M6

Capt Iwasa was in command of company and gave the commands to Ptes Susuki and Oichi to carry out the execution. The whole parade and execution was carried out at the direct orders of Colonel Koba, senior officer on the Island through Major Tamura the officer in immediate command of the troops.

The question arises whether Susuki and Oichi were guilty of a war crime. Question is whether the obedience of an illegal order is a defence for such a crime.

The fact that the crime was committed not at the independent will of the accused but as the result of orders from higher command must be considered on the qn of punishment.

Prosecution - Capt Iwasa ordered Lt Asaoki to select two privates to carry out the execution.

At the trial all gave evidence that the orders were given by Capt Iwasa and not Lt Asako.

Explained by Iwasa owing to mental confusion during interrogation on the Junee. He informed others what he had done and they adopted his account. After detention and realising that trials for war crimes would result Iwasa told them to tell the true account of the execution - ie Asaoka though present took no part in the proceedings, all orders given by himself Capt Iwasa. Tanaka testified that he only heard Iwasa's voice give the order. Both privates and Iwasa  testify on oath that Iwasa gave the order.  [** conspiracy to exonerate Asaoki ?***] The Court were not satisfied beyond reasonable doubt that Asaoki gave the order and so acquitted him.

JA put up the suggestion that Iwasa had another motivation in initially implicated Asaoka - attitude of Jap soldier to the orders of a superior officer is that they have to be carried out with a blind unquestioning obedience - a request or a suggestion from a superior officer to a junior officer would be considered as being in the nature of an order and would be blindly and unswervingly made.