Fellows, Jamie (2021) The legacy of the US Army war crimes trials in the Philippines through the 'Just War" theory. James Cook University Law Review, 27. pp. 57-71.

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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.

Item ID:	71210
Item Type:	Article (Research - C1)
ISSN:	1839-2792
Keywords:	war crimes; Manila trials; command responsibility; superior orders; military necessity; just war theory
Date Deposited:	04 Jan 2022 21:48
FoR Codes:	48 LAW AND LEGAL STUDIES > 4803 International and comparative law > 480310 Public international law @ 50% 48 LAW AND LEGAL STUDIES > 4807 Public law > 480705 Military law and justice @ 25% 48 LAW AND LEGAL STUDIES > 4803 International and comparative law > 480306 International criminal law @ 25%
SEO Codes:	23 LAW, POLITICS AND COMMUNITY SERVICES > 2304 Justice and the law > 230403 Criminal justice @ 50% 23 LAW, POLITICS AND COMMUNITY SERVICES > 2304 Justice and the law > 230406 Legal processes @ 50%
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