Shigenori Kuroda vs. Major Gen Rafael Jalandoni

Facts:

Shigenori Kuroda, formerly a Lieutenant-General of the Japanese Imperial Army, and commanding General of the Japanese Imperial Forces was charged before a Military Commission convened by the Chief of Staff of the Armed Forces of the Philippines having unlawfully disregarded and failed ‘ to discharge his duties as such commander to control the operations of members of his command, permitting them to commit brutal atrocities against non-combatants civilians and prisoners of the Imperial Japanese Forces in violation of the laws and customs of war during a period covering 1943 and 1944.

On July 29, 1947, President Manuel Roxas issued an Executive Order no. 68 establishing a National War Crimes Office and prescribing rules and regulations governing the trial accused war criminals. This Order was in accordance with the generally accepted principles of international law of the present day, including the Hague Convention, the Geneva Convention and international jurisprudence established by the united Nations.

Kuroda seeks to establish the illegality of Executive No. 68 of the President with the principal argument that Executive Order No. 68 is illegal on the ground that it violates not only the provisions of our constitutional law but also our local laws to the fact that the Philippines is not a signatory nor an adherent to the Hague Convention on Rules and Regulations covering Land Warfare.

Issue:

Whether or not Executive Order No. 68 is valid and constitutional considering the fact that the Philippines is not a signatory nor an adherent to the Hague Convention on Rules and Regulation covering Land Warfare.

Held:

Executive Order No. 68 is valid and constitutional.

This Order was in accordance with the generally accepted principles of international law which assert that all those persons, military or civilian , who have been guilty of planning, preparing or waging a war of aggression and of the commission of crimes and offenses consequential and incidental thereto, in violation of the laws and customs of war, of humanity and civilization , are held accountable therefore.

Legal Basis:

Art II, Sec3 Philippine Constitution

“The Philippine renounces war as an instrument of national policy, and adopts the generally accepted principles of international law as part of the law of the nation.”