Law at a critical juncture: the US Army's command responsibility trials at Manila 1945–1947

Fellows, Jamie (2020) Law at a critical juncture: the US Army's command responsibility trials at Manila 1945–1947. American Journal of Legal History, 60 (2). pp. 192-222.

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Abstract

The US Army's war crimes trials of the hundreds of Japanese military personnel tried at Manila from 1945 to 1947 represent an opportunity to gain valuable insights into Allied 'justice' at a time when many aspects of war crimes jurisprudence were at a formative stage. Specifically, the Manila trials offer a unique portal into the jurisprudence of the doctrine of command responsibility. The 'command responsibility trials' at Manila, as they became known, are important for understanding the jurisprudential path to finding superiors criminally responsible for the criminal acts of their subordinates. This paper examines five trials from the US Army’s Manila trials in relation to the doctrine of command responsibility and in so doing, shows how the Manila trials significantly contributed to the development of the very important doctrine known as command responsibility.

Item ID: 63501
Item Type: Article (Research - C1)
ISSN: 2161-797X
Copyright Information: (C) The Author(s) 2020. Published by Oxford University Press. All rights reserved. For permissions, please email: journals.permissions@oup.com
Date Deposited: 14 Jul 2020 01:31
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180110 Criminal Law and Procedure @ 50%
18 LAW AND LEGAL STUDIES > 1801 Law > 180116 International Law (excl International Trade Law) @ 50%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9403 International Relations > 940399 International Relations not elsewhere classified @ 50%
94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940403 Criminal Justice @ 50%
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