Yamashita v. Styer

327 U.S. 1 (1946)

The United States Supreme Court denied the application of General Tomoyuki Yamashita, the commanding officer of the Japanese forces in the Philippines, who was also military governor of the Philippines, for leave to file a petition for writ of habeas corpus and the writ of prohibition. Based upon Congress's war power, a military commission appointed by Commander of the United States Armed Forces, Western Pacific, which command included the Philippine Islands, had jurisdiction to try the General as an "enemy belligerent" on a charge of violating the law of war. In this case there was no "termination of war" and peace had not been agreed upon, even though actual hostilities in the field had ended. The Japanese General had failed to meet his affirmative duty to take appropriate steps within his power to protect prisoners of war and the civilian population from violations of the law of war during the time Japanese forces occupied the Philippines.

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