign to torture and kill Filipino civilians and Allied POWs as shown in the Palawan Massacre of 139 U.S. POWs, wanton executions of guerrillas, soldiers, and civilians without due process like the execution of Philippine Army general Vicente Lim, and the massacre of 25,000 civilians in Batangas Province. These crimes that were committed outside of the Manila massacre were done by the Japanese Army, not the Navy. It was argued that Yamashita was in full command of the Japanese Army's secret military police, the Kempeitai, which committed numerous war crimes on POWs and civilian internees and he simply nodded his head without protest when asked by his Kempeitai subordinates to execute people without due process or trials because there were too many prisoners to do proper trials. This controversial case has become a precedent regarding the command responsibility for war crimes and is known as the Yamashita Standard. The principal accusation against Yamashita was that he had failed in his duty as commander of Japanese forces in the Philippines to prevent them from committing atrocities. The defense acknowledged that atrocities had been committed but contended that the breakdown of communications and the Japanese chain of command in the chaotic battle of the second Philippines campaign was such that Yamashita could not have controlled his troops even if he had known of their actions, which was not certain in any case; furthermore, many of the atrocities had been committed by Japanese naval forces outside his command. The prosecution countered by presenting testimony (some of it hearsay) from multiple individuals indicating that the orders had come from Yamashita. One such hearsay statement alleged that Yamashita had told General Artemio Ricarte to "wipe out the whole Philippines... since everyone in the Islands were either guerrillas or active supporters of the guerrillas." Another piece of testimony alleging that Yamashita had made similar statements to Ricarte through translation by the latter's grandson, was refuted by the grandson who denied ever having translated such a statement. However, some firsthand evidence was presented that Yamashita ordered or agreed with proposed orders that trials be foregone for suspected guerrillas and punishments handled directly by military tribunal officers following cursory investigations. American lawyer Harry E. Clarke Sr., a colonel in the United States Army at the time, served as the chief counsel for the defense. In his opening statement, Clarke asserted: For his part Yamashita denied he had knowledge of the crimes committed by his men, and claimed that he would have harshly punished them if he had had that knowledge. Further, he argued that with an army as large as his, there was no way for him to control all actions by all his subordinates. As such he felt what he was really being charged with was losing the war: The court found Yamashita guilty as charged and sentenced him to death. Clarke appealed the sentence to General MacArthur, who upheld it. He then appealed to the Supreme Court of the Philippines and the Supreme Court of the United States, both of which declined to review the verdict. President Truman denied Yamashita's petition to grant clemency and let the decision stand. In dissent from the Supreme Court of the United States' majority, Justice W.B. Rutledge wrote: The legitimacy of the hasty trial was questioned at the time, including by Justice Frank Murphy, who protested various procedural issues, the inclusion of hearsay evidence, and the general lack of professional conduct by the prosecuting officers. Evidence that Yamashita did not have ultimate command responsibility over all military units in the Philippines was not admitted in court. , Brigadier General Egbert F. Bullens, and Major General James A. Lester Former war crimes prosecutor Allan A. Ryan has argued that by order of General MacArthur and five other generals, and the Supreme Court of the United States, Yamashita was executed for what his soldiers did without his approval or even prior knowledge. The two dissenting Supreme Court Justices called the entire trial a miscarriage of justice, an exercise in vengeance, and a denial of human rights. Execution Following the Supreme Court decision, an appeal for clemency was made to U.S. President Harry S. Truman, who declined to intervene and left the matter entirely in the hands of the military authorities. In due course, General MacArthur confirmed the sentence of the commission. On 23 February 1946, Yamashita was hanged at Los Baños, Laguna Prison Camp, south of Manila. After climbing the thirteen steps leading to the gallows, he was asked if he had a final statement. The Arizona Republic alleges that his reply, through a translator, was thus: After the execution, his remains were buried first at the Japanese cemetery near the Los Baños Prison Camp, then were moved to Tama Cemetery in Fuchū, Tokyo. On 23 December 1948, Lieutenant General Akira Mutō, Yamashita's chief of staff in the Philippines, was executed after being found guilty of atrocities against civilians and prisoners of war in both China and the Philippines by the International Military Tribunal for the Far East. Several of Yamashita's other subordinates in the Philippines were also prosecuted by the Philippine War Crimes Commission, including Lieutenant General Hong Sa-Ik, who was found guilty of crimes against Allied POWs and executed in 1946. He was the highest ranking ethnic Korean to be charged with war crimes relating to the conduct of the Empire of Japan. Enduring legal legacy The U.S. Supreme Court's 1946 Yamashita decision set a precedent, called command responsibility or the Yamashita standard, in that a commander can be held accountable before the law for the crimes committed by his troops even if he did not order them, did not stand by to allow them, or possibly even know about them or have the means to stop them. This doctrine of command accountability has been added to the Geneva Conventions and was applied to dozens of trials in the International Criminal Tribunal for the former Yugoslavia. It has been adopted by the International Criminal Court established in 2002. == See also ==