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＜紀要論文＞
山下奉文裁判と指揮官責任(上) : 「11.12指令」との関連で
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| 概要 | The trial of Gen. Tomoyuki YAMASHITA, the commander of the Imperial Japanese Army in the 14th Area, is a well known case relating to charges of "command responsibility," specifically, the responsibili...ty of commander in relation to the war crimes committed by one's subordinates. In the trial, it was admitted in principle that omissions of the breach of supervisory obligation were accompanied by criminal responsibility; however, the criteria for the presumption of knowledge, namely, that the accused "either knew or had the means of knowing" of the widespread cruelties committed by the Japanese forces, remained unclear. In the background of this matter were two factors. One was the directive [Directive-11. 12] issued by the senior organization [Gen. MacArthur] which expressed a desire to complete the proceedings at the earliest practicable date. The other was that YAMASHITA made attempts to his own neck in the trial. The principle of the trial procedure expressed justice and fairness to the Accused and therefore, from the beginning, the Military Commission that executed the trial was not able to conclude easily that YAMASHITA, as commander, had "absolute command responsibility" (i.e. that there were grounds to hold him responsible for the war crimes committed by his subordinates regardless of his presence of knowledge as commander). But the stubborn attitude of YAMASHITA, who didn't attempt to acknowledge responsibility during the summoning of sworn witness conducted over four days, compelled the committee which had already accepted to speed-up trial proceedings under the directive [Directive-11. 12], to consider to speed-up the trial even further. As a reaction to this, issues regarding time-consumption as well as fundamental problems such as the criteria for the presumption of knowledge became obscured.続きを見る |
| 目次 | はじめに 1. 山下証言の意義 2. 山下証言にみる責任の所在 (1) 上級組織 (上級者) の責任 (2) 隷下組織 (下級者) の責任 (以上、本号) 3. 山下証言と審理迅速化問題 (以下、次号) (1) 西春証言とリールの嘘 (2) ゲリラ容疑者の裁判とその取扱い おわりに |
詳細
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| 登録日 | 2021.10.07 |
| 更新日 | 2021.12.13 |