In re Yamashita, 327 U. S. 1 (1946)


Facts of the Case
Prior to September 3, 1945, petitioner was the Commanding General of the Fourteenth Army Group of the Imperial Japanese Army in the Philippine Islands. On that day, he surrendered to the United States Army and became a prisoner of war. Respondent was the Commanding General of the United States Army Forces, Western Pacific, whose command embraced the Philippine Islands. Respondent appointed a military commission to try the petitioner on a charge of violation of the law of war. The gist of the charge was that petitioner had failed in his duty as an army commander to control the operations of his troops, "permitting them to commit" specified atrocities against the civilian population and prisoners of war. Petitioner filed a writ of habeas corpus to challenge his conviction by military commission.

Question
May a military commission try an enemy combatant after the cessation of hostilities?

Conclusion
Trial of the petitioner by the military commission was lawful, although hostilities had ceased.

(a) A violation of the law of war, committed before the cessation of hostilities, may lawfully be tried by a military commission after hostilities have ceased -- at least until peace has been officially recognized by treaty or proclamation by the political branch of the Government.

(b) Trial of the petitioner by the military commission was authorized by the political branch of the Government, by military command, by international law and usage, and by the terms of the surrender of the Japanese government.