When it came to setting rules for the war on terrorism, the 86-year-old Stevens looked back six decades to World War II and the trial of the Japanese general.
In Hamdan, the court rejected a tribunal provision permitting the removal of defendants from the courtroom at prosecutors' request. Stevens argued that, at minimum, defendants charged with war crimes deserved to be present at their trials and to confront all the evidence against them.
In Yamashita, Rutledge had argued that because the evidence consisted only of reports of atrocities, and not witnesses who had seen or heard the attacks ordered, the general could not adequately defend himself.
Stevens also found that the government must show that the alleged war criminal had committed "a hostile and warlike act" against Americans, not simply that he was linked to others who committed atrocities.
Salim Ahmed Hamdan has acknowledged that he was a driver for Osama bin Laden but has denied participation in any terrorist plans. Gen. Yamashita had argued that he was cut off from his troops during the atrocities and that he had not ordered, approved or even known of them.
Some of Stevens' former law clerks say they have been struck by the decisive role his World War II-related experience has played in his handling of cases involving the war on terrorism.
"Stevens was greatly influenced by Rutledge. He admired him as a person and as a judge. And without question, he carried that relationship with him," said Deborah Pearlstein, a lawyer for Human Rights First. "When I was a clerk, he would often mention an opinion or dissent by Rutledge."
"It's remarkable when you look back at Yamashita," said University of Oklahoma law professor Joseph T. Thai. "Wiley Rutledge strongly believed in the rule of law and justice. He said what separates us from the people we fought against is that we believe in fair treatment for all. He said we can't allow the fears and pressures of the moment as a reason to mete out swift justice to our enemies and to abandon our basic principles.
"And that's the lesson Justice Stevens applies to the war on terrorism: Even as we seek to punish the 'worst of the worst,' we must abide by the rule of law."
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Although Yamashita had outspokenly opposed Japan's preparations for war, he was a fearsome leader once the battle was joined, earning the nickname "Tiger of Malaya" for his role in the capture of Singapore in 1942.
