TY - JOUR
T1 - "Let the Commander Respond"
T2 - The Paradox of Obedience in the Imperial Japanese Armed Forces
AU - Orbach, Danny
AU - Bohrer, Ziv
N1 - Publisher Copyright:
Copyright © The Author(s), 2023. Published by Cambridge University Press on behalf of the American Society for Legal History.
PY - 2023
Y1 - 2023
N2 - Between 1870 and 1945, the Imperial Japanese Army and Navy provided uniquely broad legal protection to subordinates who perpetrated crimes under the orders of military superiors. Legal immunity was provided not only to soldiers who obeyed orders contrary to international law, but also to those who under orders violated domestic standing legislation of the Japanese Army. This gave rise to a so-called "paradox of obedience": while disobedience among officers was rampant, their subordinates were expected to unquestionably obey their orders, even in rebellion against the Japanese government. This mix of blatant disobedience to the system at large on the one hand, and blind obedience to immediate superiors on the other, was a remarkable feature of the Imperial Japanese armed forces. Drawing on legal codes, court cases and juridic writings, we analyze how this "paradox of obedience"encouraged mutinies as well as atrocities, especially in the 1930s and during the Asia-Pacific War.
AB - Between 1870 and 1945, the Imperial Japanese Army and Navy provided uniquely broad legal protection to subordinates who perpetrated crimes under the orders of military superiors. Legal immunity was provided not only to soldiers who obeyed orders contrary to international law, but also to those who under orders violated domestic standing legislation of the Japanese Army. This gave rise to a so-called "paradox of obedience": while disobedience among officers was rampant, their subordinates were expected to unquestionably obey their orders, even in rebellion against the Japanese government. This mix of blatant disobedience to the system at large on the one hand, and blind obedience to immediate superiors on the other, was a remarkable feature of the Imperial Japanese armed forces. Drawing on legal codes, court cases and juridic writings, we analyze how this "paradox of obedience"encouraged mutinies as well as atrocities, especially in the 1930s and during the Asia-Pacific War.
UR - http://www.scopus.com/inward/record.url?scp=85173208827&partnerID=8YFLogxK
U2 - 10.1017/S0738248023000391
DO - 10.1017/S0738248023000391
M3 - Article
AN - SCOPUS:85173208827
SN - 0738-2480
JO - Law and History Review
JF - Law and History Review
ER -