This post about the Application of Yamashita grew out of a recent dinner conversation/debate/discussion. From a summary here, a quote:
Since the Supreme Court's decision in 1946, the United States Congress and federal courts throughout the country have relied on the Yamashita standard. Many important human rights cases cite directly from the Supreme Court decision, as does the legislative history of the Torture Victims Protection Act ("TVPA"). In citing to the Yamashita Standard for support in the interpretation of the TVPA, the United States Senate Committee stated, "under international law, responsibility for torture, summary execution, or disappearances extends beyond the person or persons who actually committed those acts -- anyone with higher authority who authorized, tolerated, or knowingly ignored those acts is liable for them." The Second and Ninth Circuits of the United States Court of Appeals affirmed this standard in their decisions Kadic v. Karadzic, 70 F.3d 232 (1995) and Hilao v. Estate of Marcos, 103 F.3d 767 (1996), and it has been repeatedly recognized as the standard in numerous human rights cases litigated under the TVPA and the Alien Tort Claims Act ("ACTA") in federal courts across the country.
The case is here: long-winded, but if you just read the summary of the opinion and the very courageous dissent, you will get the general drift:
Yamashita v. Styer, Commanding General, US Forces, Western Pacific (1946)
