The Yamashita Precedent
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The Yamashita Precedent
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Author : Richard L. Lael
language : en
Publisher: Scholarly Resources Incorporated
Release Date : 1982-01
The Yamashita Precedent written by Richard L. Lael and has been published by Scholarly Resources Incorporated this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982-01 with History categories.
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The Yamashita Decision
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Author : William R. Branch
language : en
Publisher:
Release Date : 1990
The Yamashita Decision written by William R. Branch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with War crime trials categories.
This paper presents a case study on senior military ethics. Primarily, the case study focus is on General MacArthur's decision to try and execute General Yamashita for war crimes committed in the Philippines. The historical introduction and the facts surrounding the trial provides foundation for the student to discuss the ethical ramifications in the case of General Yamashita. In the review and conclusion the student can gain some insight into the precedent that was set in defining command responsibility. Keywords: Military law; Military commanders; Ethics; War crimes trials. (edc).
The Case Of General Yamashita
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Author : Adolf Frank Reel
language : en
Publisher: Octagon Press, Limited
Release Date : 1971
The Case Of General Yamashita written by Adolf Frank Reel and has been published by Octagon Press, Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Biography & Autobiography categories.
Salt Of The Earth Conscience Of The Court
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Author : John M. Ferren
language : en
Publisher: Univ of North Carolina Press
Release Date : 2006-03-08
Salt Of The Earth Conscience Of The Court written by John M. Ferren and has been published by Univ of North Carolina Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-08 with Biography & Autobiography categories.
The Kentucky-born son of a Baptist preacher, with an early tendency toward racial prejudice, Supreme Court Justice Wiley Rutledge (1894-1949) became one of the Court's leading liberal activists and an early supporter of racial equality, free speech, and church-state separation. Drawing on more than 160 interviews, John M. Ferren provides a valuable analysis of Rutledge's life and judicial decisionmaking and offers the most comprehensive explanation to date for the Supreme Court nominations of Rutledge, Felix Frankfurter, and William O. Douglas. Rutledge was known for his compassion and fairness. He opposed discrimination based on gender and poverty and pressed for expanded rights to counsel, due process, and federal review of state criminal convictions. During his brief tenure on the Court (he died following a stroke at age fifty-five), he contributed significantly to enhancing civil liberties and the rights of naturalized citizens and criminal defendants, became the Court's most coherent expositor of the commerce clause, and dissented powerfully from military commission convictions of Japanese generals after World War II. Through an examination of Rutledge's life, Ferren highlights the development of American common law and legal education, the growth of the legal profession and related institutions, and the evolution of the American court system, including the politics of judicial selection.
Yamashita S Ghost
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Author : Allan A. Ryan
language : en
Publisher: University Press of Kansas
Release Date : 2014-10-17
Yamashita S Ghost written by Allan A. Ryan and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-17 with History categories.
"I don't blame my executioners. I will pray God bless them. " So said General Tomoyuki Yamashita, Japan's most accomplished military commander, as he stood on the scaffold in Manila in 1946. His stoic dignity typified the man his U.S. Army defense lawyers had come to deeply respect in the first war crimes trial of World War II. Moments later, he was dead. But had justice been served? Allan A. Ryan reopens the case against Yamashita to illuminate crucial questions and controversies that have surrounded his trial and conviction, but also to deepen our understanding of broader contemporary issues-especially the limits of command accountability. The atrocities of 1944 and 1945 in the Philippines-rape, murder, torture, beheadings, and starvation, the victims often women and children-were horrific. They were committed by Japanese troops as General Douglas MacArthur's army tried to recapture the islands. Yamashita commanded Japan's dispersed and besieged Philippine forces in that final year of the war. But the prosecution conceded that he had neither ordered nor committed these crimes. MacArthur charged him, instead, with the crime-if it was one-of having "failed to control" his troops, and convened a military commission of five American generals, none of them trained in the law. It was the first prosecution in history of a military commander on such a charge. In a turbulent and disturbing trial marked by disregard of the Army's own rules, the generals delivered the verdict they knew MacArthur wanted. Yamashita's lawyers appealed to the U.S. Supreme Court, whose controversial decision upheld the conviction over the passionate dissents of two justices who invoked, for the first time in U.S. legal history, the concept of international human rights. Drawing from the tribunal's transcripts, Ryan vividly chronicles this tragic tale and its personalities. His trenchant analysis of the case's lingering question-should a commander be held accountable for the crimes of his troops, even if he has no knowledge of them-has profound implications for all military commanders.
Encyclopedia Of Military Science
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Author : G. Kurt Piehler
language : en
Publisher: SAGE Publications
Release Date : 2013-07-24
Encyclopedia Of Military Science written by G. Kurt Piehler and has been published by SAGE Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-24 with History categories.
The Encyclopedia of Military Science provides a comprehensive, ready-reference on the organization, traditions, training, purpose, and functions of today’s military. Entries in this four-volume work include coverage of the duties, responsibilities, and authority of military personnel and an understanding of strategies and tactics of the modern military and how they interface with political, social, legal, economic, and technological factors. A large component is devoted to issues of leadership, group dynamics, motivation, problem-solving, and decision making in the military context. Finally, this work also covers recent American military history since the end of the Cold War with a special emphasis on peacekeeping and peacemaking operations, the First Persian Gulf War, the events surrounding 9/11, and the wars in Afghanistan and Iraq and how the military has been changing in relation to these events. Click here to read an article on The Daily Beast by Encyclopedia editor G. Kurt Piehler, "Why Don't We Build Statues For Our War Heroes Anymore?"
The History Of The Supreme Court Of The United States
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Author : William M. Wiecek
language : en
Publisher: Cambridge University Press
Release Date : 2006-01-23
The History Of The Supreme Court Of The United States written by William M. Wiecek and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-23 with History categories.
The Birth of the Modern Constitution recounts the history of the United States Supreme Court in the momentous yet usually overlooked years between the constitutional revolution in the 1930s and Warren-Court judicial activism in the 1950s. 1941-1953 marked the emergence of legal liberalism, in the divergent activist efforts of Hugo Black, William O. Douglas, Frank Murphy, and Wiley Rutledge. The Stone/Vinson Courts consolidated the revolutionary accomplishments of the New Deal and affirmed the repudiation of classical legal thought, but proved unable to provide a substitute for that powerful legitimating explanatory paradigm of law. Hence the period bracketed by the dramatic moments of 1937 and 1954, written off as a forgotten time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order that will dominate the twenty-first century.
Tears In The Darkness
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Author : Michael Norman
language : en
Publisher: Farrar, Straus and Giroux
Release Date : 2009-06-09
Tears In The Darkness written by Michael Norman and has been published by Farrar, Straus and Giroux this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-09 with History categories.
Tears in the Darkness is an altogether new look at World War II that exposes the myths of war and shows the extent of suffering and loss on both sides. For the first four months of 1942, U.S., Filipino, and Japanese soldiers fought what was America's first major land battle of World War II, the battle for the tiny Philippine peninsula of Bataan. It ended with the surrender of 76,000 Filipinos and Americans, the single largest defeat in American military history. The defeat, though, was only the beginning, as Michael and Elizabeth M. Norman make dramatically clear in this powerfully original book. From then until the Japanese surrendered in August 1945, the prisoners of war suffered an ordeal of unparalleled cruelty and savagery: forty-one months of captivity, starvation rations, dehydration, hard labor, deadly disease, and torture—far from the machinations of General Douglas MacArthur. The Normans bring to the story remarkable feats of reportage and literary empathy. Their protagonist, Ben Steele, is a figure out of Hemingway: a young cowboy turned sketch artist from Montana who joined the army to see the world. Juxtaposed against Steele's story and the sobering tale of the Death March and its aftermath is the story of a number of Japanese soldiers.
The Philippines In World War Ii 1941 1945
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Author : Walter F. Bell
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 1999-12-30
The Philippines In World War Ii 1941 1945 written by Walter F. Bell and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-12-30 with History categories.
Because of their strategic location, the Philippines exercised a profound influence in the thinking of both Japanese and American strategists before and during World War II. A number of controversies surrounding the preparations for war, the initial defense of the islands, the Japanese occupation, the conduct of guerrilla operations, and the 1944-1945 American campaign to retake the islands still draw the interest of students and scholars. This work provides a finding aid for individuals seeking to deal with these issues. A bibliographic overview of available periodical and book literature in English, this book is multidimensional, encompassing all aspects—military, political, economic, and social—of the Pacific War as it relates to developments in the archipelago. The book is an essential source for those looking for insights into the war's impact on Philippine society and also into military operations in and around the islands. With a chronological summary of wartime events in the islands as well as the bibliography, the work constitutes a major contribution to the furtherance of historical inquiry on World War II in the Philippines.
A World History Of War Crimes
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Author : Michael S. Bryant
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-12-17
A World History Of War Crimes written by Michael S. Bryant and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-17 with History categories.
A World History of War Crimes provides a truly global history of war crimes and the involvement of the legal systems faced with these acts. Documenting the long historical arc traced by human efforts to limit warfare, from codes of war in antiquity designed to maintain a religiously conceived cosmic order to the gradual use in the modern age of the criminal trial as a means of enforcing universal norms, this book provides a comprehensive one-volume account of war and the laws that have governed conflict since the dawn of world civilizations. Throughout his narrative, Michael Bryant locates the origin and evolution of the law of war in the interplay between different cultures. While showing that no single philosophical idea underlay the law of war in world history, this volume also proves that war in global civilization has rarely been an anarchic free-for-all. Rather, from its beginnings warfare has been subject to certain constraints defined by the unique needs and cosmological understandings of the cultures that produce them. Only in late modernity has law assumed its current international humanitarian form. The criminalization of war crimes in international courts today is only the most recent development of the ancient theme of constraining when and how war may be fought.