M38

Morotai Trial M38 was an Australian war crimes trial conducted on Morotai between 29 and 31 January 1946. The case concerned the responsibility of Major General Endo Shinichi, commander of the 57th Independent Mixed Brigade, for the treatment of Allied prisoners of war held by Japanese forces in Northern Celebes and the Talaud Islands between September 1944 and September 1945. Unlike the earlier trials, which prosecuted individual killings, M38 examined the criminal liability of a senior commander for failing to ensure that prisoners under his command were treated in accordance with the laws and usages of war.

The charges encompassed the murders of Royal Australian Air Force airmen Hann, Walters and King; Packham, Jones and Benson; Orgill; and Hutton and Lockyer. Endo maintained that he had issued orders requiring prisoners to be treated humanely and had delegated responsibility to subordinate commanders, believing his instructions would be obeyed. The court nevertheless found that he had neglected to issue or enforce sufficient orders and to take the necessary steps to protect Allied prisoners of war. He was convicted and sentenced to five years' imprisonment. In reviewing the case, the Judge Advocate General commented on the practical difficulties of imprisoning a convicted Japanese major general, noting that the customs of war required officers to be kept separately from other ranks. This page summarises the trial, the evidence, the legal principles of command responsibility, the conviction and the surviving archival records, including the Judge Advocate General's report.